[House Report 117-247]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {      117-247

======================================================================



 
 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE ACT OF 
                                  2021

                                _______
                                

 February 18, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Ms. Johnson of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 4609]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 4609) to reauthorize the National 
Institute of Standards and Technology, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill............................................23
 III. Background and Need for the Legislation........................24
  IV. Committee Hearings.............................................25
   V. Committee Consideration and Votes..............................26
  VI. Summary of Major Provisions of the Bill........................27
 VII. Section-by-Section Analysis (By Title and Section).............28
VIII. Committee Views................................................30
  IX. Cost Estimate..................................................33
   X. Congressional Budget Office Cost Estimate......................34
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)...........36
 XII. Committee Oversight Findings and Recommendations...............36
XIII. Statement on General Performance Goals and Objectives..........36
 XIV. Federal Advisory Committee Statement...........................37
  XV. Duplication of Federal Programs................................37
 XVI. Earmark Identification.........................................37
XVII. Applicability to the Legislative Branch........................37
XVIII.Statement on Preemption of State, Local, or Tribal Law.........37

 XIX. Changes in Existing Law Made by the Bill, As Reported..........37
  XX. Proceedings of Subcommittee Markup.............................74

                              I. Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  (a) Short Title.--This Act may be cited as the ``National Institute 
of Standards and Technology for the Future Act of 2021''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Definitions.

                        TITLE I--APPROPRIATIONS

Sec. 101. Authorization of appropriations.

                     TITLE II--MEASUREMENT RESEARCH

Sec. 201. Engineering biology and biometrology.
Sec. 202. Greenhouse gas measurement research.
Sec. 203. NIST Authority for cybersecurity and privacy activities.
Sec. 204. Software security and authentication.
Sec. 205. Digital identity management research.
Sec. 206. Biometrics research and testing.
Sec. 207. Federal biometric performance standards.
Sec. 208. Protecting research from cyber theft.
Sec. 209. Dissemination of resources for research institutions.
Sec. 210. Advanced communications research.
Sec. 211. Neutron scattering.
Sec. 212. Quantum information science.
Sec. 213. Artificial intelligence.
Sec. 214. Facilitating development and distribution of forensic science 
standards.
Sec. 215. Sustainable Chemistry Research and Education.

                     TITLE III--GENERAL ACTIVITIES

Sec. 301. NIST facilities and construction.
Sec. 302. Educational outreach and support for underrepresented 
communities.
Sec. 303. Other transactions authority.
Sec. 304. Collaborations with government agencies.
Sec. 305. Hiring critical technical experts.
Sec. 306. International standards development.
Sec. 307. Standard technical update.
Sec. 308. GAO study of NIST research security policies and protocols.
Sec. 309. Premise plumbing research.

         TITLE IV--HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP

Sec. 401. Establishment of expansion awards pilot program as a part of 
the Hollings Manufacturing Extension Partnership.
Sec. 402. Update to manufacturing extension partnership.
Sec. 403. National supply chain database.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
          (2) Framework.--The term ``Framework'' means the Framework 
        for Improving Critical Infrastructure Cybersecurity developed 
        by the National Institute of Standards and Technology and 
        referred to in Executive Order 13800 issued on May 11, 2017 (82 
        Fed. Reg. 22391 et seq.).
          (3) Historically black colleges and universities.--The term 
        ``historically Black colleges and universities'' has the same 
        meaning given to the term ``part B institutions'' in section 
        322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
          (4) Institute.--The term ``Institute'' means the National 
        Institute of Standards and Technology.
          (5) 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).
          (6) International standards organization.--The term 
        ``International Standards Organization'' has the meaning given 
        such term in section 451 of the Trade Agreements Act of 1979 
        (19 U.S.C. 2571).
          (7) Minority serving institution.--The term ``minority-
        serving institution''' means a Hispanic-serving institution, an 
        Alaska Native-serving institution, a Native Hawaiian-serving 
        institutions, a Predominantly Black Institution, an Asian 
        American and Native American Pacific Islander-serving 
        institution, or a Native American-serving nontribal institution 
        as described in section 371 of the Higher Education Act of 1965 
        (20 U.S.C. 1067q(a)).
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        Commerce.
          (9) Technical standards.--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.

                        TITLE I--APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  (a) Fiscal Year 2022.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,409,070,000 for the National 
        Institute of Standards and Technology for fiscal year 2022.
          (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                  (A) $915,570,000 shall be for scientific and 
                technical research and services laboratory activities, 
                of which $9,000,000 may be transferred to the Working 
                Capital Fund;
                  (B) $140,000,000 shall be for the construction and 
                maintenance of facilities, of which $80,000,000 shall 
                be for Safety, Capacity, Maintenance, and Major 
                Repairs;
                  (C) $331,500,000 shall be for industrial technology 
                services activities, of which $275,000,000 shall be for 
                the Manufacturing Extension Partnership program under 
                sections 25 and 26 of the National Institute of 
                Standards and Technology Act (15 U.S.C. 278k and 278l) 
                and $56,500,000 shall be for the Network for 
                Manufacturing Innovation Program under section 34 of 
                the National Institute of Standards and Technology Act 
                (15 U.S.C. 278s); and
                  (D) $22,000,000 shall be for the Director for the 
                purpose of investigating the building collapse that 
                occurred in Surfside, Florida on June 24, 2021, to 
                understand the source of failure, to provide 
                recommendations for how to rectify any shortcomings in 
                existing building standards in order to prevent future 
                similar disasters, and to inform future building codes 
                for similar structures, in coordination with state and 
                local offices and other federal agencies as 
                appropriate, consistent with the Institute's 
                responsibilities under the National Construction Safety 
                Team Act of 2002 (Public Law 107-231).
  (b) Fiscal Year 2023.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,518,800,000 for the National 
        Institute of Standards and Technology for fiscal year 2023.
          (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                  (A) $979,100,000 shall be for scientific and 
                technical research and services laboratory activities, 
                of which $10,000,000 may be transferred to the Working 
                Capital Fund;
                  (B) $200,000,000 shall be for the construction and 
                maintenance of facilities, of which $80,000,000 shall 
                be for Safety, Capacity, Maintenance, and Major 
                Repairs, including $20,000,000 for IT infrastructure; 
                and
                  (C) $339,800,000 shall be for industrial technology 
                services activities, of which $283,300,000 shall be for 
                the Manufacturing Extension Partnership program under 
                sections 25 and 26 of the National Institute of 
                Standards and Technology Act (15 U.S.C. 278k and 278l) 
                and $56,500,000 shall be for the Network for 
                Manufacturing Innovation Program under section 34 of 
                the National Institute of Standards and Technology Act 
                (15 U.S.C. 278s).
  (c) Fiscal Year 2024.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,595,800,000 for the National 
        Institute of Standards and Technology for fiscal year 2024.
          (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                  (A) $1,047,600,000 shall be for scientific and 
                technical research and services laboratory activities, 
                of which $12,000,000 may be transferred to the Working 
                Capital Fund;
                  (B) $200,000,000 shall be for the construction and 
                maintenance of facilities, of which $80,000,000 shall 
                be for Safety, Capacity, Maintenance, and Major 
                Repairs, including $20,000,000 for IT infrastructure; 
                and
                  (C) $348,200,000 shall be for industrial technology 
                services activities, of which $291,700,000 shall be for 
                the Manufacturing Extension Partnership program under 
                sections 25 and 26 of the National Institute of 
                Standards and Technology Act (15 U.S.C. 278k and 278l) 
                and $56,500,000 shall be for the Network for 
                Manufacturing Innovation Program under section 34 of 
                the National Institute of Standards and Technology Act 
                (15 U.S.C. 278s).
  (d) Fiscal Year 2025.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,677,900,000 for the National 
        Institute of Standards and Technology for fiscal year 2025.
          (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                  (A) $1,120,900,000 shall be for scientific and 
                technical research and services laboratory activities, 
                of which $15,000,000 may be transferred to the Working 
                Capital Fund;
                  (B) $200,000,000 shall be for the construction and 
                maintenance of facilities, of which $80,000,000 shall 
                be for Safety, Capacity, Maintenance, and Major 
                Repairs, including $20,000,000 for IT infrastructure; 
                and
                  (C) $357,000,000 shall be for industrial technology 
                services activities, of which $300,500,000 shall be for 
                the Manufacturing Extension Partnership program under 
                sections 25 and 26 of the National Institute of 
                Standards and Technology Act (15 U.S.C. 278k and 278l) 
                and $56,500,000 shall be for the Network for 
                Manufacturing Innovation Program under section 34 of 
                the National Institute of Standards and Technology Act 
                (15 U.S.C. 278s).
  (e) Fiscal Year 2026.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,765,400,000 for the National 
        Institute of Standards and Technology for fiscal year 2026.
          (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                  (A) $1,199,400,000 shall be for scientific and 
                technical research and services laboratory activities, 
                of which $18,000,000 may be transferred to the Working 
                Capital Fund;
                  (B) $200,000,000 shall be for the construction and 
                maintenance of facilities, of which $80,000,000 shall 
                be for Safety, Capacity, Maintenance, and Major 
                Repairs, including $20,000,000 for IT infrastructure; 
                and
                  (C) $366,000,000 shall be for industrial technology 
                services activities, of which $309,500,000 shall be for 
                the Manufacturing Extension Partnership program under 
                sections 25 and 26 of the National Institute of 
                Standards and Technology Act (15 U.S.C. 278k and 23 
                278l) and $56,500,000 shall be for the Network for 
                Manufacturing Innovation Program under section 34 of 
                the National Institute of Standards and Technology Act 
                (15 U.S.C. 278s).

                     TITLE II--MEASUREMENT RESEARCH

SEC. 201. ENGINEERING BIOLOGY AND BIOMETROLOGY.

  (a) In General.--The Director shall--
          (1) support basic measurement science, technology research 
        for engineering biology, biomanufacturing, and biometrology to 
        advance--
                  (A) measurement technologies to support foundational 
                understanding of the mechanisms of conversion of DNA 
                information into cellular function, including both the 
                natural and engineered production of biomolecules;
                  (B) technologies for measurement of such biomolecular 
                components and for complex engineered biological 
                systems;
                  (C) new data tools, techniques, and processes to 
                improve engineering biology, biomanufacturing, and 
                biometrology research; and
                  (D) all other areas deemed by the Director to be 
                critical to the development and deployment of 
                engineering biology, biomanufacturing and biometrology;
          (2) support activities to inform and expand the development 
        of measurements infrastructure needed to develop technical 
        standards to establish interoperability and facilitate 
        commercial development of biomolecular measurement technology 
        and engineering biology applications;
          (3) convene industry, institutions of higher education, 
        nonprofit organizations, Federal laboratories, and other 
        Federal agencies engaged in engineering biology research and 
        development to develop coordinated technical roadmaps for 
        authoritative measurement of the molecular components of the 
        cell;
          (4) provide access to user facilities with advanced or unique 
        equipment, services, materials, and other resources to 
        industry, institutions of higher education, nonprofit 
        organizations, and government agencies to perform research and 
        testing;
          (5) establish or expand collaborative partnerships or 
        consortia with other Federal agencies engaged in engineering 
        biology research and development, institutions of higher 
        education, Federal laboratories, and industry to advance 
        engineering biology applications; and
          (6) support graduate and post graduate research and training 
        in biometrology, biomanufacturing, and engineering biology.
  (b) Definitions.--For purposes of this section, the term 
``Engineering Biology'' means the application of engineering design 
principles and practices to biological systems, including molecular and 
cellular systems, to advance fundamental understanding of complex 
natural systems and to enable novel or optimize functions and 
capabilities.
  (c) Rule of Construction.--Nothing in this section shall be construed 
to alter the policies, processes, or practices of individual Federal 
agencies in effect on the day before the date of the enactment of this 
Act relating to the conduct of biomedical research and advanced 
development, including the solicitation and review of extramural 
research proposals.
  (d) Controls.--In carrying out activities authorized by this section, 
the Secretary shall ensure proper security controls are in place to 
protect sensitive information, as appropriate.

SEC. 202. GREENHOUSE GAS MEASUREMENT RESEARCH.

  (a) Greenhouse Gas Measurement Program.--
          (1) In general.--The Director, in consultation with the 
        Administrator of the National Oceanic and Atmospheric 
        Administration and the Administrator of the Environmental 
        Protection Agency, shall carry out a measurement research 
        program to inform the development of best practices, 
        benchmarks, methodologies, procedures, and technical standards 
        for the measurement of greenhouse gas emissions and to assess 
        and improve the performance of greenhouse gas emissions 
        measurement systems.
          (2) Activities.--In carrying out such a program, the Director 
        may--
                  (A) conduct research and testing to improve the 
                accuracy, efficacy, and reliability of the measurement 
                of greenhouse gas emissions at a range of scales that 
                covers direct measurement at the component or process 
                level through atmospheric observations;
                  (B) conduct research to create novel measurement 
                technologies and techniques for the measurement of 
                greenhouse gas emissions;
                  (C) convene and engage with relevant Federal agencies 
                and stakeholders to establish common definitions and 
                characterizations for the measurement of greenhouse gas 
                emissions, taking into account any existing United 
                States and international standards and guidance;
                  (D) conduct outreach and coordination to share 
                technical expertise with relevant industry and non-
                industry stakeholders and standards development 
                organizations to assist such entities in the 
                development of best practices and technical standards 
                for greenhouse gas emissions measurements; and
                  (E) in coordination with the Administrator of the 
                National Oceanic and Atmospheric Administration and the 
                Administrator of the Environmental Protection Agency, 
                develop such standard reference materials as the 
                Director determines is necessary to further the 
                development of such technical standards, taking into 
                account any existing United States or international 
                standards.
          (3) Test beds.--In coordination with the private sector, 
        institutions of higher education, state and local governments, 
        the National Oceanic and Atmospheric Administration, the 
        Environmental Protection Agency, and other Federal agencies as 
        appropriate, the Director may continue to develop and manage 
        testbeds to advance research and standards development for 
        greenhouse gas emissions measurements.
          (4) Greenhouse gas measurement center of excellence.--
                  (A) In general.--The Director, in collaboration with 
                the Administrator of the National Oceanic and 
                Atmospheric Administration, the Administrator of the 
                Environmental Protection Agency, and the heads of other 
                Federal agencies, as appropriate, shall award to an 
                institution of higher education or an eligible 
                nonprofit organization (or a consortium thereof), on a 
                merit-reviewed, competitive basis, funds to establish a 
                Center of Excellence in Greenhouse Gas Measurement.
                  (B) Collaborations.--The Director shall require, as a 
                condition of receipt of the award under this paragraph, 
                that the activities of the Center of Excellence include 
                collaboration among public and private organizations, 
                including institutions of higher education, nonprofit 
                organizations, private sector entities, and State, 
                tribal, territorial, and local officials.
                  (C) Purpose.--The purpose of the Center of Excellence 
                shall be to--
                          (i) advance measurement science, data 
                        analytics, and modeling at a range of scales 
                        that covers direct measurement at the component 
                        or process level through atmospheric 
                        observations to improve the accuracy of 
                        greenhouse gas emissions measurement, 
                        validation, and attribution to specific 
                        underlying activities and processes;
                          (ii) test and evaluate the performance of 
                        existing capabilities, and inform and improve 
                        best practices, benchmarks, methodologies, 
                        procedures, and technical standards, for the 
                        measurement and validation of greenhouse gas 
                        emissions at scales noted in clause (i);
                          (iii) educate and train students in 
                        measurement science, computational science, and 
                        systems engineering research relevant to 
                        greenhouse gas emissions measurements;
                          (iv) foster collaboration among academic 
                        researchers, private sector stakeholders, and 
                        State, tribal, territorial, and local 
                        officials;
                          (v) support Institute test beds as described 
                        in subsection (a)(3); and
                          (vi) collaborate with other Federal agencies 
                        to conduct outreach and coordination to share 
                        technical expertise with relevant public and 
                        private sector stakeholders, including State, 
                        tribal, territorial, and local officials, to 
                        assist such entities in measuring greenhouse 
                        gas emissions.
                  (D) Requirements.--
                          (i) In general.--An institution of higher 
                        education or an eligible nonprofit organization 
                        (or a consortium thereof) seeking funding under 
                        this subsection shall submit an application to 
                        the Director at such time, in such manner, and 
                        containing such information as the Director may 
                        require.
                          (ii) Applications.--Each application made 
                        under clause (i) shall include a description 
                        of--
                                  (I) how the Center will work with 
                                other research institutions, industry 
                                partners, and State and local officials 
                                to identify research, testing, and 
                                technical standards needs relevant to 
                                greenhouse gas emissions;
                                  (II) how the Center will promote 
                                active collaboration among researchers 
                                in multiple disciplines involved in the 
                                measurement of greenhouse gas 
                                emissions; and
                                  (III) how the Center will share 
                                technical expertise with relevant 
                                public and private sector stakeholders, 
                                including state and local officials, to 
                                assist such entities in measuring 
                                greenhouse gas emissions.
                          (iii) Selection and duration.--Each Center 
                        established under this section is authorized to 
                        carry out activities for a period of 5 years, 
                        renewable for an additional 5 years at the 
                        discretion of the Director, in consultation 
                        with other Federal agencies as appropriate.

SEC. 203. NIST AUTHORITY FOR CYBERSECURITY AND PRIVACY ACTIVITIES.

  Section 2 of the National Institute of Standards and Technology Act 
(15 U.S.C. 272 et seq.) is amended--
          (1) in subsection (c)--
                  (A) in paragraph (16), by striking the period at the 
                end and inserting a semicolon;
                  (B) by redesignating paragraphs (16) through (27) as 
                paragraphs (21) through (32), respectively; and
                  (C) by inserting after paragraph (15) the following:
          ``(16) support information security measures for the 
        development and lifecycle of software and the software supply 
        chain, including development of voluntary, consensus-based 
        technical standards, best practices, frameworks, methodologies, 
        procedures, processes, and software engineering toolkits and 
        configurations;
          ``(17) support information security measures, including 
        voluntary, consensus-based technical standards, best practices, 
        and guidelines, for the design, adoption and deployment of 
        cloud computing services;
          ``(18) support research, development, and practical 
        application to improve the usability of cybersecurity processes 
        and technologies;
          ``(19) facilitate and support the development of a voluntary, 
        consensus-based set of technical standards, guidelines, best 
        practices, methodologies, procedures, and processes to cost-
        effectively ensure appropriate privacy protections for 
        personally identifiable information in systems, technologies, 
        and processes used by both the public and private sector;
          ``(20) support privacy measures, including voluntary, 
        consensus-based technical standards, best practices, 
        guidelines, metrology, and testbeds for the design, adoption 
        and deployment of privacy enhancing technologies;''; and
          (2) in subsection (e)(1)(A)--
                  (A) in clause (viii), by striking ``and'' at the end;
                  (B) by redesignating clause (ix) as clause (x); and
                  (C) by inserting after clause (viii) the following:
                          ``(ix) conduct reviews of and create impact 
                        metrics for cybersecurity solutions and 
                        capabilities developed by the Institute for 
                        purposes of improvement; and''.

SEC. 204. SOFTWARE SECURITY AND AUTHENTICATION.

  (a) Vulnerabilities in Open Source Software.--The Director shall 
assess and assign severity metrics to identified vulnerabilities with 
open source software and produce voluntary guidance to assist the 
entities that maintain open source software repositories to discover 
and mitigate vulnerabilities.
  (b) Artificial Intelligence-enabled Defenses.--The Director shall 
carry out research and testing to improve the effectiveness of 
artificial intelligence-enabled cybersecurity, including by generating 
optimized data sets to train artificial intelligence defense systems 
and evaluating the performance of varying network architectures at 
strengthening network security.
  (c) Authentication of Institute Software.--The Director shall ensure 
all software released by the Institute is digitally signed and 
maintained to enable stakeholders to verify its authenticity and 
integrity upon installation and execution.
  (d) Assistance to Inspectors General.--The Director shall provide 
technical assistance to improve the education and training of 
individual Federal agency Inspectors General and staff who are 
responsible for the annual independent evaluation they are required to 
perform of the information security program and practices of Federal 
Agencies under section 3555 of title 44, United States Code.
  (e) Software Supply Chain Security Practices.--
          (1) In general.--The Director shall, in coordination with 
        industry, academia, and other Federal agencies, as appropriate, 
        develop a set of security outcomes and practices, including 
        security controls, control enhancements, supplemental guidance, 
        or other supporting information to enable software developers 
        and operators to identify, assess, and manage cyber risks over 
        the full lifecycle of software products.
          (2) Outreach.--The Director shall conduct outreach and 
        coordination activities to share technical expertise with 
        Federal agencies, relevant industry stakeholders, and standards 
        development organizations, as appropriate, to encourage the 
        voluntary adoption of the software lifecycle security practices 
        by Federal agencies and industry stakeholders.

SEC. 205. DIGITAL IDENTITY MANAGEMENT RESEARCH.

  Section 504 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 
7464) is amended to read as follows:

``SEC. 504. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.

  ``(a) In General.--The Director shall carry out a program of research 
to support the development of voluntary, consensus-based technical 
standards, best practices, benchmarks, methodologies, metrology, 
testbeds, and conformance criteria for identity management, taking into 
account appropriate user concerns--
          ``(1) to improve interoperability and portability among 
        identity management technologies;
          ``(2) to strengthen identity proofing and verification 
        methods used in identity management systems;
          ``(3) to improve privacy protection in identity management 
        systems through authentication and security protocols; and
          ``(4) to monitor and improve the accuracy, usability, and 
        inclusivity of identity management systems.
  ``(b) Digital Identity Technical Roadmap.--The Director, in 
consultation with other relevant Federal agencies and stakeholders from 
the private sector, shall develop and maintain a technical roadmap for 
digital identity management research and development focused on 
enabling the voluntary use and adoption of modern digital identity 
solutions that align with the four criteria in subsection (a).
  ``(c) Digital Identity Management Guidance.--
          ``(1) In general.--The Director shall develop, and 
        periodically update, in collaboration with other public and 
        private sector organizations, common definitions and voluntary 
        guidance for digital identity management systems.
          ``(2) Guidance.--The Guidance shall--
                  ``(A) align with the four criteria in subsection (a), 
                as practicable;
                  ``(B) provide case studies of implementation of 
                guidance;
                  ``(C) incorporate voluntary technical standards and 
                industry best practices; and
                  ``(D) not prescribe or otherwise require the use of 
                specific technology products or services.
          ``(3) Consultation.--In carrying out this subsection, the 
        Director shall consult with--
                  ``(A) Federal and State agencies;
                  ``(B) industry;
                  ``(C) potential end-users and individuals that will 
                use services related to digital identity verification; 
                and
                  ``(D) experts with relevant experience in the systems 
                that enable digital identity verification, as 
                determined by the Director.''.

SEC. 206. BIOMETRICS RESEARCH AND TESTING.

  (a) In General.--The Secretary, acting through the Director, shall 
establish a program to support measurement research to inform the 
development of best practices, benchmarks, methodologies, procedures, 
and voluntary, consensus-based technical standards for biometric 
identification systems, including facial recognition systems, to assess 
and improve the performance of such systems. In carrying out such 
program, the Director may--
          (1) conduct research to support efforts to improve the 
        performance of biometric identification systems, including in 
        areas related to conformity assessment, image quality and 
        interoperability, contactless biometric capture technologies, 
        and human-in-the-loop biometric identification systems and 
        processes;
          (2) convene and engage with relevant stakeholders to 
        establish common definitions and characterizations for 
        biometric identification systems, including accuracy, fairness, 
        bias, privacy, consent, and other properties, taking into 
        account definitions in relevant international technical 
        standards and other publications;
          (3) carry out research and testing on a range of biometric 
        modalities, such as fingerprints, voice, iris, face, vein, 
        behavioral biometrics, genetics, multimodal biometrics, and 
        emerging applications of biometric identification technology;
          (4) study the use of privacy-enhancing technologies and other 
        technical protective controls to facilitate access to public 
        data sets for biometric research;
          (5) conduct outreach and coordination to share technical 
        expertise with relevant industry and non-industry stakeholders 
        and standards development organizations to assist such entities 
        in the development of best practices and voluntary technical 
        standards; and
          (6) develop such standard reference artifacts as the Director 
        determines is necessary to further the development of such 
        voluntary technical standards.
  (b) Biometrics Vendor Test Program.--
          (1) In general.--The Secretary, acting through the Director, 
        shall carry out a test program to provide biometrics vendors 
        the opportunity to test biometric identification technologies 
        across a range of modalities.
          (2) Activities.--In carrying out the program under subsection 
        (a), the Director shall--
                  (A) conduct research and regular testing to improve 
                and benchmark the accuracy, efficacy, and bias of 
                biometric identification systems, including research 
                and testing on demographic variations, capture devices, 
                presentation attack detection, partially occluded or 
                computer generated images, privacy and security designs 
                and controls, template protection, de-identification, 
                and comparison of algorithm, human, and combined 
                algorithm-human recognition capability;
                  (B) develop an approach for testing software and 
                cloud-based biometrics applications, including remote 
                systems, in Institute test facilities;
                  (C) establish reference use cases for biometric 
                applications and performance criteria for assessing 
                each use case, including accuracy and bias metrics;
                  (D) produce public-facing reports of the findings 
                from such testing for a general audience; and
                  (E) conduct such other activities as deemed necessary 
                by the Director.
          (3) Partnerships with other federal agencies.--In addition to 
        such sums as may be authorized to be appropriated or otherwise 
        made available to carry out this section, the Director may 
        accept funds from other Federal departments and agencies and 
        States and local governments to carry out activities under this 
        subsection.

SEC. 207. FEDERAL BIOMETRIC PERFORMANCE STANDARDS.

  Section 20 of the National Institute of Standards and Technology Act 
(15 U.S.C. 278g-3) is amended in subsection (b)--
          (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
          (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
          (3) by adding at the end the following:
          ``(4) performance standards and guidelines for high risk 
        biometric identification systems, including facial recognition 
        systems, accounting for various use cases, types of biometric 
        identification systems, and relevant operational conditions.''.

SEC. 208. PROTECTING RESEARCH FROM CYBER THEFT.

  Section 2(e)(1)(A) of the National Institute of Standards and 
Technology Act (15 U.S.C. 272(e)(1)(A)), as amended by section 203(2), 
is further amended--
          (1) in clause (ix), as added by section 203(2)(C), by 
        striking ``and'' after the semicolon;
          (2) by redesignating clause (x), as redesignated by section 
        203(2)(B), as clause (xi); and
          (3) by inserting after clause (ix), as added by section 
        203(2)(C), the following:
                          ``(x) consider institutions of higher 
                        education (as defined in section 101 of the 
                        Higher Education Act of 1965 (20 U.S.C. 1001)); 
                        and''.

SEC. 209. DISSEMINATION OF RESOURCES FOR RESEARCH INSTITUTIONS.

  (a) Dissemination of Resources for Research Institutions.--
          (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Director shall, using the 
        authorities of the Director under subsections (c)(15) and 
        (e)(1)(A)(ix) of section 2 of the National Institute of 
        Standards and Technology Act (15 U.S.C. 272), as amended by 
        section 208, disseminate and make publicly available resources 
        to help qualifying institutions identify, assess, manage, and 
        reduce their cybersecurity risk related to conducting research.
          (2) Requirements.--The Director shall ensure that the 
        resources disseminated pursuant to paragraph (1)--
                  (A) are generally applicable and usable by a wide 
                range of qualifying institutions;
                  (B) vary with the nature and size of the qualifying 
                institutions, and the nature and sensitivity of the 
                data collected or stored on the information systems or 
                devices of the qualifying institutions;
                  (C) include elements that promote awareness of 
                simple, basic controls, a workplace cybersecurity 
                culture, and third-party stakeholder relationships, to 
                assist qualifying institutions in mitigating common 
                cybersecurity risks;
                  (D) include case studies, examples, and scenarios 
                studies of practical application;
                  (E) are technology-neutral and can be implemented 
                using technologies that are commercial and off-the-
                shelf; and
                  (F) to the extent practicable, are based on 
                international technical standards.
          (3) National cybersecurity awareness and education program.--
        The Director shall ensure that the resources disseminated under 
        paragraph (1) are consistent with the efforts of the Director 
        under section 303 of the Cybersecurity Enhancement Act of 2014 
        (15 U.S.C. 7451).
          (4) Updates.--The Director shall review periodically and 
        update the resources under paragraph (1) as the Director 
        determines appropriate.
          (5) Voluntary resources.--The use of the resources 
        disseminated under paragraph (1) shall be considered voluntary.
  (b) Other Federal Cybersecurity Requirements.--Nothing in this 
section may be construed to supersede, alter, or otherwise affect any 
cybersecurity requirements applicable to Federal agencies.
  (c) Definitions.--In this section:
          (1) Qualifying institutions.--The term ``qualifying 
        institutions'' means institutions of higher education that are 
        classified as either very-high research intensive (R1) or high 
        research intensive (R2) status universities by the Carnegie 
        Classification of Academic Institutions.
          (2) Resources.--The term ``resources'' means guidelines, 
        tools, best practices, technical standards, methodologies, and 
        other ways of providing information.

SEC. 210. ADVANCED COMMUNICATIONS RESEARCH.

  The National Institute of Standards and Technology Act (15 U.S.C. 271 
et seq.) is amended--
          (1) by redesignating section 35 as section 36; and
          (2) by inserting after section 34 the following:

``SEC. 35. ADVANCED COMMUNICATIONS RESEARCH ACTIVITIES.

  ``(a) Advanced Communications Research.--
          ``(1) In general.--The Director, in consultation with the 
        Administrator of the National Telecommunications and 
        Information Administration, the Director of the National 
        Science Foundation, and heads of other Federal agencies, as 
        appropriate, shall carry out a program of measurement research 
        to inform the development of common definitions, benchmarks, 
        best practices, methodologies, and voluntary, consensus-based 
        technical standards for advanced communications technologies.
          ``(2) Research areas.--Research areas may include--
                  ``(A) radio frequency emissions and interference, 
                including technologies and techniques to mitigate such 
                emissions;
                  ``(B) advanced antenna arrays and artificial 
                intelligence systems capable of operating advanced 
                antenna arrays;
                  ``(C) artificial intelligence systems to enable 
                internet of things networks, immersive technology, and 
                other advanced communications technologies;
                  ``(D) network sensing and monitoring technologies;
                  ``(E) technologies to enable spectrum flexibility and 
                agility;
                  ``(F) optical and quantum communications 
                technologies;
                  ``(G) security of advanced communications systems and 
                their supply chains;
                  ``(H) public safety communications;
                  ``(I) resilient internet of things applications for 
                advanced manufacturing; and
                  ``(J) other research areas deemed necessary by the 
                Director.
          ``(3) Test beds.--In coordination with the private sector and 
        other Federal agencies as appropriate, the Director may develop 
        and manage testbeds for research and development of advanced 
        communications technologies, avoiding duplication of existing 
        testbeds run by other agencies or the private sector.
          ``(4) Outreach.--In carrying out the activities under this 
        subsection, the Director shall seek input from other Federal 
        agencies and from private sector stakeholders, on an ongoing 
        basis, to help inform research and development priorities, 
        including through workshops and other multi-stakeholder 
        activities.
          ``(5) Technical roadmaps.--In carrying out the activities 
        under this subsection, the Director shall convene industry, 
        institutions of higher education, nonprofit organizations, 
        Federal laboratories, and other Federal agencies engaged in 
        advanced communications research and development to develop, 
        and periodically update, coordinated technical roadmaps for 
        advanced communications research in priority areas, such as 
        those described in paragraph (2).
  ``(b) National Advanced Spectrum and Communications Test Network.--
          ``(1) In general.--The Director, in coordination with the 
        Administrator of the National Telecommunications and 
        Information Administration and heads of other Federal agencies, 
        as appropriate, shall operate a national network of government, 
        academic, and commercial test capabilities and facilities to be 
        known as the National Advanced Spectrum and Commutations Test 
        Network (referred to in this section as `NASCTN').
          ``(2) Purposes.--NASCTN shall be for the purposes of 
        facilitating and coordinating the use of intellectual capacity, 
        modeling and simulation, laboratory facilities, and test 
        facilities to meet national spectrum interests and challenges, 
        including--
                  ``(A) measurements and analyses of electromagnetic 
                propagation, radio systems characteristics, and 
                operating techniques affecting the utilization of the 
                electromagnetic spectrum in coordination with 
                specialized, related research and analysis performed by 
                other Federal agencies in their areas of 
                responsibility;
                  ``(B) Conducting research and analysis in the general 
                field of telecommunications sciences in support of the 
                Institute's mission and in support of other Government 
                agencies;
                  ``(C) developing methodologies for testing, 
                measuring, and setting guidelines for interference;
                  ``(D) conducting interference tests to better 
                understand the impact of Federal and commercial 
                spectrum activities;
                  ``(E) conducting research and testing to improve 
                spectrum interference tolerance, flexibility, and 
                agility; and
                  ``(F) other activities as deemed necessary by the 
                Director.
          ``(3) Partnerships with other federal agencies.--In addition 
        to such sums as may be authorized to be appropriated or 
        otherwise made available to carry out this section, the 
        Director may accept funds from other departments and agencies 
        of the Federal Government, and from the State and local 
        governments, to operate NASCTN under this section.''.

SEC. 211. NEUTRON SCATTERING.

  (a) Strategic Plan for the Institute Neutron Reactor.--The Director 
shall develop a strategic plan for the future of the Institute Center 
for Neutron Research after the current neutron reactor is 
decommissioned, including--
          (1) a succession plan for the reactor, including a roadmap 
        with timeline and milestones;
          (2) conceptual design of a new reactor and accompanying 
        facilities, as appropriate; and
          (3) a plan to minimize disruptions to the user community 
        during the transition.
  (b) Coordination With the Department of Energy.--The Secretary, 
acting through the Director, shall coordinate with the Secretary of 
Energy on issues related to Federal support for neutron science, 
including estimation of long-term needs for research using neutron 
sources, and planning efforts for future facilities to meet such needs.
  (c) Report to Congress.--Not later than 18 months after the enactment 
of this Act, the Director shall submit to Congress the plan required 
under subsection (a), and shall notify Congress of any substantial 
updates to such plan in subsequent years.

SEC. 212. QUANTUM INFORMATION SCIENCE.

  (a) In General.--The Director shall continue to prioritize and carry 
out activities authorized in the National Quantum Initiative Act (15 
U.S.C. 8801).
  (b) Quantum Research.--Section 201(a) of the National Quantum 
Initiative Act (15 U.S.C. 8831) is amended--
          (1) by redesignating paragraphs (3) through (4) as paragraphs 
        (6) through (7); and
          (2) by inserting after paragraph (2) the following:
          ``(3) shall carry out research to facilitate the development 
        and standardization of quantum cryptography and post-quantum 
        classical cryptography;
          ``(4) shall carry out research to facilitate the development 
        and standardization of quantum networking and communications 
        technologies and applications, including--
                  ``(A) quantum repeater technology;
                  ``(B) quantum network traffic management;
                  ``(C) quantum transduction;
                  ``(D) long baseline entanglement and teleportation; 
                and
                  ``(E) such other technologies, processes, or 
                applications as the Director considers appropriate;
          ``(5) shall, for quantum technologies deemed by the Director 
        to be at a readiness level sufficient for standardization, the 
        Director shall provide technical review and assistance to such 
        other Federal agencies as the Director considers appropriate 
        for the development of quantum network infrastructure 
        standards;''.

SEC. 213. ARTIFICIAL INTELLIGENCE.

  (a) In General.--The Director shall continue to support the 
development of artificial intelligence and data science, and carry out 
the activities of the National Artificial Intelligence Initiative Act 
of 2020 authorized in division E of the National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116-283), including through--
          (1) expanding the Institute's capabilities, including 
        scientific staff and research infrastructure;
          (2) supporting measurement research and development for 
        advanced computer chips and hardware designed for artificial 
        intelligence systems;
          (3) supporting the development of technical standards and 
        guidelines that promote safe and trustworthy artificial 
        intelligence systems;
          (4) creating a framework for managing risks associated with 
        artificial intelligence systems; and
          (5) developing and publishing cybersecurity tools, encryption 
        methods, and best practices for artificial intelligence and 
        data science.
  (b) Testbeds.--In coordination with other Federal agencies as 
appropriate, the private sector, and institutions of higher education, 
the Director may establish testbeds to examine artificial intelligence 
and machine learning systems in virtual environments for 
vulnerabilities that may lead to failure, malfunction, or attacks under 
a wide range of conditions.

SEC. 214. FACILITATING DEVELOPMENT AND DISTRIBUTION OF FORENSIC SCIENCE 
                    STANDARDS.

  (a) Organization of Scientific Area Committees for Forensic 
Science.--
          (1) Establishment.--The Director shall establish in the 
        Institute an organization to facilitate the development of 
        forensic science standards.
          (2) Designation.--The organization established under 
        paragraph (1) shall be known as the ``Organization of 
        Scientific Area Committees for Forensic Science''.
          (3) Composition.--The Organization shall be composed of the 
        following:
                  (A) The Forensic Science and Standards Board 
                established under subsection (b).
                  (B) Each scientific area committee established under 
                subsection (c).
          (4) Duties of the organization.--The duties of the 
        Organization are as follows:
                  (A) Facilitating the development and distribution of 
                scientifically sound, consensus-based documentary 
                standards and guidelines for forensic science, 
                including through formal collaboration with 
                nongovernmental standards development organizations.
                  (B) Establishing a registry of scientifically sound 
                forensic science standards and guidelines approved and 
                endorsed by the Organization.
                  (C) Establish a process for regularly re-evaluating 
                existing standards and guidelines published for 
                placement on the registry established under 
                subparagraph (B).
                  (D) Promoting the adoption by the forensic science 
                community of the standards and guidelines described in 
                subparagraph (A) and as included in the registry 
                established under subparagraph (B).
  (b) Forensic Science Standards Board.--
          (1) Establishment.--The Director shall establish in the 
        Organization a board to oversee the operations of the 
        Organization and its committees.
          (2) Designation.--The board established under paragraph (1) 
        shall be known as the ``Forensic Science Standards Board''.
          (3) Composition.--The Board shall be composed of the 
        following:
                  (A) Members selected by the Director to serve on the 
                Board from among each of--
                          (i) members of the forensic science 
                        community;
                          (ii) scientists and engineers with relevant 
                        expertise at institutions of higher education 
                        and other nonprofit research organizations;
                          (iii) statisticians;
                          (iv) a representative of each of the task 
                        groups established under subsection (d), as the 
                        Director considers appropriate; and
                          (v) such other communities or sectors as the 
                        Director considers appropriate.
                  (B) The chairpersons of the scientific area 
                committees established under subsection (c).
          (4) Duties.--The duties of the Board are as follows:
                  (A) Overseeing all operations of the Organization, 
                including the committees of the Organization.
                  (B) Establishing governance rules and policies for 
                the Organization.
                  (C) Facilitating communication within the 
                Organization and between the Organization, the criminal 
                justice community, and the forensic science community.
                  (D) Overseeing the reviewing and approving process of 
                standards to be added to the registry established under 
                subsection (a)(4)(B).
          (5) Authority to approve standards for listing in registry of 
        forensic science standards and guidelines.--The Board may 
        approve standards for listing on the registry established under 
        subsection (a)(4)(B).
  (c) Scientific Area Committees.--
          (1) Establishment.--The Director shall establish one or more 
        scientific area committees to carry out the work of the 
        Organization.
          (2) Membership.--
                  (A) Composition.--Each scientific area committee 
                established under paragraph (1) shall be composed of 
                the following:
                          (i) The chairperson of the scientific area 
                        committee.
                          (ii) The vice chairperson of the scientific 
                        area committee.
                          (iii) The chairperson of each subcommittee 
                        established under paragraph (3) for each 
                        scientific area committee under paragraph (1).
                  (B) Chairperson and vice chairperson.--
                          (i) In general.--For each scientific area 
                        committee established under paragraph (1), the 
                        Director shall appoint a chairperson and a vice 
                        chairperson for the scientific area committee 
                        from among individuals with expertise in the 
                        subject area of the scientific area committee.
                          (ii) Service.--Each chairperson and vice 
                        chairperson appointed under clause (i) shall 
                        serve as a chairperson or vice chairperson at 
                        the pleasure of the Director.
          (3) Subcommittees.--
                  (A) Establishment.--The Director may establish such 
                subcommittees in a scientific area committee 
                established under paragraph (1) as the Director 
                considers appropriate to assist in the work of the 
                scientific area committee.
                  (B) Membership.--Each subcommittee established under 
                subparagraph (A) shall be composed of such members 
                selected by the Director from among the following:
                          (i) Forensic science practitioners.
                          (ii) Scientists and engineers at institutions 
                        of higher education and other nonprofit 
                        research organizations.
                          (iii) Statisticians.
                          (iv) Representatives of the legal community.
                          (v) Such others as the Director considers 
                        appropriate for purposes of this section.
          (4) Duties.--The duties of a scientific area committee 
        established under paragraph (1) shall be as follows:
                  (A) Coordinating the operation and activities of 
                specific forensic science discipline subcommittees in 
                order to encourage communication across all subject and 
                discipline specific subcommittees.
                  (B) Providing opportunity to the public to engage the 
                forensic science community in matters relating to 
                priorities, standards, and guidelines.
                  (C) Address topics of high importance to the forensic 
                community, such as matters relating to the following:
                          (i) Biology.
                          (ii) Chemistry, including--
                                  (I) matters relating to seized drugs 
                                and toxicology; and
                                  (II) matters relating to trace 
                                evidence.
                          (iii) Scene examination.
                          (iv) Medicine.
                          (v) Digital and multimedia.
                          (vi) Physics and pattern interpretation.
                          (vii) Computational forensic algorithms.
                  (D) Furthering the development of standards under 
                subsection (e)(1) and other guidelines.
  (d) Resource Task Groups.--
          (1) Establishment.--The Director, acting through the Board, 
        shall establish legal, human factors, quality, and statistics 
        task groups to support and assist the Organization with matters 
        relating to questions of law, human factors, ethical and social 
        implications of technology, workflow processes, quality 
        assurance, and statistics.
          (2) Membership.--The Director, acting through the Board, 
        shall ensure that each task group established under paragraph 
        (1) is composed of voting members of the subcommittees 
        established under subsection (c)(3) who have relevant 
        expertise.
          (3) Chairpersons.--The Director, acting through the Board, 
        shall appoint a chairperson of each task group established 
        under paragraph (1).
  (e) Forensic Science Standards Development Process.--
          (1) Standards development process.--The Director, acting 
        through the Organization, shall implement a process to 
        facilitate the development of scientifically sound, consensus- 
        based forensic standards and guidelines, consistent with the 
        duties described for each entity established under this 
        section.
          (2) Technical review.--
                  (A) Process required.--The Director shall establish a 
                process for technical peer review to provide feedback 
                on a draft of a standard or guideline to a relevant 
                subcommittee of a scientific area committee before such 
                standard or guideline is submitted to a nongovernmental 
                standards development organization or submitted for 
                inclusion in a registry of forensic standards or 
                guidelines.
                  (B) Participants.--The process established under 
                subparagraph (A)--
                          (i) may include members of the Organization; 
                        and
                          (ii) shall include additional volunteer 
                        experts from the forensic science community and 
                        the academic research community.
          (3) Public comment.--
                  (A) In general.--The Director shall provide for 
                public comment on draft standards prior to inclusion in 
                the registry of forensic science standards and 
                guidelines established under subsection (a)(4)(B).
                  (B) Comments from research task groups.--The Director 
                shall ensure that--
                          (i) each resource task group established 
                        under subsection (d) may submit, as a group, 
                        comments on draft standards described in 
                        subparagraph (A); and
                          (ii) any comments submitted under clause (i), 
                        and any adjudication of such comments by the 
                        Organization, are made available to the public.
          (4) Submission to standards developing organization.--The 
        Director shall ensure that standards proposed by the 
        Organization and approved for the registry of forensic science 
        standards and guidelines established under subsection (a)(4)(B) 
        are submitted to a nongovernmental standards development 
        organization for review and formal adoption as standard.
          (5) Grants.--The Director shall award grants through a 
        competitive process--
                  (A) to support activities under paragraph (3); and
                  (B) to ensure that the standards approved for 
                inclusion in the registry of forensic science standards 
                and guidelines required by subsection (a)(4)(B) are 
                submitted to a nongovernmental standards development 
                organization.
  (f) Forensic Standards for Authenticating Digital Evidence.--
          (1) Furthering development of standards.--
                  (A) In general.--The subcommittee addressing digital 
                and multimedia, or any successor thereto, shall develop 
                standards for validating or assessing the authenticity 
                of digital content, including content created by 
                technologies that synthesize or manipulate digital 
                content such as deepfakes.
                  (B) Collaboration.--In carrying out subparagraph (A), 
                the subcommittee described in such subparagraph shall 
                collaborate with the forensic science community and 
                experts who study advanced techniques for digital 
                content manipulation, including those in academia and 
                government entities such as the Defense Advanced 
                Research Projects Agency (DARPA).
          (2) Resource development.--The Organization shall develop and 
        compile resources and materials for use by the forensic science 
        community in developing standards to authenticate digital 
        materials.
          (3) Congressional briefing.--Not later than 1 year after the 
        date of the enactment of this Act, the Director shall provide 
        the appropriate committees of Congress a briefing on the status 
        of efforts undertaken pursuant to this subsection.

SEC. 215. SUSTAINABLE CHEMISTRY RESEARCH AND EDUCATION.

  In accordance with section 263 of the National Defense Authorization 
Act for Fiscal Year 2021, the Director shall carry out activities in 
support of green and sustainable chemistry, including coordinating and 
partnering with academia, industry, non-profits, and other entities in 
activities to support clean, safe, and economic alternatives, 
technologies, and methodologies to traditional chemical products and 
processes.

                     TITLE III--GENERAL ACTIVITIES

SEC. 301. NIST FACILITIES AND CONSTRUCTION.

  (a) Ownership, Operation, and Leasing of Facilities.--Section 14 of 
the National Institute of Standards and Technology Act (15 U.S.C. 278d) 
is amended by adding at the end the following:
  ``(c) Ownership, Operation, and Leasing of Facilities.--Within the 
limits of funds which are appropriated for the Institute, the Secretary 
is authorized to own, operate, or lease research facilities in 
locations throughout the United States and its territories in 
furtherance of its mission, provided that no agreement is entered into 
to own, operate, or lease without first notifying the appropriate 
Congressional committees of jurisdiction.''.
  (b) Facilities Modernization Fund.--Section 14 of such Act (15 U.S.C. 
278d), as amended by subsection (a), is further amended by adding at 
the end the following:
  ``(d) Facilities Modernization Fund.--
          ``(1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the `NIST Facilities 
        Modernization Fund' (hereafter in this section referred to as 
        the `Fund').
          ``(2) Use of funds.--Amounts in the Fund shall be available 
        to Secretary, acting through the Director, for Capital Projects 
        on the Institute's campuses, and as needed on the Institute's 
        joint institute campuses, for the modernization, renovation, 
        and construction of research facilities needed to conduct 
        leading edge scientific and technical research.
          ``(3) Contents of fund.--The Funds shall consist of the 
        following amounts:
                  ``(A) Such amounts as may be appropriated by law.
                  ``(B) Interest earned on the balance of the Fund.
          ``(4) Authorization of funds.--Of the funds authorized to be 
        appropriated in section 302 of the National Institute of 
        Standards and Technology for the Future Act of 2021 for the 
        construction and renovation of facilities, $80,000,000 for each 
        of the fiscal years 2022 through 2026 shall be provided for the 
        Fund established in subsection (a).
          ``(5) Continuing availability of funds.--Amounts in the Fund 
        are available without regard to fiscal year limitation.
          ``(6) Notification to committees.--Upon making any obligation 
        or expenditure of any amount in the Fund, the Secretary, 
        through the Director, shall notify the Committee on Science, 
        Space, and Technology of the House of Representatives, the 
        Committee on Commerce, Science, and Transportation of the 
        Senate, the Committee on Appropriations of the House of 
        Representatives and the Committee on Appropriations of the 
        Senate of the amount and purpose of the obligation or 
        expenditure.
          ``(7) NIST facilities modernization and maintenance plan.--
                  ``(A) In general.--To carry out the program 
                authorized in subsection (d), the Secretary, acting 
                through the Director, shall develop and submit to 
                Congress a 5-year modernization and maintenance plan 
                for the Institute's campuses.
                  ``(B) Timing.--The modernization and maintenance plan 
                required in subparagraph (A) shall be submitted to 
                Congress not later than 30 days after the date of 
                enactment of the National Institute of Standards and 
                Technology for the Future Act of 2021, and an update 
                shall be submitted to Congress annually thereafter.
                  ``(C) Components.--The plan required in subparagraph 
                (A) shall include, with respect to the 5-year period 
                beginning on the date of the submission or update, the 
                following:
                          ``(i) A list of Capital Construction Projects 
                        expected to be undertaken during such period, 
                        the core capabilities these facilities will 
                        provide, climate-resilience planning efforts, 
                        anticipated schedule of construction, and 
                        anticipated funding requirements.
                          ``(ii) A list of planned utility 
                        infrastructure projects expected to be 
                        undertaken during such periods, anticipated 
                        schedule of construction, and anticipated 
                        funding requirements.
                          ``(iii) A list of planned IT infrastructure 
                        projects expected to be undertaken during such 
                        period, anticipated schedule of construction, 
                        and anticipated funding requirements.
                          ``(iv) A list of the deferred maintenance 
                        projects expected to be undertaken during such 
                        period, anticipated schedule of construction, 
                        anticipated funding requirements, and an 
                        evaluation of progress made in reducing the 
                        deferred maintenance backlog.''.

SEC. 302. EDUCATIONAL OUTREACH AND SUPPORT FOR UNDERREPRESENTED 
                    COMMUNITIES.

  Section 18 of the National Institute of Standards and Technology Act 
(15 U.S.C. 278g-1) is amended--
          (1) in subsection (a), in the second sentence--
                  (A) by striking ``may'' and inserting ``shall''; and
                  (B) by striking ``academia'' and inserting ``diverse 
                types of institutions of higher education, including 
                minority-serving institutions and community colleges''; 
                and
          (2) in subsection (e)--
                  (A) in paragraph (4), by striking ``and'' at the end;
                  (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                  (C) by inserting after paragraph (5) the following:
          ``(6) conduct outreach to and develop research collaborations 
        with historically black colleges and universities and minority-
        serving institutions, including through the recruitment of 
        students and faculty at such institutions to participate in 
        programs developed under paragraph (3);
          ``(7) conduct outreach to and develop research collaborations 
        with community colleges, including through the recruitment of 
        students and faculty at such institutions to participate in 
        programs developed under paragraph (3);
          ``(8) carry out other activities to increase the 
        participation of persons historically underrepresented in STEM 
        in the Institute's programs; and
          ``(9) conduct outreach to and develop collaborations with 
        nontraditional educational organizations, including those that 
        offer training through non-profit associations and professional 
        associations or professional societies, to engage persons 
        historically underrepresented in STEM through programs 
        developed under this subsection.''.

SEC. 303. OTHER TRANSACTIONS AUTHORITY.

  Section 2(b)(4) of the National Institute of Standards and Technology 
Act (15 U.S.C. 272(b)(4)) is amended to read as follows:
          ``(4) to enter into and perform such contracts, including 
        cooperative research and development arrangements and grants 
        and cooperative agreements or other transactions, as may be 
        necessary in the conduct of its work and on such terms as it 
        may deem appropriate, in furtherance of the purposes of this 
        Act;''.

SEC. 304. COLLABORATIONS WITH GOVERNMENT AGENCIES.

  Section 8 of the National Bureau of Standards Authorization of Act 
for Fiscal Year 1983 (15 U.S.C. 275b) is amended--
          (1) in the heading, by adding ``AND WITH'' after ``PERFORMED 
        FOR'';
          (2) by striking ``The Secretary of Commerce'' and inserting 
        ``(a) In General.--The Secretary of Commerce'';
          (3) by inserting after ``(15 U.S.C. 278b(e)).'' the 
        following: ``The Secretary may accept, apply for, use, and 
        spend Federal, State, and non-governmental funds to further the 
        mission of the Institute without regard to the source or the 
        period of availability of these funds as well as share 
        personnel, associates, facilities, and property with these 
        partner organizations, with or without reimbursement, upon 
        mutual agreement.''; and
          (4) by adding at the end the following:
  ``(b) Report.--For each fiscal year beginning with fiscal year 2022, 
not later than 90 days after submission of the President's annual 
budget request for such fiscal year, the Director shall submit to the 
Committee on Science, Space, and Technology and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Commerce, Science, and Transportation and the Committee of 
Appropriations of the Senate a de- scription of any appropriated funds, 
under this authority, carried over from the year in which such funds 
were ap- propriated.''.

SEC. 305. HIRING CRITICAL TECHNICAL EXPERTS.

  Section 6 of the National Institute of Standards and Technology Act 
is amended to read as follows:

``SEC. 6. HIRING CRITICAL TECHNICAL EXPERTS.

  ``(a) In General.--The officers and employees of the Institute, 
except the director, shall be appointed by the Secretary of Commerce at 
such time as their respective services may become necessary.
  ``(b) Hiring Critical Technical Experts.--Notwithstanding section 
3104 of title 5 or the provisions of any other law relating to the 
appointment, number, classification, or compensation of employees, the 
Secretary of Commerce shall have the authority to make appointments of 
scientific, engineering, and professional personnel, and to fix the 
basic pay of such personnel at a rate to be determined by the Secretary 
at rates not in excess of the highest total annual compensation payable 
at the rate determined under section 104 of title 3. The Director shall 
appoint not more than 15 personnel under this section.
  ``(c) Sunset.--The authority under section (b) shall expire on the 
date that is 5 years after the date of enactment of this section.''.

SEC. 306. INTERNATIONAL STANDARDS DEVELOPMENT.

  (a) International Standards Engagement.--
          (1) In general.--The Director shall lead information exchange 
        and coordination among Federal agencies and communication from 
        Federal agencies to the private sector of the United States to 
        ensure effective Federal engagement in the development and use 
        of international technical standards.
          (2) Requirements.--To support private sector-led engagement 
        and ensure effective Federal engagement in the development and 
        use of international technical standards, the Director shall 
        consider--
                  (A) the role and needs of the Federal Government with 
                respect to international technical standards;
                  (B) organizations developing international technical 
                standards of interest to the United States, United 
                States representation and influence in these 
                organizations, and key contributors for technical and 
                leadership expertise in these organizations;
                  (C) support for persons with domain subject matter 
                expertise, especially from small businesses located in 
                the United States, to influence and engage in technical 
                standards leadership positions, working groups and 
                meetings;
                  (D) opportunities for partnerships for supporting 
                international technical standards from across the 
                Federal Government, federally funded research and 
                development centers, university-affiliated research 
                centers, institutions of higher education, industry, 
                industry associations, nonprofit organizations, and 
                other key contributors;
                  (E) support for activities to encourage the adoption 
                of technical standards developed in the United States 
                to be adopted by international standards organizations; 
                and
                  (F) other activities determined by the Director to be 
                necessary to support United States participation in 
                international standards development, economic 
                competitiveness, and national security in the 
                development and use of international technical 
                standards.
  (b) Capacity Building Guidance.--The Director shall support education 
and workforce development efforts to promote United States 
participation in international standards organizations. The Director 
shall--
          (1) identify and create, as appropriate, technical standards 
        education and training resources for interested businesses, 
        industry associations, academia, nonprofits, Federal agencies, 
        and other relevant standards contributors, including activities 
        targeted at integrating standards content into undergraduate 
        and graduate curricula in science, engineering, business, 
        public policy, and law;
          (2) conduct outreach, including to private sector leaders, to 
        support engagement by more United States stakeholders in 
        international technical standards development; and
          (3) other activities deemed necessary by the Director to 
        support increased engagement, influence, and leadership of 
        United States organizations in the development of international 
        technical standards.
  (c) Capacity Building Pilot Program.--
          (1) In general.--The Director, in coordination with the 
        Director of the National Science Foundation, the Administrator 
        of the Small Business Administration and the heads of other 
        relevant Federal agencies, as appropriate, shall establish a 5-
        year pilot program to award grants, on a merit-reviewed, 
        competitive basis, to private sector entities or nonprofit 
        institutions based in the United States to support increased 
        participation by small business and academic interests in 
        international standards organizations.
          (2) Activities.--In carrying out the pilot programs 
        established in subsection (c), the Director shall award 
        competitive, merit-reviewed grants to covered entities to cover 
        the reasonable costs, up to a specified ceiling set by the 
        Director, of activities supporting increased engagement and 
        leadership of employees of small businesses and faculty of 
        institutions of higher education or other nonprofit research 
        institutions with subject matter and technical expertise 
        necessary to be conributers in international standards 
        organizations.
          (3) Award criteria.--The Director may only provide a grant 
        under this section to an eligible recipient that--
                  (A) demonstrates deep technical standards expertise;
                  (B) demonstrates knowledge with the processes of the 
                standards development organization in which the 
                recipient intends to engage using grant funds;
                  (C) proposes a feasible set of standard deliverables 
                to be completed over the period of the grant;
                  (D) explains how the recipient will fund the 
                standards work supported by the grant if the grant 
                funds are insufficient to cover all costs of the work; 
                and
                  (E) commits personnel with appropriate expertise to 
                engage in relevant international organizations 
                responsible for developing technical standards over the 
                period of the grant.
          (4) Eligibility.--A small business concern (as defined in 
        section 3 of the Small Business Act (15 U.S.C. 632) based in 
        the United States, an institution of higher education (as 
        defined by section 102 of the Higher Education Act of 1965 (20 
        U.S. C. 1002)), or a nonprofit institution as defined in 
        section 4(5) of the Stevenson-Wydler Act (15 U.S.C. 3703) shall 
        be eligible to receive grants under this program.
          (5) Prioritization.--The Director may prioritize grants 
        awarded under this section to eligible recipients proposals for 
        standards development that address clearly defined current or 
        anticipated market needs or gaps that would not be met without 
        the grant.
          (6) Application.--An eligible recipient seeking funding under 
        subsection (c) shall submit an application to the Director at 
        such time, in such manner, and containing such information as 
        the Director may require.
          (7) Merit review process.--Not later than 90 days after the 
        enactment of this Act, the Director shall establish a merit 
        review process, including the creation of merit review panels 
        made of experts from government and the private sector, to 
        evaluate the application under paragraph (6) to ensure 
        applications submitted are reviewed in a fair, competitive, 
        transparent, and in-depth manner.
          (8) Consultation.--In carrying out the pilot program 
        established under subsection (c), the Director shall consult 
        with other Federal agencies, private sector organizations, 
        institutions of higher education, and nonprofit organizations 
        to help inform the pilot program, including selection criteria, 
        applicant disclosure requirements, grant amount and duration, 
        and the merit review process.
          (9) Report to congress.--The Director shall brief Congress 
        after the second year of the pilot program and each year 
        following that includes the following:
                  (A) An assessment of the effectiveness of the pilot 
                program for improving the participation of United 
                States small businesses, United States institutions of 
                higher education, or other nonprofit research 
                institutions in international standards organizations, 
                including--
                          (i) the type of activities supported, 
                        including leadership roles;
                          (ii) the international standards 
                        organizations participated in; and
                          (iii) the technical areas covered by the 
                        activities.
                  (B) If deemed effective, a plan for permanent 
                implementation of the pilot program.
  (d) Reaffirming the Importance of Voluntary Consensus-based 
International Standards Bodies.--To the extent applicable, the 
Institute, when preparing standards, participating in voluntary 
consensus standard bodies, and engaging in a standards development 
process that is open to participation from Chinese firms and state-
owned enterprises of the People's Republic of China, the process should 
include the following attributes that are easily accessible, clear, and 
unambiguous:
          (1) Transparency.
          (2) Openness.
          (3) Impartiality and Consensus.
          (4) Effectiveness and Relevance.
          (5) Coherence.
          (6) Development Dimension.

SEC. 307. STANDARD TECHNICAL UPDATE.

  (a) National Institute of Standards and Technology Act Updates.--The 
National Institute of Standards and Technology Act (15 U.S.C. 271) is 
amended--
          (1) in section 15--
                  (A) in subsection (b), by striking the period at the 
                end and inserting a semicolon;
                  (B) in subsection (g), by striking ``and'' after the 
                semicolon; and
                  (C) by striking the period at the end and inserting 
                ``; and (i) the protection of Institute buildings and 
                other plant facilities, equipment, and property, and of 
                employees, associates, or visitors, located therein or 
                associated therewith, notwithstanding any other 
                provision of law, the direction of such of the officers 
                and employees of the Institute as the Secretary deems 
                necessary in the public interest hereafter to carry 
                firearms while in the conduct of their official duties, 
                and the authorization of employees of contractors and 
                subcontractors of the Institute who are engaged in the 
                protection of property owned by the United States, and 
                located at facilities owned by, leased, used or under 
                the control of the United States, to carry firearms 
                while in the conduct of their official duties, and, 
                under regulations prescribed by the Secretary and 
                approved by the Attorney General, the authorization of 
                officers and employees of the Institute and of its 
                contractors and subcontractors authorized to carry 
                firearms hereafter to arrest without warrant for any 
                offense against the United States committed in their 
                presence, or for any felony cognizable under the laws 
                of the United States if they have reasonable grounds to 
                believe that the person to be arrested has committed or 
                is committing such felony, provided that such authority 
                to make arrests may be exercised only while guarding 
                and protecting buildings and other plant facilities, 
                equipment, and property owned or leased by, used or 
                under the control of, the United States under the 
                administration and control of the Secretary.''; and
          (2) by amending section 17(a) to read as follows:
  ``(a) The Secretary is authorized, notwithstanding any other 
provision of law, to expend such sums, within the limit of appropriated 
funds, as the Secretary may deem desirable through direct support for 
activities of international organizations and foreign national 
metrology institutes with which the Institute cooperates to advance 
measurement methods, technical standards, and related basic 
technologies, for official representation, to host official receptions, 
dinners, and similar events, and to otherwise extend official 
courtesies, including transportation of foreign dignitaries and 
representatives of foreign national metrology institutes to and from 
the Institute, for the purpose of maintaining the standing and prestige 
of the Department of Commerce and the Institute, through the grant of 
fellowships or other appropriate form of financial or logistical 
assistance or support to foreign nationals not in service to the 
Government of the United States while they are performing scientific or 
engineering work at the Institute or participating in the exchange of 
scientific or technical information at the Institute.''.
  (b) Stevenson-Wydler Updates.--The Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701) is amended--
          (1) in section 17(c)(1)--
                  (A) by moving each of subparagraphs (D) and (E) two 
                ems to the left; and
                  (B) by adding at the end the following:
          ``(G) Community.''; and
          (2) in section 23(a)--
                  (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively; and
                  (B) by inserting before paragraph (2), as so 
                redesignated, the following:
          ``(1) accept, apply for, use, and spend Federal, State, and 
        nongovernmental acquisition and assistance funds to further the 
        purposes of this Act as well as share personnel, associates, 
        facilities, and property with these partner organizations, with 
        or without reimbursement, upon mutual agreement: Provided, That 
        the approving official may waive statutory and regulatory 
        administrative provisions so that a single agency may 
        administer a joint program, upon mutual agreement;''.
  (c) American Innovation and Competitiveness Act Update.--Section 113 
of the American Innovation and Competitiveness Act (15 U.S.C. 278e 
note) is repealed.
  (d) Clerical Amendment.--The item relating to section 113 in the 
table of contents in section 1(b) of the American Innovation and 
Competitiveness Act is repealed.
  (e) Federal Energy Management Improvement Act Update.--Section 4 of 
the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 5001) 
is amended--
          (1) by striking ``Secretary of Commerce'' and ``Secretary'' 
        each place either such term appears and inserting ``Consumer 
        Product Safety Commission'';
          (2) by redesignating the second subsection (c) as subsection 
        (e); and
          (3) in subsection (g), by redesignating clauses (i) and (ii) 
        as paragraphs (1) and (2), respectively.

SEC. 308. GAO STUDY OF NIST RESEARCH SECURITY POLICIES AND PROTOCOLS.

  (a) Evaluation.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall conduct a 
study of the Institute's policies and protocols to protect its research 
and combat undue foreign influence,
  (b) Matters to Be Included.--The study conducted under subsection (a) 
shall include, to the extent practicable, the following:
          (1) An analysis of steps taken by the Institute to address 
        foreign threats to Institute-funded research over the previous 
        5 years.
          (2) An analysis of the coordination and engagement between 
        the Department of Commerce's Office of Inspector General, the 
        Department of Commerce's Office of Intelligence and the 
        Institute in identifying and addressing concerning findings.
          (3) An assessment of the Institute's review process for 
        Foreign National associates.
          (4) An assessment of the Institute's policies as it relates 
        to employees and associates participating in foreign talent 
        recruitment programs.
          (5) An assessment of the Institute's implementation of 
        conflict-of-interest and disclosure policies and requirements, 
        including the disclosure requirements authorized in Section 223 
        of the National Defense Authorization Act for Fiscal Year 2021 
        (public Law 116-283).
          (6) An assessment of the Institute's, the Department of 
        Commerce's Office of Security, the Department of Commerce's 
        Office of Intelligence, and the Department of Commerce's Office 
        of Inspector General's ability to monitor and enforce conflict-
        of-interest and disclosure policies and requirements, including 
        the disclosure requirements authorized in Section 223 of the 
        National Defense Authorization Act for Fiscal Year 2021 (public 
        Law 116-283).
          (7) An assessment of the Institute's, the Department of 
        Commerce's, and the Department of Commerce's Office of 
        Inspector General's ability to conduct risk assessments of 
        research and development award applications and disclosures to 
        the Institute.
          (8) An assessment of the Institute's research security 
        training programs for both internal and externally-supported 
        researchers and associates, including training focused on 
        international collaboration, and international travel, foreign 
        interference, and rules for proper use of funds, disclosure, 
        conflict of commitment, and conflict of interest.
          (9) An analysis and summary of incidents of undue foreign 
        influence at Institute-supported research facilities and 
        programs over the past 10 years.
          (10) Recommendations for the Institute to bolster its 
        research security policies and protocols.
          (11) Other matters the Comptroller General determines 
        appropriate.
  (c) Congressional Briefing.--Not later than 180 days after the date 
of enactment of this Act, the Comptroller General shall brief the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee of Commerce, Science, and 
Transportation of the Senate on the findings available from the 
evaluation conducted under subsection (a).
  (d) Report.--Not later than 18 months after the date of enactment of 
this Act, the Comptroller General shall submit to the congressional 
committees specified in subsection (c) a report on the findings and 
recommendations of the evaluation conducted under subsection (a).

SEC. 309. PREMISE PLUMBING RESEARCH.

  (a) In General.--The Secretary, acting through the Director, shall 
create a program for premise plumbing research, including to--
          (1) conduct metrology research on premise plumbing in 
        relation to water safety, security, efficiency, sustainability, 
        and resilience; and
          (2) coordinate research activities with academia, the private 
        sector, nonprofits, and other Federal agencies.
  (b) Definitions.--For purposes of this section, the term ``premise 
plumbing'' means the water distribution system located within the 
property lines of a property, including all buildings and permanent 
structures on such property. Such term includes building supply and 
distribution pipes, fixtures, fittings, water heaters, water-treating 
and water-using equipment, and all respective joints, connections, 
devices, and appurtenances.

         TITLE IV--HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP

SECTION 401. ESTABLISHMENT OF EXPANSION AWARDS PILOT PROGRAM AS A PART 
                    OF THE HOLLINGS MANUFACTURING EXTENSION 
                    PARTNERSHIP.

  The National Institute of Standards and Technology Act (15 U.S.C. 271 
et seq.) is amended by inserting after section 25A (15 U.S.C. 278k-1) 
the following:

``SEC. 25B. EXPANSION AWARDS PILOT PROGRAM.

  ``(a) Definitions.--The terms used in this section have the meanings 
given the terms in section 25.
  ``(b) Establishment.--The Director shall establish as a part of the 
Hollings Manufacturing Extension Partnership a pilot program of 
expansion awards among participants described in subsection (c) of this 
section for the purposes described in subsection (e) of this section.
  ``(c) Participants.--Participants receiving awards under this section 
shall be Centers, or a consortium of Centers.
  ``(d) Award Amounts.--Subject to the availability of appropriations, 
an award for a recipient under this section shall be in an amount equal 
to the sum of the following:
          ``(1) Such amount as the Director considers appropriate as a 
        minimum base funding level for each award under this section.
          ``(2) Such additional amount as the Director considers in 
        proportion to the manufacturing density of the region of the 
        recipient.
          ``(3) Such supplemental amounts as the Director considers 
        appropriate.
  ``(e) Purpose of Awards.--An award under this section shall be made 
for one or more of the following purposes:
          ``(1) To provide coordinating services on employee 
        engagement, including employee ownership and workforce 
        training, including connecting manufacturers with career and 
        technical education entities, institutions of higher education 
        (including community colleges), workforce development boards, 
        labor organizations, and nonprofit job training providers to 
        develop and support training and job placement services, 
        including apprenticeship and online learning platforms, for new 
        and incumbent workers, programming to prevent job losses when 
        adopting new technologies and processes, and development of 
        employee ownership practices.
          ``(2) To provide services to improve the resiliency of 
        domestic supply chains and to mitigate vulnerabilities to 
        cyberattacks, including helping to offset the cost of 
        cybersecurity projects for small manufacturers.
          ``(3) To expand advanced technology services to United 
        States-based small- and medium-sized manufacturers, which may 
        include--
                  ``(A) developing advanced technology demonstration 
                laboratories for training and demonstration in areas of 
                supply chain and critical technology needs, including a 
                focus on the demonstration of technologies developed by 
                companies based in the United States;
                  ``(B) services for the adoption of advanced 
                technologies, including smart manufacturing 
                technologies and practices; and
                  ``(C) establishing partnerships, for the development, 
                demonstration, and deployment of advanced technologies, 
                between United States-based small- and medium-sized 
                manufacturers and--
                          ``(i) national laboratories (as defined in 
                        section 2 of the Energy Policy Act of 2005 (42 
                        U.S.C. 15801));
                          ``(ii) Federal laboratories;
                          ``(iii) Manufacturing USA institutes (as 
                        described in section 34(d)); and
                          ``(iv) institutions of higher education.
          ``(4) To build capabilities across the Hollings Manufacturing 
        Extension Partnership for domestic supply chain resiliency and 
        optimization, including--
                  ``(A) assessment of domestic manufacturing 
                capabilities, expanded capacity for researching and 
                deploying information on supply chain risk, hidden 
                costs of reliance on offshore suppliers, redesigning 
                products and processes to encourage reshoring, and 
                other relevant topics; and
                  ``(B) expanded services to provide industry-wide 
                support that assists United States manufacturers with 
                reshoring manufacturing to strengthen the resiliency of 
                domestic supply chains, including in critical 
                technology areas and foundational manufacturing 
                capabilities that are key to domestic manufacturing 
                competitiveness and resiliency, including forming, 
                casting, machining, joining, surface treatment, and 
                tooling.
  ``(f) Reimbursement.--The Director may reimburse Centers for costs 
incurred by the Centers under this section.
  ``(g) Applications.--Applications for awards under this section shall 
be submitted in such manner, at such time, and containing such 
information as the Director shall require in consultation with the 
Manufacturing Extension Partnership Advisory Board.
  ``(h) Selection.--
          ``(1) Reviewed and merit-based.--The Director shall ensure 
        that awards under this section are reviewed and merit-based.
          ``(2) Geographic diversity.--The Director shall endeavor to 
        have broad geographic diversity among selected proposals.
          ``(3) Criteria.--The Director shall select applications 
        consistent with the purposes identified pursuant to subsection 
        (e) to receive awards that the Director determines will achieve 
        one or more of the following:
                  ``(A) Improvement of the competitiveness of 
                industries in the region in which the Center or Centers 
                are located.
                  ``(B) Creation of jobs or training of newly hired 
                employees.
                  ``(C) Promotion of the transfer and commercialization 
                of research and technology from institutions of higher 
                education, national laboratories, or other federally 
                funded research programs, and nonprofit research 
                institutes.
                  ``(D) Recruitment of a diverse manufacturing 
                workforce, including through outreach to 
                underrepresented populations, including individuals 
                identified in section 33 or section 34 of the Science 
                and Engineering Equal Opportunities Act (42 U.S.C. 
                1885a, 1885b).
                  ``(E) Any other result the Director determines will 
                advance the objective set forth in sections 25(c) or 
                26.
  ``(i) Program Contribution.--Recipients of awards under this section 
shall not be required to provide a matching contribution.
  ``(j) Global Marketplace Projects.--In making an award under this 
section, the Director, in consultation with the Manufacturing Extension 
Partnership Advisory Board and the Secretary, may take into 
consideration whether an application has significant potential for 
enhancing the competitiveness of small and medium-sized United States 
manufacturers in the global marketplace.
  ``(k) Duration.--The Director shall ensure that the duration of an 
award under this section is aligned and consistent with a Center's 
cooperative agreement established in section 25(e).
  ``(l) Report.--After the completion of the pilot program under 
subsection (b) and not later than October 1, 2024, the Director shall 
submit to Congress a report that includes--
          ``(1) a summary description of what activities were funded 
        and the measurable outcomes of such activities;
          ``(2) a description of which types of activities under 
        paragraph (1) could be integrated into, and supported under, 
        the program under section 25;
          ``(3) a description of which types of activities under 
        paragraph (1) could be integrated into, and supported under, 
        the competitive awards program under section 25A; and
          ``(4) a recommendation, supported by a clear explanation, as 
        to whether the pilot program should be continued.''.

SEC. 402. UPDATE TO MANUFACTURING EXTENSION PARTNERSHIP.

  (a) Acceptance of Funds.--Section 25(l) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278k(l)) is amended to read as 
follows:
  ``(l) Acceptance of Funds.--
          ``(1) In general.--In addition to such sums as may be 
        appropriated to the Secretary and Director to operate the 
        Program, the Secretary and Director may also accept funds from 
        other Federal departments and agencies, as well as funds 
        provided by the private sector pursuant to section 2(c)(7) of 
        this Act (15 U.S.C. 272(c)(7)), to be available to the extent 
        provided by appropriations Acts, for the purpose of 
        strengthening United States manufacturing.
          ``(2) Competitive awards.--Funds accepted from other Federal 
        departments and agencies and from the private sector under 
        paragraph (1) shall be awarded competitively by the Secretary 
        and by the Director to Manufacturing Extension Partnership 
        Centers, provided that the Secretary and Director may make non-
        competitive awards, pursuant to this section or section 25A, or 
        as a non-competitive contract, as appropriate, if the Secretary 
        and the Director determine that--
                  ``(A) the manufacturing market or sector targeted is 
                limited geographically or in scope;
                  ``(B) the number of States (or territory, in the case 
                of Puerto Rico) with Manufacturing Extension 
                Partnership Centers serving manufacturers of such 
                market or sector is five or fewer; and
                  ``(C) such Manufacturing Extension Partnership Center 
                or Centers has received a positive evaluation in the 
                most recent evaluation conducted pursuant to subsection 
                (g).''.
  (b) Inclusion of Certain Schools.--Section 25 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k) is amended--
          (1) in subsection (c)--
                  (A) in paragraph (6), by striking ``community 
                colleges and area career and technical education 
                schools'' and inserting ``secondary schools (as defined 
                in section 8101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801)), community 
                colleges, and area career and technical education 
                schools, including those in underserved and rural 
                communities,''; and
                  (B) in paragraph (7)--
                          (i) by striking ``and local colleges'' and 
                        inserting ``local high schools and local 
                        colleges, including those in underserved and 
                        rural communities,''; and
                          (ii) by inserting ``or other applied learning 
                        opportunities'' after ``apprenticeships''; and
          (2) in subsection (d)(3), by striking ``, community colleges, 
        and area career and technical education schools,'' and 
        inserting ``and local high schools, community colleges, and 
        area career and technical education schools, including those in 
        underserved and rural communities,''.
  (c) Supporting American Manufacturing.--Section 25 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k) is amended--
          (1) in subsection (a)(5)--
                  (A) by striking ``or consortium thereof,''; and
                  (B) by inserting ``or a consortium thereof'' before 
                the period at the end of the sentence;
          (2) in subsection (c)(4), by inserting ``United States-
        based'' before ``industrial'';
          (3) in subsection (d)--
                  (A) in paragraph (1), by inserting ``at United 
                States-based industrial facilities, including small and 
                medium manufacturing companies'' before ``based'';
                  (B) in paragraph (2), by inserting ``United States-
                based'' before ``companies''; and
                  (C) in paragraph (3), by inserting ``United States-
                based'' before ``small'';
          (4) in subsection (f)(5)(B)(i), by inserting ``in the United 
        States'' before the semicolon at the end of the clause; and
          (5) in subsection (n)(1)(A), by inserting ``United States-
        based'' before ``small''.
  (d) Amending the MEP Competitive Awards Program.--Section 25A(c)(2) 
of the National Institute of Standards and Technology Act (15 U.S.C. 
278k-1(c)(2)) is amended by inserting ``United States'' before 
``manufacturers''.

SEC. 403. NATIONAL SUPPLY CHAIN DATABASE.

  (a) Establishment of National Supply Chain Database.--The Director of 
the National Institute of Standards and Technology (referred to in this 
section as ``NIST'') shall establish and maintain a National Supply 
Chain Database.
  (b) Purpose.--The purpose of the National Supply Chain Database shall 
be to assist the Federal government and industry sectors in minimizing 
disruptions to the United States supply chain by having an assessment 
of United States manufacturers' capabilities.
  (c) Study on National Supply Chain Database.--In establishing the 
National Supply Chain Database, the Director of NIST shall consider the 
findings and recommendations from the study authorized in section 9413 
of the National Defense Authorization Act for Fiscal Year 2021 (Public 
Law 116-283), including measures to secure and protect the National 
Supply Chain Database from adversarial attacks and vulnerabilities.
  (d) Database and Manufacturing Extension Partnership.--
          (1) In general.--The National Supply Chain Database shall be 
        carried out and managed through the Hollings Manufacturing 
        Extension Partnership program and the Director of NIST shall 
        ensure that the Hollings Manufacturing Extension Partnership 
        Centers are connected to the National Supply Chain Database.
          (2) Capabilities.--The National Supply Chain Database shall 
        be capable of providing a national view of the supply chain and 
        enable authorized database users to determine in near real-time 
        the United States manufacturing capabilities for critical 
        products, including defense supplies, food, and medical 
        devices, including personal protective equipment.
          (3) Individual state databases.--Each State's supply chain 
        database maintained by the NIST-recognized Manufacturing 
        Extension Partnership Center within the State shall be 
        complementary in design to the National Supply Chain Database.
  (e) Maintenance of National Supply Chain Database.--The Director of 
NIST, acting through the Hollings Manufacturing Extension Partnership 
program, shall maintain the National Supply Chain Database as an 
integration of the State level databases from each State's 
Manufacturing Extension Partnership Center and may be populated with 
information from past, current, or potential Center clients.
  (f) Exempt From Public Disclosure.--The National Supply Chain 
Database and any information related to it not publicly released by 
NIST shall be exempt from public disclosure under section 552 of title 
5, United States Code, and access to non-public content shall be 
limited to the contributing company and Manufacturing Extension 
Partnership Center staff who sign an appropriate non-disclosure 
agreement.
  (g) Authorization of Appropriations.--Of the funds authorized to the 
Hollings Manufacturing Extension Partnership Program, $10,000,000 for 
each of the fiscal years 2022 through 2026 are authorized to carry out 
this Act.

                        II. Purpose of the Bill

    The purpose of the bill is to authorize funding for the 
National Institute of Standards and Technology (NIST) for 
fiscal years (FY) 2022, 2023, 2024, 2025 and 2026, to provide 
policy and programmatic direction related to science and 
engineering research supported by NIST, make technical changes 
to the agency's authorities, support NIST research 
infrastructure, and provide guidance on funding trajectories 
for the agency and its funding accounts.

              III. Background and Need for the Legislation

    NIST, originally named the National Bureau of Standards, 
was established by Congress in the National Bureau of Standards 
Organic Act of 1901 (Public Law 56-177). NIST supports U.S. 
competitiveness by advancing measurement science, standards, 
and technology. NIST is housed within the Department of 
Commerce. NIST laboratories address complex measurement 
challenges, from physical applications, such as resilient 
infrastructure, to information technology applications, such as 
artificial intelligence and cybersecurity. NIST runs user 
facilities that annually help more than 3,000 scientists from 
academia and industry advance the state of the art in 
nanotechnology, bioscience, advanced materials, and other 
emerging technology areas.
    NIST hosts two extramural programs: The Manufacturing USA 
Network and the Hollings Manufacturing Extension Partnership 
(MEP). Manufacturing USA is a network of manufacturing 
innovation institutes coordinated through NIST. These 
institutes serve as partnerships between companies, academia, 
and entrepreneurs to develop and deploy manufacturing 
technologies. The MEP program is a Federal-State-industry 
partnership made up of centers in all 50 states and Puerto 
Rico. These centers work with local manufacturing communities 
to strengthen the U.S. domestic manufacturing base. Together, 
these programs help U.S. industry develop and implement new 
technology, develop robust supply chains, and refine their 
systems for efficiency and effectiveness, all while making them 
more competitive in the global economy.
    The last comprehensive reauthorization of NIST was included 
in the COMPETES Act of 2010 (Public Law 111-358). Since that 
time, some individual programs have been addressed through 
other bills, including the American Innovation and 
Competitiveness Act (Public Law 114-329) and the Advancing 
Manufacturing Leadership Act (Public Law 116-92), and national 
initiatives focused on specific research or technology areas, 
including the National Quantum Initiative Act (Public Law 115-
368) and the National Artificial Intelligence Initiative Act 
(Public Law 116-283).
    Although there has been a large growth in NIST's 
responsibilities, overall funding for the agency has only grown 
modestly in the decade since the 2010 COMPETES Act. Many of 
NIST's facilities date to the 1960s, and due to lack of 
sufficient investment by Congress in NIST's infrastructure, 
roughly 60 percent of NIST's facilities are in poor to critical 
condition and the agency has over $800 million in deferred 
maintenance projects. In the last decade, the global landscape 
of competition in science and technology has changed, with U.S. 
leadership no longer a given. There is a renewed focus among 
policymakers about reinvesting in the U.S. research enterprise 
to boost competitiveness. Providing increased support for 
NIST's core mission to advance U.S. competitiveness through 
measurement and technology research and providing the resources 
to modernize their facilities will be an important component in 
maintaining a global lead in advanced technologies.

                         IV. Committee Hearings

    Pursuant to House rule XIII, clause 3(c)(6), the Committee 
designates the following hearings as having been used to 
develop or consider the legislation:
    On March 11, 2020, the Subcommittee on Research and 
Technology held a hearing entitled, ``Reauthorization of the 
National Institute of Standards and Technology.'' The purpose 
of the hearing was to explore the major areas of research under 
the National Institute of Standards and Technology laboratory 
programs, the agency's role in working with industry to advance 
U.S. competitiveness, and key facilities construction and 
maintenance issues on the NIST campuses in Maryland and 
Colorado. The Honorable Walter G. Copan, Undersecretary of 
Commerce for Standards and Technology and Director, National 
Institute of Standards and Technology, testified before the 
Subcommittee.
    On April 15, 2021, the Science, Space, and Technology 
Committee held a hearing entitled, ``Reimagining Our Innovation 
Future.'' The purpose of the hearing was to examine the current 
outlook for U.S. leadership in science and technology and 
discuss how new investments and new, inclusive models of 
partnership in science and technology can be leveraged to 
ensure continued leadership and address economic, security, 
environmental, public health, and other societal challenges 
from the local to the global level. The hearing witnesses 
included Mr. Norm Augustine; Dr. Frances H. Arnold, Linus 
Pauling Professor of Chemical Engineering, Bioengineering and 
Biochemistry at the California Institute of Technology; The 
Honorable Ernest J. Moniz, President and Chief Executive 
Officer of the Energy Futures Initiative and Former Secretary 
of the U.S. Department of Energy; and Dr. Farnam Jahanian, 
President of Carnegie Mellon University.
    On May 25, 2021, the Investigations and Oversight 
Subcommittee held a joint hearing with the Research and 
Technology Subcommittee entitled, ``SolarWinds and Beyond: 
Improving the Cybersecurity of Software Supply Chains.'' The 
purpose of the hearing was to examine the causes and impacts of 
recent supply chain attacks on Federal Agencies, explore how 
Federal Agencies currently mitigate their software supply chain 
risks, and consider how best to improve software supply chain 
security. Hearing witnesses included Mr. Matthew Scholl, Chief, 
Computer Security Division of the Information Technology 
Laboratory, NIST; Dr. Trey Herr, Director, Cyber Statecraft 
Initiative, Atlantic Council; Ms. Katie Moussouris, Founder and 
CEO, Luta Security; Mr. Vijay D'Souza, Director, Information 
Technology and Cybersecurity, Government Accountability Office.
    On June 9, 2021 the Research and Technology Subcommittee 
held a hearing entitled, ``Building Regional Innovation 
Economies.'' The purpose of this hearing was to explore the 
role of the Department of Commerce, including NIST's extramural 
manufacturing programs, in supporting the development of 
regional innovation economies, and the opportunities for and 
challenges to expanding this role, including in partnership 
with Federal science agencies. Hearing witnesses include Mr. 
Dan Berglund, President and CEO, SSTI; Professor Erica R.H. 
Fuchs, Department of Engineering and Public Policy, Carnegie 
Mellon University; Ms. Paula Nas, Director, Office of Economic 
Development, University of Michigan-Flint; Hon. Elizabeth Hutt 
Pollard, Secretary of Science and Innovation, State of 
Oklahoma.
    On July 20, 2021 the full Committee held a hearing 
entitled, ``Spectrum Needs for Observational Earth and Space 
Science.'' The purpose of this hearing was to review the 
spectrum needs of relevant science applications within the 
Committee's purview and consider threats of harmful 
interference in radio frequency bands used for observations 
that support weather forecasting and monitoring, climate 
science, and astronomy. The hearing examined research and 
development efforts to examine spectral interference, including 
work at NIST. Hearing witnesses included Mr. Andrew Von Ah, 
Director, Physical Infrastructure, Government Accountability 
Office; Mr. David G. Lubar, Senior Project Leader-Civil 
Spectrum Management, Civil Systems Group, The Aerospace 
Corporation; Dr. Jordan Gerth, Honorary Fellow, Space Science 
and Engineering Center, University of Wisconsin-Madison; Mr. 
Bill Mahoney, NCAR Associate Director and Director and Director 
of the Research Applications Laboratory (RAL) at the National 
Center for Atmospheric Research (NCAR); Ms. Jennifer Manner, 
Senior Vice President of Regulatory Affairs, EchoStar 
Corporation/Hughes Network Systems LLC.

                  V. Committee Consideration and Votes

    On July 21, 2021, Chairwoman Haley Stevens, and Ranking 
Member Michael Waltz, Chairwoman Eddie Bernice Johnson, Ranking 
Member Frank Lucas, introduced H.R. 4609, the National 
Institute of Standards and Technology for the Future Act of 
2021. The bill was referred to the House Committee on Science, 
Space, and Technology.
    On July 27, 2021, the Full Committee on Science, Space, and 
Technology met to consider the bill. Ms. Stevens offered an 
amendment to make technical changes to the bill and added 
provisions in response to stakeholder feedback and Committee 
Member priorities, including updating NIST's hiring 
authorities, establishing an Expansion Awards Pilot Program in 
the Manufacturing Extension Partnership, and updating the 
authorization levels for NIST's Construction and Industrial 
Technology Services accounts. The amendment was agreed to on a 
voice vote. Mr. Crist offered an amendment to authorize $22 
million for NIST to investigate the Surfside building collapse, 
provide recommendations to address shortcomings, and inform 
future building codes. The amendment was agreed to on a voice 
vote. Mr. Casten offered an amendment to make technical and 
clarifying changes to the greenhouse gas measurement section of 
the bill. The amendment was agreed to on a voice vote. Ms. Ross 
offered an amendment requiring the Director to develop security 
practices to enable software developers and operators to assess 
cyber risks over the full lifecycle of software products. The 
amendment was agreed to on a voice vote. Mr. McNerney offered 
an amendment to establish testbeds to examine the security, 
safety, and reliability of AI systems. The amendment was agreed 
to on a voice vote. Chairwoman Johnson offered an amendment to 
establish the structure and processes for the organization at 
NIST that helps to develop and advance forensic science 
standards. The amendment was agreed to on a voice vote. Ms. 
Fletcher offered an amendment to authorize NIST to carry out 
activities in support of sustainable chemistry. The amendment 
was agreed to on a voice vote. Mr. Perlmutter offered an 
amendment to allow NIST to use construction funds at its joint 
institute campuses. The amendment was agreed to on a voice 
vote. Mr. Lamb offered an amendment to authorize NIST to do 
outreach to community colleges and clarify language to ensure 
the Institute serves minority-serving institutions. The 
amendment was agreed to on a voice vote. Ms. Kim offered an 
amendment to authorize NIST to develop educational outreach 
collaborations with nontraditional education organizations. The 
amendment was agreed to on a voice vote. Mr. Posey offered an 
amendment to reaffirm the importance of open and transparent 
principles in international standards bodies in which NIST 
participates. The amendment was agreed to on a voice vote. Mr. 
Babin offered an amendment to direct GAO to conduct an audit of 
NIST's research security measures to combat foreign influence. 
The amendment was agreed to on a voice vote. Mr. Babin offered 
a second amendment to clarify that MEP Centers are specifically 
focused on supporting American manufacturing. The amendment was 
agreed to on a voice vote. Mr. Tonko offered an amendment to 
create a premise plumbing research program at NIST. The 
amendment was agreed to on a voice vote. Mr. Meijer offered an 
amendment to establish a National Supply Chain Database within 
NIST. The amendment was agreed to on a voice vote.

              VI. Summary of Major Provisions of the Bill

    Authorizes appropriations for NIST of $1,409,070,000 for FY 
2022, $1,518,800,000 for FY 2023, $1,595,800,000 for FY 2024, 
$1,677,900,000 for FY 2025, and $1,765,400,000 for FY 2026.
    Provides policy and programmatic direction for the 
Institute's measurement research programs, supporting 
activities and partnerships across a range of topics, including 
engineering biology, greenhouse gas measurement, cybersecurity, 
privacy, digital identity management, biometrics, advanced 
communications, quantum information science, artificial 
intelligence, sustainable chemistry, premise plumbing, and 
forensic science. Provides direction to NIST regarding 
additional activities and facilities for cybersecurity, 
advanced communications, and neutron science.
    Establishes a facilities modernization fund to support 
modernization and renovation of research facilities at the 
Institute. Updates NIST's authorities for education and 
outreach, cooperative research and development agreements, 
collaboration with other agencies, and hiring. Reaffirms NIST's 
role in standards development, including its leadership role in 
interagency coordination and its partnership with industry. 
Establishes a pilot program for expansion awards and a national 
supply chain database at the Hollings Manufacturing Extension 
Partnership (MEP).

        VII. Section-by-Section Analysis (by Title and Section)


Sec. 1. Short Title; Table of Contents

Sec. 2. Definitions

            Title 1 (Sec. 101). Authorization of Appropriation
            Title 2. Measurement Research
        Sec. 201. Engineering Biology and Biometrology.--
        Authorizes and expands NIST's engineering biology, 
        biomanufacturing, and biometrology research and 
        development of tools and methodologies to measure the 
        molecular components of the cell and engineered 
        systems.
    Sec. 202. Greenhouse Gas Measurement Research.--Authorizes 
and expands NIST's GHG measurement program, including support 
for testbeds and a center of excellence.
    Sec. 203. NIST Authorities for Cybersecurity and Privacy 
Activities.--Updates cybersecurity and privacy program 
authorities in the NIST Act, including with specific direction 
on software and cloud security and privacy enhancing 
technologies.
    Sec. 204. Software Security and Authentication.--Directs 
NIST to create guidance on the security of the full lifecycle 
of software and open source software repositories, establishes 
a program for AI-enabled defense research, and requires NIST to 
digitally authenticate all software tools developed by the 
agency.
    Sec. 205. Digital Identity Management Research.--Authorizes 
NIST's digital identity research and requires NIST to develop 
voluntary guidance for digital identity management.
    Sec. 206. Biometrics Research and Testing.--Expands NIST's 
biometrics identification research and testing program for 
evaluating the accuracy and bias of biometric technologies.
    Sec. 207. Biometrics Performance Standards.--Directs NIST 
to develop performance standards and guidelines for high-risk 
Federal biometric identification systems.
    Sec. 208. Protecting Research from Cyber Theft.--Requires 
NIST to consider the needs of institutions of higher education 
when creating cybersecurity guidance.
    Sec. 209. Dissemination of Resources for Research 
Institutions.--Requires NIST to offer resources and technical 
assistance to research intensive universities to help them 
mitigate their cyber risks.
    Sec. 210. Advanced Communications Research Activities.--
Authorizes NIST's advanced communications research and test 
beds, including the existing National Advanced Spectrum 
Communications Test Network (NASCTN) spectrum test network.
    Sec. 211. Neutron Scattering.--Requires NIST to develop a 
strategic plan for the future of the NIST Center for Neutron 
Research, in coordination with DOE.
    Sec. 212. Quantum Information Science.--Amends the National 
Quantum Initiative Act to expand NIST work with post-quantum 
encryption and quantum communications.
    Sec. 213. Artificial Intelligence.--Provides support for 
NIST's role in the development of safe and trustworthy 
artificial intelligence and data science, including 
establishing test beds.
    Sec. 214. Facilitating Development and Distribution of 
Forensic Science Standards.--Establishes an organization at 
NIST to facilitate the development of forensic science 
standards.
    Sec. 215. Sustainable Chemistry Research and Education.--
Requires NIST to conduct activities in support of sustainable 
chemistry.
            Title 3. General Activities
    Sec. 301. NIST Facilities and Construction.--Establishes a 
NIST facilities modernization fund to help the agency address 
its construction and maintenance backlog over time. Also allows 
the Director to operate facilities across the United States, as 
needed.
    Sec. 302. Educational Outreach and Support for 
Underrepresented Communities.--Expands NIST's educational 
activities and outreach focused on underrepresented 
communities.
    Sec. 303. Other Transactions Authority.--Gives NIST more 
flexibility to partner with the private sector on research and 
development.
    Sec. 304. Collaborations with Government Agencies.--
Technical fix to address the availability of funds when NIST 
does work for or in partnership with other agencies.
    Sec. 305. Hiring Critical Technical Experts.--Gives NIST 
the authority to directly hire 15 employees to enable the 
agency to better compete with the private sector for talent in 
critical technology areas.
    Sec. 306. International Standards Development.--Codifies 
NIST's role as a convener and federal coordinator in 
international standard setting; expands NIST's support for 
standards capacity building, including through a pilot program 
for grants to small businesses, nonprofits, and universities to 
participate in international standards setting; and reaffirms 
the importance of voluntary, consensus-driven policies in 
international standards setting.
    Sec. 307. Standard Technical Update.--Provides several 
technical and administrative updates to the NIST Act.
    Sec. 308. GAO Study of NIST Research Security Policies and 
Protocols.--Directs GAO to review the security practices of the 
Institute to guard against foreign interference.
    Sec. 309. Premise Plumbing Research.--Authorizes a research 
program to facilitate the development of metrology for premise 
plumbing.
            Title 4. Hollings Manufacturing Extension Partnership
    Sec. 401. Establishment of Expansion Awards Pilot 
Program.--Establishes a pilot program of expansion awards for 
MEP centers to provide services for workforce development, 
resiliency of domestic supply chains, and more.
    Sec. 402. Update to Manufacturing Extension Partnership.--
Updates MEP to require increased outreach to underserved 
communities, allows NIST to accept funding from other Federal 
departments and agencies for competitive MEP grants, and 
ensures the MEP Centers are specifically focused on supporting 
American manufacturing.
    Sec. 403. National Supply Chain Database.--Establishes a 
national supply chain database at MEP to track disruptions in 
U.S. supply chains.

                         VIII. Committee Views

    Manufacturing USA Institutes--The Committee encourages NIST 
to use the funds authorized in this Act to competitively award 
two new Manufacturing USA Institutes under Section 34 of the 
National Institute of Standards and Technology Act (as amended 
in Public Law 113 235).
    Greenhouse Gas Measurement Research--NIST's greenhouse gas 
measurement program and test beds have played a critical role 
in developing the tools and standards necessary to measure and 
attribute greenhouse gas emissions. The Committee also believes 
that NOAA, NASA, EPA, and other Federal agencies play a key 
role in climate measurement and NIST should continue to 
coordinate its own activities with other agencies, as 
appropriate.
    Cybersecurity and Privacy Activities--The Committee 
supports NIST's important cybersecurity and privacy activities 
to strengthen the security of the digital environment. NIST is 
highly respected for its role in incorporating input from its 
private and public sector partners to develop effective 
cybersecurity and privacy standards. Due to new executive 
orders, administrative updates, and laws, NIST's Information 
Technology Laboratory is increasingly asked to do more work in 
a short time span with inadequate resources. The Committee 
supports the use of funding authorized in this legislation to 
increase by 50 percent the amounts allocated to the NIST's 
cybersecurity and privacy activities in Fiscal Year 2022, with 
appropriate increases thereafter.
    The Committee notes many public and private sector 
organizations have struggled to implement NIST cybersecurity 
guidance. For example, in December 2020, the Government 
Accountability Office (GAO) published a report entitled, 
Federal Agencies Need to Take Urgent Action to Manage Supply 
Chain Risks, which found that none of the agencies surveyed had 
implemented NIST guidance to protect the cybersecurity of their 
supply chains. The Committee believes that DHS CISA, NIST, and 
sector risk management agencies have an important role to play 
in encouraging Federal cybersecurity, and all agencies should 
continue to work together to address these challenges. The 
Committee intends for NIST to expand outreach and coordination 
efforts to promote the adoption and effective use of 
cybersecurity tools and guidance by other Federal agencies and 
the private sector. The Committee also encourages NIST to 
provide support for the development of easy-to-use software 
tools, well-defined reference implementations, and automated 
security controls in common developer tools and software to 
facilitate adoption of NIST guidance. Further, the Committee 
encourages NIST to support efforts by third-party organizations 
to certify the security of common technologies and processes, 
such as cloud computing and the internet of things.
    Open Source Software--The Committee encourages NIST, when 
it is assessing the vulnerabilities in open source software, to 
focus on categories of open source software that have the 
greatest impact on security or privacy, including frequently 
used, frequently downloaded, or widely disseminated software. 
The Committee also encourages NIST to work with appropriate 
Federal and industry stakeholders to develop automated security 
scanning for open source software repositories.
    Biometrics Performance Standards--The Committee believes 
performance standards for biometric applications will differ 
significantly based on how the technology is being used, the 
type of biometric system, and relevant operational conditions. 
For example, facial recognition systems used for one-to-one 
matches with government identification in an airport will 
require different performance standards than those used for 
stadium security during an event. The Committee encourages NIST 
to focus on high-risk systems when developing Federal 
performance standards for biometric applications. The Committee 
also encourages NIST to use existing technical standards, as 
appropriate, to develop these standards.
    U.S. Leadership in Biometrics Development--The Committee 
understands that key elements of biometrics technologies are 
enabled by algorithms derived from artificial intelligence and 
machine learning (AI-ML). We are concerned that U.S. 
adversaries have led in recent years as algorithm development 
has shifted from mathematical computation and researcher-driven 
models to AI-ML supported development models. A lack of U.S. 
leadership in modeling responsible biometrics use could cede 
ground to our adversaries and enable them to establish a 
standard of practice abroad that undermines human rights. It 
may also enable them to outperform the United States in future 
technology innovation.
    Advanced Communications Research Activities--NIST conducts 
fundamental and applied research related to advanced 
communications technologies and applications to provide public 
and private sector stakeholders with high-quality trusted 
measurements and data, as well as access to testing and 
calibration facilities. NIST has conducted communications 
research for over 100 years. In 1978, the National 
Telecommunications and Information Administration was founded, 
also within the Department of Commerce. NTIA's goals include 
conducting research related to spectrum and encouraging the 
development and implementation of new and emerging 
telecommunications technologies. As such, there are areas in 
which the missions of the two agencies overlap, leading at 
times to confusion. Nevertheless, the Committee believes the 
two agencies have complementary but largely distinct roles and 
encourages the Department of Commerce to better clarify each 
agency's respective role with regard to advanced communications 
technologies. The Committee believes continued coordination and 
cooperation between these two Department of Commerce agencies 
to be critical to advancing U.S. competitiveness.
    As part of NIST's advanced communications research 
activities, the Committee also encourages NIST to encourage 
technology transfer and commercialization activities, including 
patenting and licensing technologies in such areas.
    National Advanced Spectrum and Communications Test 
Network--To continue to benefit from advances in communications 
technology in a way that balances demand for commercial 
broadband uses with the needs of national security and public 
safety, the United States must develop new capabilities to more 
efficiently and effectively share and utilize existing 
electromagnetic spectrum resources. The mission of NASCTN is to 
provide, through its members' expertise and capabilities, 
robust test processes and validated measurement data necessary 
to develop, evaluate, and deploy spectrum sharing technologies 
that can improve access to the spectrum by both Federal 
agencies and non-Federal spectrum users. It is the Committee's 
intent that NASCTN shall continue to operate as a cooperative 
network of its members.
    Neutron Scattering--The Committee does not intend this 
legislation to preclude NIST from applying to the NRC to renew 
the license of the existing neutron reactor or to influence 
NRC's decision-making process. Extending the license may be 
necessary to minimize disruptions with the user community 
during the transition to a new reactor, but the Committee feels 
it is critical NIST begin planning for the future of the 
facility and coordinating with the Department of Energy on what 
Federal facilities will be needed in the future to support 
neutron science.
    International Standards Development--The Committee notes 
that, in accordance with the American Innovation and 
Competitiveness Act (Public Law 114-329), the NIST Director 
serves as the President's principal advisor on standards policy 
pertaining to the Nation's technological competitiveness and 
innovation ability. This role includes leading information 
exchange and coordination across Federal agencies on standards, 
including international standards, and fostering cooperation 
between government, industry, and other private organizations 
involved in standards activities, a role previously codified in 
the National Technology Transfer and Advancement Act of 1995 
(Public Law 104-113). The existing standards development 
system, involving many different types of standards development 
organizations producing primarily voluntary, consensus-based 
and industry-led technical standards, with appropriate support 
from the standards experts at NIST, is beneficial to U.S. 
competitiveness. Any effort to disrupt the current system or 
roles would be harmful. The Committee's intent is to reinforce 
and better resource the current system, not to disrupt or 
modify existing processes or roles.
    The standards produced by these international standards 
development organizations are critical to making cutting-edge 
technological innovations broadly available to billions of 
consumers and provide a foundation for international trade and 
new bases for further innovation. Given the central role of 
technology standards in promoting innovation and enabling 
United States technology leadership, the Committee believes it 
is in the United States' interest to ensure that these 
organizations operate in a manner that is transparent, open, 
impartial and consensus-based, effective, relevant, and 
coherent. The development of international technical standards 
should be based on their technical merit and market relevance.
    Without these principles, organizations developing 
international technical standards may adopt standards based on 
the parochial interests or biases of particular members, or the 
industrial policy goals of the countries they represent, to the 
potential detriment of other participants and to voluntary 
standardization itself. If left unchecked, such a trend could 
lead to the Balkanization of technology standards, where home-
grown standards come to dominate markets. This would undermine 
the development of globally relevant standards and make it 
harder or impossible for United States companies to compete in 
global markets. The Committee encourages NIST to complete the 
study authorized in Sec. 9414 of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021 (P.L. 116-283) on Chinese policies and influence in the 
development of international standards for emerging 
technologies and provide an update to the Committee on when it 
will be completed.
    The Committee believes that to boost U.S. competitiveness 
in advanced technologies, more U.S. stakeholders with 
appropriate expertise should be at the table helping to set 
technical standards. To that end, the Committee encourages NIST 
to expand capacity building activities that encourage U.S. 
organizations to provide continuous support for technical 
expert participation and leadership activities in standards 
organizations, not just temporary or one-time support. To this 
end, the Committee encourages NIST to help facilitate the 
development of consortia consisting of small businesses, 
associations, academia, and research organizations, as 
appropriate, in emerging technology areas.
    The Committee also believes financial support for 
participants from universities, nonprofits, and small 
businesses would be beneficial to facilitating increased U.S. 
participation in international standards. The Committee 
recognizes that there is a risk to NIST that some may perceive 
the authorized pilot program as NIST ``picking winners and 
losers'' for participation in international standards 
development. The Committee authorized this as a pilot program 
with merit-review and extensive consultation requirements to 
mitigate that risk and so that the agency, stakeholders, and 
the Committee can iterate and monitor progress and 
effectiveness closely.

                           IX. Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

              X. Congressional Budget Office Cost Estimate

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The bill would
           Authorize the appropriation of specific 
        amounts for each year from 2022 through 2026 for 
        programs implemented by the National Institute of 
        Standards and Technology (NIST)
    Estimated budgetary effects would mainly stem from
           Spending of the authorized amounts by NIST
           Spending of interest accrued in the NIST 
        Facilities Modernization Fund without further 
        appropriation
    Bill Summary: H.R. 4609 would reauthorize the National 
Institute of Standards and Technology (NIST) and would 
authorize the appropriation of specific amounts in each year 
from 2022 through 2026. The bill also would codify NIST's 
research programs in engineering biology, greenhouse gas 
emissions, and artificial intelligence, among others, and 
establish the Facilities Modernization Fund.
    Estimated Federal Cost: The estimated budgetary effect of 
H.R. 4609 is shown in Table 1. The costs of the legislation 
fall within budget function 370 (commerce and housing credit).

                               TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 4609
----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, millions of dollars--
                                                         -------------------------------------------------------
                                                            2022     2023     2024     2025     2026   2022-2026
----------------------------------------------------------------------------------------------------------------
National Institute of Standards and Technology
    Authorizationa......................................      395    1,519    1,596    1,678    1,765     6,953
    Estimated Outlays...................................      161    1,014    1,405    1,562    1,699     5,841
----------------------------------------------------------------------------------------------------------------
Enacting the bill would increase direct spending by less than $500,000 in every year and over the 2022-2031
  period.
a In 2021, the Congress provided a total of $1.0 billion for National Institute of Standards and Technology.
  Because CBO estimates budgetary effects on an annualized basis, in 2022 CBO assumes that the same amount will
  be available for those programs under the current continuing resolution (Public Law 117-70). The amount shown
  in 2022 reflects the difference between the authorized amount and the amount annualized under the continuing
  resolution.

    Basis of Estimate: For this estimate, CBO assumes that the 
bill will be enacted in fiscal year 2022, that the estimated 
amounts will be appropriated each year, and that spending will 
follow historical patterns.
    Spending Subject to Appropriation: H.R. 4609 would 
authorize the appropriation of specific amounts each year, 
totaling $8.0 billion for NIST over the 2022-2026 period. In 
2021, the Congress provided a total of $1.0 billion for the 
programs that would be authorized by the bill. Because CBO 
estimates budgetary effects on an annualized basis, in 2022 CBO 
assumes that the same amount will be available for those 
programs under the current continuing resolution (Public Law 
117-70). Thus, our estimate for fiscal year 2022 reflects the 
difference between the authorized amounts and the amount 
annualized under the continuing resolution for each program. On 
that basis, CBO estimates that implementing the bill would cost 
$5.8 billion over the 2022-2026 period (see Table 2) and about 
$1.1 billion after 2026.

               TABLE 2.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4609
----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, millions of dollars--
                                                         -------------------------------------------------------
                                                            2022     2023     2024     2025     2026   2022-2026
----------------------------------------------------------------------------------------------------------------
Scientific and Technical Research and Servicesa
    Authorization.......................................      128      979    1,048    1,121    1,199     4,475
    Estimated Outlays...................................       98      781    1,015    1,103    1,180     4,177
Construction of Research Facilitiesa
    Authorization.......................................       80      200      200      200      200       880
    Estimated Outlays...................................       10       35       65      110      161       381
Industrial Technology Servicesa
    Authorization.......................................      165      340      348      357      366     1,576
    Estimated Outlays...................................      449      189      316      349      358     1,261
Surfside Investigation
    Authorization.......................................      422       40       40       40       40        22
    Estimated Outlays...................................       44       49       49       40       40        22
Total Changes
    Authorization.......................................      395    1,519    1,596    1,678    1,765     6,953
    Estimated Outlays...................................      161    1,014    1,405    1,562    1,699     5,841
----------------------------------------------------------------------------------------------------------------
a In 2021, the Congress provided a total of $1.0 billion for these programs. Because CBO estimates budgetary
  effects on an annualized basis, in 2022 CBO assumes that the same amount will be available under the current
  continuing resolution (Public Law 117-70). The amounts shown in 2022 reflect the difference between the
  authorized amount and the amount annualized under the continuing resolution for each program.

    Scientific and Technical Research and Services. H.R. 4609 
would authorize appropriations totaling $5.3 billion over the 
2022-2026 period for scientific and technical research and 
services. In 2021, NIST received $788 million to support 
laboratory research in fields such as quantum science, 
artificial intelligence, and microelectronics. After accounting 
for the continuing resolution, CBO estimates that implementing 
this provision would cost $4.2 billion over the 2022-2026 
period and $298 million after 2026.
    Construction of Research Facilities. H.R. 4609 would 
authorize appropriations totaling $960 million over the 2022-
2026 period for the construction, repair, and maintenance of 
research facilities. That amount consists of $940 million 
specified in section 101 and another $20 million in section 301 
for the Facilities Modernization Fund for 2022. In 2021, NIST 
received $80 million for construction activities. After 
accounting for the continuing resolution, CBO estimates that 
implementing this provision would cost $381 million over the 
2022-2026 period and $499 million after 2026. From those 
authorized amounts, the bill would set aside $80 million 
annually for capital projects to modernize facilities on NIST 
campuses. The effects of that provision on direct spending are 
discussed below.
    Industrial Technology Services. H.R. 4609 would authorize 
appropriations totaling $1.7 billion over the 2022-2026 period 
for industrial technology services. In 2021, NIST received $167 
million for that purpose. After accounting for the continuing 
resolution, CBO estimates that implementing this provision 
would cost $1.3 billion over the 2022-2026 period and $315 
million after 2026. Those funds would support the Manufacturing 
USA and Hollings Manufacturing Extension Partnership programs.
    Surfside Investigation. The bill would authorize the 
appropriation of $22 million in 2022 to investigate a building 
that collapsed in Surfside, Florida, on June 24, 2021. CBO 
estimates that implementing this provision would cost $22 
million over the 2022-2026 period.
    Direct Spending: H.R. 4609 would set aside $80 million in 
discretionary funds annually over the 2022-2026 period in the 
Facilities Modernization Fund to pay for capital projects on 
NIST campuses. CBO anticipates that each year's unobligated 
balances would be invested in Treasury securities and that the 
earnings would be spent without further appropriation on 
capital projects. CBO estimates that NIST would spend less than 
$500,000 in accrued interest over the 2022-2031 period.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures would be less than $500,000 in every 
year and over the 2022-2031 period.
    Increase in Long-Term Deficits: CBO estimates that enacting 
H.R. 4609 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2032.
    Mandates: None.
    Estimate Prepared By: Federal Costs: David Hughes, 
Mandates: Rachel Austin.
    Estimate Reviewed By: Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; H. Samuel 
Papenfuss, Deputy Director of Budget Analysis; Theresa Gullo, 
Director of Budget Analysis.

                     XI. Federal Mandates Statement

    H.R. 4609 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee's oversight findings and recommendations are 
reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    The goals and objectives of H.R. 4609 are to authorize 
funding for the NIST for fiscal years (FY) 2022, 2023, 2024, 
2025 and 2026, to provide policy and programmatic direction 
related to science and engineering research supported by the 
Institute, make technical changes to the agency's authorities, 
support research infrastructure, and provide guidance on 
funding trajectories for the agency and its funding accounts.

               XIV. Federal Advisory Committee Statement

    H.R. 4609 does not authorize an advisory committee.

                  XV. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 4609 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XVI. Earmark Identification

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4609 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

             XVII. Applicability to the Legislative Branch

    The Committee finds that H.R. 4609 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

            XVIII. Statement on Preemption of State, Local, 
                             or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

           NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT




           *       *       *       *       *       *       *
                establishment, functions, and activities

  Sec. 2. (a) There is established within the Department of 
Commerce a science, engineering, technology, and measurement 
laboratory to be known as the National Institute of Standards 
and Technology (hereafter in this Act referred to as the 
``Institute'').
  (b) The Secretary of Commerce (hereafter in this Act referred 
to as the ``Secretary'') acting through the Director of the 
Institute (hereafter in this Act referred to as the 
``Director'') is authorized to serve as the President's 
principal adviser on standards policy pertaining to the 
Nation's technological competitiveness and innovation ability 
and to take all actions necessary and appropriate to accomplish 
the purposes of this Act, including the following functions of 
the Institute--
          (1) to assist industry in the development of 
        technology and procedures needed to improve quality, to 
        modernize manufacturing processes, to ensure product 
        reliability, manufacturability, functionality, and 
        cost-effectiveness, and to facilitate the more rapid 
        commercialization, especially by small- and medium-
        sized companies throughout the United States, of 
        products based on new scientific discoveries in fields 
        such as automation, electronics, advanced materials, 
        biotechnology, and optical technologies;
          (2) to develop, maintain, and retain custody of the 
        national standards of measurement, and provide the 
        means and methods for making measurements consistent 
        with those standards;
          (3) to facilitate standards-related information 
        sharing and cooperation between Federal agencies and to 
        coordinate the use by Federal agencies of private 
        sector standards, emphasizing where possible the use of 
        standards developed by private, consensus 
        organizations;
          [(4) to enter into contracts, including cooperative 
        research and development arrangements, and grants and 
        cooperative agreements, in furtherance of the purposes 
        of this Act;]
          (4) to enter into and perform such contracts, 
        including cooperative research and development 
        arrangements and grants and cooperative agreements or 
        other transactions, as may be necessary in the conduct 
        of its work and on such terms as it may deem 
        appropriate, in furtherance of the purposes of this 
        Act;
          (5) to provide United States industry, Government, 
        and educational institutions with a national 
        clearinghouse of current information, techniques, and 
        advice for the achievement of higher quality and 
        productivity based on current domestic and 
        international scientific and technical development;
          (6) to assist industry in the development of 
        measurements, measurement methods, and basic 
        measurement technology;
          (7) to determine, compile, evaluate, and disseminate 
        physical constants and the properties and performance 
        of conventional and advanced materials when they are 
        important to science, engineering, manufacturing, 
        education, commerce, and industry and are not available 
        with sufficient accuracy elsewhere;
          (8) to develop a fundamental basis and methods for 
        testing materials, mechanisms, structures, equipment, 
        and systems, including those used by the Federal 
        Government;
          (9) to assure the compatibility of United States 
        national measurement standards with those of other 
        nations;
          (10) to cooperate with other departments and agencies 
        of the Federal Government, with industry, with State 
        and local governments, with the governments of other 
        nations and international organizations, and with 
        private organizations in establishing standard 
        practices, codes, specifications, and voluntary 
        consensus standards;
          (11) to advise government and industry on scientific 
        and technical problems;
          (12) to invent, develop, and (when appropriate) 
        promote transfer to the private sector of measurement 
        devices to serve special national needs; and
          (13) to coordinate technical standards activities and 
        conformity assessment activities of Federal, State, and 
        local governments with private sector technical 
        standards activities and conformity assessment 
        activities, with the goal of eliminating unnecessary 
        duplication and complexity in the development and 
        promulgation of conformity assessment requirements and 
        measures.
  (c) In carrying out the functions specified in subsection 
(b), the Secretary, acting through the Director may, among 
other things--
          (1) construct physical standards;
          (2) test, calibrate, and certify standards and 
        standard measuring apparatus;
          (3) study and improve instruments, measurement 
        methods, and industrial process control and quality 
        assurance techniques;
          (4) cooperate with the States in securing uniformity 
        in weights and measures laws and methods of inspection;
          (5) cooperate with foreign scientific and technical 
        institutions to understand technological developments 
        in other countries better;
          (6) prepare, certify, and sell standard reference 
        materials for use in ensuring the accuracy of chemical 
        analyses and measurements of physical and other 
        properties of materials;
          (7) in furtherance of the purposes of this Act, 
        accept research associates, cash donations, and donated 
        equipment from industry, and also engage with industry 
        in research to develop new basic and generic 
        technologies for traditional and new products and for 
        improved production and manufacturing;
          (8) study and develop fundamental scientific 
        understanding and improved measurement, analysis, 
        synthesis, processing, and fabrication methods for 
        chemical substances and compounds, ferrous and 
        nonferrous metals, and all traditional and advanced 
        materials, including processes of degradation;
          (9) investigate ionizing and nonionizing radiation 
        and radioactive substances, their uses, and ways to 
        protect people, structures, and equipment from their 
        harmful effects;
          (10) determine the atomic and molecular structure of 
        matter, through analysis of spectra and other methods, 
        to provide a basis for predicting chemical and physical 
        structures and reactions and for designing new 
        materials and chemical substances, including 
        biologically active macromolecules;
          (11) perform research on electromagnetic waves, 
        including optical waves, and on properties and 
        performance of electrical, electronic, and 
        electromagnetic devices and systems and their essential 
        materials, develop and maintain related standards, and 
        disseminate standard signals through broadcast and 
        other means;
          (12) develop and test standard interfaces, 
        communication protocols, and data structures for 
        computer and related telecommunications systems;
          (13) study computer systems (as that term is defined 
        in section 20(d) of this Act) and their use to control 
        machinery and processes;
          (14) perform research to develop standards and test 
        methods to advance the effective use of computers and 
        related systems and to protect the information stored, 
        processed, and transmitted by such systems and to 
        provide advice in support of policies affecting Federal 
        computer and related telecommunications systems;
          (15) on an ongoing basis, facilitate and support the 
        development of a voluntary, consensus-based, industry-
        led set of standards, guidelines, best practices, 
        methodologies, procedures, and processes to cost-
        effectively reduce cyber risks to critical 
        infrastructure (as defined under subsection (e));
          (16) support information security measures for the 
        development and lifecycle of software and the software 
        supply chain, including development of voluntary, 
        consensus-based technical standards, best practices, 
        frameworks, methodologies, procedures, processes, and 
        software engineering toolkits and configurations;
          (17) support information security measures, including 
        voluntary, consensus-based technical standards, best 
        practices, and guidelines, for the design, adoption and 
        deployment of cloud computing services;
          (18) support research, development, and practical 
        application to improve the usability of cybersecurity 
        processes and technologies;
          (19) facilitate and support the development of a 
        voluntary, consensus-based set of technical standards, 
        guidelines, best practices, methodologies, procedures, 
        and processes to cost-effectively ensure appropriate 
        privacy protections for personally identifiable 
        information in systems, technologies, and processes 
        used by both the public and private sector;
          (20) support privacy measures, including voluntary, 
        consensus-based technical standards, best practices, 
        guidelines, metrology, and testbeds for the design, 
        adoption and deployment of privacy enhancing 
        technologies;
          [(16)] (21) perform research to support the 
        development of voluntary, consensus-based, industry-led 
        standards and recommendations on the security of 
        computers, computer networks, and computer data storage 
        used in election systems to ensure voters can vote 
        securely and privately[.];
          [(17)] (22) determine properties of building 
        materials and structural elements, and encourage their 
        standardization and most effective use, including 
        investigation of fire-resisting properties of building 
        materials and conditions under which they may be most 
        efficiently used, and the standardization of types of 
        appliances for fire prevention;
          [(18)] (23) undertake such research in engineering, 
        pure and applied mathematics, statistics, computer 
        science, materials science, and the physical sciences 
        as may be necessary to carry out and support the 
        functions specified in this section;
          [(19)] (24) host, participate in, and support 
        scientific and technical workshops (as defined in 
        section 202 of the American Innovation and 
        Competitiveness Act);
          [(20)] (25) collect and retain any fees charged by 
        the Secretary for hosting a scientific and technical 
        workshop described in paragraph (19);
          [(21)] (26) notwithstanding title 31 of the United 
        States Code, use the fees described in paragraph (20) 
        to pay for any related expenses, including subsistence 
        expenses for participants;
          [(22)] (27) compile, evaluate, publish, and otherwise 
        disseminate general, specific and technical data 
        resulting from the performance of the functions 
        specified in this section or from other sources when 
        such data are important to science, engineering, or 
        industry, or to the general public, and are not 
        available elsewhere;
          [(23)] (28) collect, create, analyze, and maintain 
        specimens of scientific value;
          [(24)] (29) operate national user facilities;
          [(25)] (30) evaluate promising inventions and other 
        novel technical concepts submitted by inventors and 
        small companies and work with other Federal agencies, 
        States, and localities to provide appropriate technical 
        assistance and support for those inventions which are 
        found in the evaluation process to have commercial 
        promise;
          [(26)] (31) demonstrate the results of the 
        Institute's activities by exhibits or other methods of 
        technology transfer, including the use of scientific or 
        technical personnel of the Institute for part-time or 
        intermittent teaching and training activities at 
        educational institutions of higher learning as part of 
        and incidental to their official duties; and
          [(27)] (32) undertake such other activities similar 
        to those specified in this subsection as the Director 
        determines appropriate.
  (d) In carrying out the extramural funding programs of the 
Institute, including the programs established under sections 25 
and 26 of this Act, the Secretary may retain reasonable amounts 
of any funds appropriated pursuant to authorizations for these 
programs in order to pay for the Institute's management of 
these programs.
  (e) Cyber Risks.--
          (1) In general.--In carrying out the activities under 
        subsection (c)(15), the Director--
                  (A) shall--
                          (i) coordinate closely and regularly 
                        with relevant private sector personnel 
                        and entities, critical infrastructure 
                        owners and operators, and other 
                        relevant industry organizations, 
                        including Sector Coordinating Councils 
                        and Information Sharing and Analysis 
                        Centers, and incorporate industry 
                        expertise;
                          (ii) consult with the heads of 
                        agencies with national security 
                        responsibilities, sector-specific 
                        agencies and other appropriate 
                        agencies, State and local governments, 
                        the governments of other nations, and 
                        international organizations;
                          (iii) identify a prioritized, 
                        flexible, repeatable, performance-
                        based, and cost-effective approach, 
                        including information security measures 
                        and controls, that may be voluntarily 
                        adopted by owners and operators of 
                        critical infrastructure to help them 
                        identify, assess, and manage cyber 
                        risks;
                          (iv) include methodologies--
                                  (I) to identify and mitigate 
                                impacts of the cybersecurity 
                                measures or controls on 
                                business confidentiality; and
                                  (II) to protect individual 
                                privacy and civil liberties;
                          (v) incorporate voluntary consensus 
                        standards and industry best practices;
                          (vi) align with voluntary 
                        international standards to the fullest 
                        extent possible;
                          (vii) prevent duplication of 
                        regulatory processes and prevent 
                        conflict with or superseding of 
                        regulatory requirements, mandatory 
                        standards, and related processes;
                          (viii) consider small business 
                        concerns (as defined in section 3 of 
                        the Small Business Act (15 U.S.C. 
                        632)); [and]
                          (ix) conduct reviews of and create 
                        impact metrics for cybersecurity 
                        solutions and capabilities developed by 
                        the Institute for purposes of 
                        improvement;
                          (x) consider institutions of higher 
                        education (as defined in section 101 of 
                        the Higher Education Act of 1965 (20 
                        U.S.C. 1001)); and
                          [(ix)] (xi) include such other 
                        similar and consistent elements as the 
                        Director considers necessary; and
                  (B) shall not prescribe or otherwise 
                require--
                          (i) the use of specific solutions;
                          (ii) the use of specific information 
                        or communications technology products 
                        or services; or
                          (iii) that information or 
                        communications technology products or 
                        services be designed, developed, or 
                        manufactured in a particular manner.
          (2) Limitation.--Information shared with or provided 
        to the Institute for the purpose of the activities 
        described under subsection (c)(15) shall not be used by 
        any Federal, State, tribal, or local department or 
        agency to regulate the activity of any entity. Nothing 
        in this paragraph shall be construed to modify any 
        regulatory requirement to report or submit information 
        to a Federal, State, tribal, or local department or 
        agency.
          (3) Definitions.--In this subsection:
                  (A) Critical infrastructure.--The term 
                ``critical infrastructure'' has the meaning 
                given the term in section 1016(e) of the USA 
                PATRIOT Act of 2001 (42 U.S.C. 5195c(e)).
                  (B) Sector-specific agency.--The term 
                ``sector-specific agency'' means the Federal 
                department or agency responsible for providing 
                institutional knowledge and specialized 
                expertise as well as leading, facilitating, or 
                supporting the security and resilience programs 
                and associated activities of its designated 
                critical infrastructure sector in the all-
                hazards environment.

           *       *       *       *       *       *       *

  [Sec. 6. That the officers and employees provided for by this 
Act, except the director, shall be appointed by the Secretary 
of the Treasury, at such time as their respective services may 
become necessary.]

SEC. 6. HIRING CRITICAL TECHNICAL EXPERTS.

  (a) In General.--The officers and employees of the Institute, 
except the director, shall be appointed by the Secretary of 
Commerce at such time as their respective services may become 
necessary.
  (b) Hiring Critical Technical Experts.--Notwithstanding 
section 3104 of title 5 or the provisions of any other law 
relating to the appointment, number, classification, or 
compensation of employees, the Secretary of Commerce shall have 
the authority to make appointments of scientific, engineering, 
and professional personnel, and to fix the basic pay of such 
personnel at a rate to be determined by the Secretary at rates 
not in excess of the highest total annual compensation payable 
at the rate determined under section 104 of title 3. The 
Director shall appoint not more than 15 personnel under this 
section.
  (c) Sunset.--The authority under section (b) shall expire on 
the date that is 5 years after the date of enactment of this 
section.

           *       *       *       *       *       *       *

  Sec. 14. (a) In General.--Within the limits of funds which 
are appropriated for the Institute, the Secretary of Commerce 
is authorized to undertake such construction of buildings and 
other facilities and to make sure improvements to existing 
buildings, grounds, and other facilities occupied or used by 
the Institute as are necessary for the proper and efficient 
conduct of the activities authorized herein.
  (b) Retention of Fees.--The Director is authorized to retain 
all building use and depreciation surcharge fees collected 
pursuant to OMB Circular A-25. Such fees shall be collected and 
credited to the Construction of Research Facilities 
Appropriation Account for use in maintenance and repair of the 
Institute's existing facilities.
  (c) Ownership, Operation, and Leasing of Facilities.--Within 
the limits of funds which are appropriated for the Institute, 
the Secretary is authorized to own, operate, or lease research 
facilities in locations throughout the United States and its 
territories in furtherance of its mission, provided that no 
agreement is entered into to own, operate, or lease without 
first notifying the appropriate Congressional committees of 
jurisdiction.
  (d) Facilities Modernization Fund.--
          (1) Establishment.--There is established in the 
        Treasury of the United States a fund to be known as the 
        ``NIST Facilities Modernization Fund'' (hereafter in 
        this section referred to as the ``Fund'').
          (2) Use of funds.--Amounts in the Fund shall be 
        available to Secretary, acting through the Director, 
        for Capital Projects on the Institute's campuses, and 
        as needed on the Institute's joint institute campuses, 
        for the modernization, renovation, and construction of 
        research facilities needed to conduct leading edge 
        scientific and technical research.
          (3) Contents of fund.--The Funds shall consist of the 
        following amounts:
                  (A) Such amounts as may be appropriated by 
                law.
                  (B) Interest earned on the balance of the 
                Fund.
          (4) Authorization of funds.--Of the funds authorized 
        to be appropriated in section 302 of the National 
        Institute of Standards and Technology for the Future 
        Act of 2021 for the construction and renovation of 
        facilities, $80,000,000 for each of the fiscal years 
        2022 through 2026 shall be provided for the Fund 
        established in subsection (a).
          (5) Continuing availability of funds.--Amounts in the 
        Fund are available without regard to fiscal year 
        limitation.
          (6) Notification to committees.--Upon making any 
        obligation or expenditure of any amount in the Fund, 
        the Secretary, through the Director, shall notify the 
        Committee on Science, Space, and Technology of the 
        House of Representatives, the Committee on Commerce, 
        Science, and Transportation of the Senate, the 
        Committee on Appropriations of the House of 
        Representatives and the Committee on Appropriations of 
        the Senate of the amount and purpose of the obligation 
        or expenditure.
          (7) NIST facilities modernization and maintenance 
        plan.--
                  (A) In general.--To carry out the program 
                authorized in subsection (d), the Secretary, 
                acting through the Director, shall develop and 
                submit to Congress a 5-year modernization and 
                maintenance plan for the Institute's campuses.
                  (B) Timing.--The modernization and 
                maintenance plan required in subparagraph (A) 
                shall be submitted to Congress not later than 
                30 days after the date of enactment of the 
                National Institute of Standards and Technology 
                for the Future Act of 2021, and an update shall 
                be submitted to Congress annually thereafter.
                  (C) Components.--The plan required in 
                subparagraph (A) shall include, with respect to 
                the 5-year period beginning on the date of the 
                submission or update, the following:
                          (i) A list of Capital Construction 
                        Projects expected to be undertaken 
                        during such period, the core 
                        capabilities these facilities will 
                        provide, climate-resilience planning 
                        efforts, anticipated schedule of 
                        construction, and anticipated funding 
                        requirements.
                          (ii) A list of planned utility 
                        infrastructure projects expected to be 
                        undertaken during such periods, 
                        anticipated schedule of construction, 
                        and anticipated funding requirements.
                          (iii) A list of planned IT 
                        infrastructure projects expected to be 
                        undertaken during such period, 
                        anticipated schedule of construction, 
                        and anticipated funding requirements.
                          (iv) A list of the deferred 
                        maintenance projects expected to be 
                        undertaken during such period, 
                        anticipated schedule of construction, 
                        anticipated funding requirements, and 
                        an evaluation of progress made in 
                        reducing the deferred maintenance 
                        backlog.
  Sec. 15. In the performance of the functions of the Institute 
the Secretary of Commerce is authorized to undertake the 
following activities: (a) The purchase, repair, and cleaning of 
uniforms for guards; (b) the care, maintenance, protection, 
repair, and alteration of Institute buildings and other plant 
facilities, equipment, and property[.]; (c) the rental of field 
sites and laboratory, office, and warehouse space; (d) the 
purchase of reprints from technical journals or other 
periodicals and the payment of page charges for the publication 
of research papers and reports in such journals; (e) the 
furnishing of food and shelter without repayment therefor to 
employees of the Government at Arctic and Antarctic stations; 
(f) for the conduct of observations on radio propagation 
phenomena in the Arctic or Antarctic regions, the appointment 
of employees at base rates established by the Secretary of 
Commerce which shall not exceed such maximum rates as may be 
specified from time to time in the appropriation concerned, and 
without regard to the civil service and classification laws and 
titles II and III of the Federal Employees Pay Act of 1945; (g) 
the erection on leased property of specialized facilities and 
working and living quarters when the Secretary of Commerce 
determines that this will best serve the interests of the 
Government; [and] (h) the provision of transportation services 
for employees of the Institute between the facilities of the 
Institute and nearby public transportation, notwithstanding 
section 1344 of title 31, United States Code[.]; and (i) the 
protection of Institute buildings and other plant facilities, 
equipment, and property, and of employees, associates, or 
visitors, located therein or associated therewith, 
notwithstanding any other provision of law, the direction of 
such of the officers and employees of the Institute as the 
Secretary deems necessary in the public interest hereafter to 
carry firearms while in the conduct of their official duties, 
and the authorization of employees of contractors and 
subcontractors of the Institute who are engaged in the 
protection of property owned by the United States, and located 
at facilities owned by, leased, used or under the control of 
the United States, to carry firearms while in the conduct of 
their official duties, and, under regulations prescribed by the 
Secretary and approved by the Attorney General, the 
authorization of officers and employees of the Institute and of 
its contractors and subcontractors authorized to carry firearms 
hereafter to arrest without warrant for any offense against the 
United States committed in their presence, or for any felony 
cognizable under the laws of the United States if they have 
reasonable grounds to believe that the person to be arrested 
has committed or is committing such felony, provided that such 
authority to make arrests may be exercised only while guarding 
and protecting buildings and other plant facilities, equipment, 
and property owned or leased by, used or under the control of, 
the United States under the administration and control of the 
Secretary.

           *       *       *       *       *       *       *

  Sec. 17. [(a) The Secretary is authorized, notwithstanding 
any other provision of law, to expend such sums, within the 
limit of appropriated funds, as the Secretary may deem 
desirable, through the grant of fellowships or any other form 
of financial assistance, to defray the expenses of foreign 
nationals not in service to the Government of the United States 
while they are performing scientific or engineering work at the 
Institute or participating in the exchange of scientific or 
technical information at the Institute.]
  (a) The Secretary is authorized, notwithstanding any other 
provision of law, to expend such sums, within the limit of 
appropriated funds, as the Secretary may deem desirable through 
direct support for activities of international organizations 
and foreign national metrology institutes with which the 
Institute cooperates to advance measurement methods, technical 
standards, and related basic technologies, for official 
representation, to host official receptions, dinners, and 
similar events, and to otherwise extend official courtesies, 
including transportation of foreign dignitaries and 
representatives of foreign national metrology institutes to and 
from the Institute, for the purpose of maintaining the standing 
and prestige of the Department of Commerce and the Institute, 
through the grant of fellowships or other appropriate form of 
financial or logistical assistance or support to foreign 
nationals not in service to the Government of the United States 
while they are performing scientific or engineering work at the 
Institute or participating in the exchange of scientific or 
technical information at the Institute.
  (b) The Congress consents to the acceptance by employees of 
the Institute of fellowships, lectureships, or other positions 
for the performance of scientific or engineering activities or 
for the exchange of scientific or technical information, 
offered by a foreign government, and to the acceptance and 
retention by an employee of the Institute of any form of 
financial or other assistance provided by a foreign government 
as compensation for or as a means of defraying expenses 
associated with the performance of scientific or engineering 
activities or the exchange of scientific or technical 
information, in any case where the acceptance of such 
fellowship, lectureship, or position or the acceptance and 
retention of such assistance is determined by the Secretary to 
be appropriate and consistent with the interests of the United 
States. For the purposes of this subsection, the definitions 
appearing in section 7342(a) of title 5 of the United States 
Code apply. Civil actions may be brought and penalties assessed 
against any employee who knowingly accepts and retains 
assistance from a foreign government not consented to by this 
subsection in the same manner as is prescribed by section 
7342(h) of title 5 of the United States Code.
  (c) Provisions of law prohibiting the use of any part of any 
appropriation for the payment of compensation to any employee 
or officer of the Government of the United States who is not a 
citizen of the United States shall not apply to the payment of 
compensation to scientific or engineering personnel of the 
Institute.
  (d) For any scientific and engineering disciplines for which 
there is a shortage of suitably qualified and available United 
States citizens and nationals, the Secretary is authorized to 
recruit and employ in scientific and engineering fields at the 
Institute foreign nationals who have been lawfully admitted to 
the United States for permanent residence under the Immigration 
and Nationality Act and who intend to become United States 
citizens. Employment of a person under this paragraph shall not 
be subject to the provisions of title 5, United States Code, 
governing employment in the competitive service, or to any 
prohibition in any other Act against the employment of aliens, 
or against the payment of compensation to them.

SEC. 18. EDUCATION AND OUTREACH.

  (a) In General.--The Director is authorized to expend funds 
appropriated for activities of the Institute in any fiscal 
year, to support, promote, and coordinate activities and 
efforts to enhance public awareness and understanding of 
measurement sciences, standards and technology at the national 
measurement laboratories and otherwise in fulfillment of the 
mission of the Institute. The Director [may] shall carry out 
activities under this subsection, including education and 
outreach activities to the general public, industry and 
[academia] diverse types of institutions of higher education, 
including minority-serving institutions and community colleges 
in support of the Institute's mission.
  (b) Hiring.--The Director, in coordination with the Director 
of the Office of Personnel Management, may revise the 
procedures the Director applies when making appointments to 
laboratory positions within the competitive service--
          (1) to ensure corporate memory of and expertise in 
        the fundamental ongoing work, and on developing new 
        capabilities in priority areas;
          (2) to maintain high overall technical competence;
          (3) to improve staff diversity;
          (4) to balance emphases on the noncore and core 
        areas; or
          (5) to improve the ability of the Institute to 
        compete in the marketplace for qualified personnel.
  (c) Volunteers.--
          (1) In general.--The Director may establish a program 
        to use volunteers in carrying out the programs of the 
        Institute.
          (2) Acceptance of personnel.--The Director may 
        accept, subject to regulations issued by the Office of 
        Personnel Management, voluntary service for the 
        Institute for such purpose if the service--
                  (A) is to be without compensation; and
                  (B) will not be used to displace any current 
                employee or act as a substitute for any future 
                full-time employee of the Institute.
          (3) Federal employee status.--Any individual who 
        provides voluntary service under this subsection shall 
        not be considered a Federal employee, except for 
        purposes of chapter 81 of title 5, United States Code 
        (relating to compensation for injury), and sections 
        2671 through 2680 of title 28, United States Code 
        (relating to tort claims).
  (d) Research Fellowships.--
          (1) In general.--The Director may expend funds 
        appropriated for activities of the Institute in any 
        fiscal year, as the Director considers appropriate, for 
        awards of research fellowships and other forms of 
        financial and logistical assistance, including direct 
        stipend awards to--
                  (A) students at institutions of higher 
                learning within the United States who show 
                promise as present or future contributors to 
                the mission of the Institute; and
                  (B) United States citizens for research and 
                technical activities of the Institute, 
                including programs.
          (2) Selection criteria.--The selection of persons to 
        receive such fellowships and assistance shall be made 
        on the basis of ability and of the relevance of the 
        proposed work to the mission and programs of the 
        Institute.
          (3) Financial and logistical assistance.--
        Notwithstanding section 1345 of title 31, United States 
        Code, or any other law to the contrary, the Director 
        may include as a form of financial or logistical 
        assistance under this subsection temporary housing and 
        transportation to and from Institute facilities.
  (e) Educational Outreach Activities.--The Director may--
          (1) facilitate education programs for undergraduate 
        and graduate students, postdoctoral researchers, and 
        academic and industry employees;
          (2) sponsor summer workshops for STEM kindergarten 
        through grade 12 teachers as appropriate;
          (3) develop programs for graduate student internships 
        and visiting faculty researchers;
          (4) document publications, presentations, and 
        interactions with visiting researchers and sponsoring 
        interns as performance metrics for improving and 
        continuing interactions with those individuals; [and]
          (5) facilitate laboratory tours and provide 
        presentations for educational, industry, and community 
        groups[.]; and
          (6) conduct outreach to and develop research 
        collaborations with historically black colleges and 
        universities and minority-serving institutions, 
        including through the recruitment of students and 
        faculty at such institutions to participate in programs 
        developed under paragraph (3);
          (7) conduct outreach to and develop research 
        collaborations with community colleges, including 
        through the recruitment of students and faculty at such 
        institutions to participate in programs developed under 
        paragraph (3);
          (8) carry out other activities to increase the 
        participation of persons historically underrepresented 
        in STEM in the Institute's programs; and
          (9) conduct outreach to and develop collaborations 
        with nontraditional educational organizations, 
        including those that offer training through non-profit 
        associations and professional associations or 
        professional societies, to engage persons historically 
        underrepresented in STEM through programs developed 
        under this subsection.

           *       *       *       *       *       *       *

  Sec. 20. (a) The Institute shall--
          (1) have the mission of developing standards, 
        guidelines, and associated methods and techniques for 
        information systems;
          (2) develop standards and guidelines, including 
        minimum requirements, for information systems used or 
        operated by an agency or by a contractor of an agency 
        or other organization on behalf of an agency, other 
        than national security systems (as defined in section 
        3552(b)(5) of title 44, United States Code);
          (3) develop standards and guidelines, including 
        minimum requirements, for providing adequate 
        information security for all agency operations and 
        assets, but such standards and guidelines shall not 
        apply to national security systems;
          (4) carry out the responsibilities described in 
        paragraph (3) through the Computer Security Division; 
        and
          (5) identify and develop standards and guidelines for 
        improving the cybersecurity workforce for an agency as 
        part of the National Initiative for Cybersecurity 
        Education (NICE) Cybersecurity Workforce Framework 
        (NIST Special Publication 800-181), or successor 
        framework.
  (b) The standards and guidelines required by subsection (a) 
shall include, at a minimum--
          (1)(A) standards to be used by all agencies to 
        categorize all information and information systems 
        collected or maintained by or on behalf of each agency 
        based on the objectives of providing appropriate levels 
        of information security according to a range of risk 
        levels;
          (B) guidelines recommending the types of information 
        and information systems to be included in each such 
        category; and
          (C) minimum information security requirements for 
        information and information systems in each such 
        category;
          (2) a definition of and guidelines concerning 
        detection and handling of information security 
        incidents; [and]
          (3) guidelines developed in coordination with the 
        National Security Agency for identifying an information 
        system as a national security system consistent with 
        applicable requirements for national security systems, 
        issued in accordance with law and as directed by the 
        President[.]; and
          (4) performance standards and guidelines for high 
        risk biometric identification systems, including facial 
        recognition systems, accounting for various use cases, 
        types of biometric identification systems, and relevant 
        operational conditions.
  (c) In developing standards and guidelines required by 
subsections (a) and (b), the Institute shall--
          (1) consult with other agencies and offices 
        (including, but not limited to, the Director of the 
        Office of Management and Budget, the Departments of 
        Defense and Energy, the National Security Agency, the 
        General Accounting Office, and the Secretary of 
        Homeland Security) to assure--
                  (A) use of appropriate information security 
                policies, procedures, and techniques, in order 
                to improve information security and avoid 
                unnecessary and costly duplication of effort; 
                and
                  (B) that such standards and guidelines are 
                complementary with standards and guidelines 
                employed for the protection of national 
                security systems and information contained in 
                such systems;
          (2) provide the public with an opportunity to comment 
        on proposed standards and guidelines;
          (3) submit to the Director of the Office of 
        Management and Budget for promulgation under section 
        11331 of title 40, United States Code--
                  (A) standards, as required under subsection 
                (b)(1)(A), no later than 12 months after the 
                date of the enactment of this section; and
                  (B) minimum information security requirements 
                for each category, as required under subsection 
                (b)(1)(C), no later than 36 months after the 
                date of the enactment of this section;
          (4) issue guidelines as required under subsection 
        (b)(1)(B), no later than 18 months after the date of 
        the enactment of this Act;
          (5) ensure that such standards and guidelines do not 
        require specific technological solutions or products, 
        including any specific hardware or software security 
        solutions;
          (6) ensure that such standards and guidelines provide 
        for sufficient flexibility to permit alternative 
        solutions to provide equivalent levels of protection 
        for identified information security risks; and
          (7) use flexible, performance-based standards and 
        guidelines that, to the greatest extent possible, 
        permit the use of off-the-shelf commercially developed 
        information security products.
  (d) The Institute shall--
          (1) submit standards developed pursuant to subsection 
        (a), along with recommendations as to the extent to 
        which these should be made compulsory and binding, to 
        the Director of the Office of Management and Budget for 
        promulgation under section 11331 of title 40, United 
        States Code;
          (2) provide assistance to agencies regarding--
                  (A) compliance with the standards and 
                guidelines developed under subsection (a);
                  (B) detecting and handling information 
                security incidents; and
                  (C) information security policies, 
                procedures, and practices;
          (3) conduct research and analysis--
                  (A) to determine the nature and extent of 
                information security vulnerabilities and 
                techniques for providing cost-effective 
                information security;
                  (B) to review and determine prevalent 
                information security challenges and 
                deficiencies identified by agencies or the 
                Institute, including any challenges or 
                deficiencies described in any of the annual 
                reports under section 3553 or 3554 of title 44, 
                United States Code, and in any of the reports 
                and the independent evaluations under section 
                3555 of that title, that may undermine the 
                effectiveness of agency information security 
                programs and practices; and
                  (C) to evaluate the effectiveness and 
                sufficiency of, and challenges to, Federal 
                agencies' implementation of standards and 
                guidelines developed under this section and 
                policies and standards promulgated under 
                section 11331 of title 40, United States Code;
          (4) develop and periodically revise performance 
        indicators and measures for agency information security 
        policies and practices;
          (5) evaluate private sector information security 
        policies and practices and commercially available 
        information technologies to assess potential 
        application by agencies to strengthen information 
        security;
          (6) evaluate security policies and practices 
        developed for national security systems to assess 
        potential application by agencies to strengthen 
        information security;
          (7) periodically assess the effectiveness of 
        standards and guidelines developed under this section 
        and undertake revisions as appropriate;
          (8) solicit and consider the recommendations of the 
        Information Security and Privacy Advisory Board, 
        established by section 21, regarding standards and 
        guidelines developed under subsection (a) and submit 
        such recommendations to the Director of the Office of 
        Management and Budget with such standards submitted to 
        the Director; and
          (9) prepare an annual public report on activities 
        undertaken in the previous year, and planned for the 
        coming year, to carry out responsibilities under this 
        section.
  (e) Intramural Security Research.--As part of the research 
activities conducted in accordance with subsection (d)(3), the 
Institute shall, to the extent practicable and appropriate--
          (1) conduct a research program to develop a unifying 
        and standardized identity, privilege, and access 
        control management framework for the execution of a 
        wide variety of resource protection policies and that 
        is amenable to implementation within a wide variety of 
        existing and emerging computing environments;
          (2) carry out research associated with improving the 
        security of information systems and networks;
          (3) carry out research associated with improving the 
        testing, measurement, usability, and assurance of 
        information systems and networks;
          (4) carry out research associated with improving 
        security of industrial control systems;
          (5) carry out research associated with improving the 
        security and integrity of the information technology 
        supply chain; and
          (6) carry out any additional research the Institute 
        determines appropriate.
  (f) As used in this section--
          (1) the term ``agency'' has the same meaning as 
        provided in section 3502(1) of title 44, United States 
        Code;
          (2) the term ``information security'' has the same 
        meaning as provided in section 3532(1) of such title;
          (3) the term ``information system'' has the same 
        meaning as provided in section 3502(8) of such title;
          (4) the term ``information technology'' has the same 
        meaning as provided in section 11101 of title 40, 
        United States Code; and
          (5) the term ``national security system'' has the 
        same meaning as provided in section 3532(b)(2) of such 
        title.

           *       *       *       *       *       *       *


SEC. 25. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.

  (a) Definitions.--In this section:
          (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) the Committee on Science, Space, and 
                Technology of the House of Representatives.
          (2) Area career and technical education school.--The 
        term ``area career and technical education school'' has 
        the meaning given the term in section 3 of the 
        Vocational Education Act of 1963 (20 U.S.C. 2302).
          (3) Center.--The term ``Center'' means a 
        manufacturing extension center that--
                  (A) is created under subsection (b); and
                  (B) is affiliated with an eligible entity 
                that applies for and is awarded financial 
                support under subsection (e).
          (4) Community college.--The term ``community 
        college'' means an institution of higher education (as 
        defined under section 101(a) of the Higher Education 
        Act of 1965 (20 U.S.C. 1001(a))) at which the highest 
        degree that is predominately awarded to students is an 
        associate's degree.
          (5) Eligible entity.--The term ``eligible entity'' 
        means a United States-based nonprofit institution, [or 
        consortium thereof,] an institution of higher 
        education, or a State, United States territory, local, 
        or tribal government or a consortium thereof.
          (6) Hollings manufacturing extension partnership or 
        program.--The term ``Hollings Manufacturing Extension 
        Partnership'' or ``Program'' means the program 
        established under subsection (b).
          (7) MEP advisory board.--The term ``MEP Advisory 
        Board'' means the Manufacturing Extension Partnership 
        Advisory Board established under subsection (n).
  (b) Establishment and Purpose.--The Secretary, acting through 
the Director and, if appropriate, through other Federal 
officials, shall establish a program to provide assistance for 
the creation and support of manufacturing extension centers for 
the transfer of manufacturing technology and best business 
practices.
  (c) Objective.--The objective of the Program shall be to 
enhance competitiveness, productivity, and technological 
performance in United States manufacturing through--
          (1) the transfer of manufacturing technology and 
        techniques developed at the Institute to Centers and, 
        through them, to manufacturing companies throughout the 
        United States;
          (2) the participation of individuals from industry, 
        institutions of higher education, State governments, 
        other Federal agencies, and, when appropriate, the 
        Institute in cooperative technology transfer 
        activities;
          (3) efforts to make new manufacturing technology and 
        processes usable by United States-based small and 
        medium-sized companies;
          (4) the active dissemination of scientific, 
        engineering, technical, and management information 
        about manufacturing to United States-based industrial 
        firms, including small and medium-sized manufacturing 
        companies;
          (5) the utilization, when appropriate, of the 
        expertise and capability that exists in Federal 
        agencies, other than the Institute, and federally-
        sponsored laboratories;
          (6) the provision to [community colleges and area 
        career and technical education schools] secondary 
        schools (as defined in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801)), 
        community colleges, and area career and technical 
        education schools, including those in underserved and 
        rural communities, of information about the job skills 
        needed in manufacturing companies, including small and 
        medium-sized manufacturing businesses in the regions 
        they serve;
          (7) the promotion and expansion of certification 
        systems offered through industry, associations, [and 
        local colleges] local high schools and local colleges, 
        including those in underserved and rural communities, 
        when appropriate, including efforts such as 
        facilitating training, supporting new or existing 
        apprenticeships or other applied learning 
        opportunities, and providing access to information and 
        experts, to address workforce needs and skills gaps in 
        order to assist small- and medium-sized manufacturing 
        businesses; and
          (8) the growth in employment and wages at United 
        States-based small and medium-sized companies.
  (d) Activities.--The activities of a Center shall include--
          (1) the establishment of automated manufacturing 
        systems and other advanced production technologies, at 
        United States-based industrial facilities, including 
        small and medium manufacturing companies based on 
        Institute-supported research, for the purpose of 
        demonstrations and technology transfer;
          (2) the active transfer and dissemination of research 
        findings and Center expertise to a wide range of United 
        States-based companies and enterprises, particularly 
        small and medium-sized manufacturers; and
          (3) the facilitation of collaborations and 
        partnerships between United States-based small and 
        medium-sized manufacturing companies[, community 
        colleges, and area career and technical education 
        schools,] and local high schools, community colleges, 
        and area career and technical education schools, 
        including those in underserved and rural communities, 
        to help those entities better understand the specific 
        needs of manufacturers and to help manufacturers better 
        understand the skill sets that students learn in the 
        programs offered by such colleges and schools.
  (e) Financial Assistance.--
          (1) Authorization.--Except as provided in paragraph 
        (2), the Secretary may provide financial assistance for 
        the creation and support of a Center through a 
        cooperative agreement with an eligible entity.
          (2) Cost sharing.--The Secretary may not provide more 
        than 50 percent of the capital and annual operating and 
        maintenance funds required to establish and support a 
        Center.
          (3) Rule of construction.--For purposes of paragraph 
        (2), any amount received by an eligible entity for a 
        Center under a provision of law other than paragraph 
        (1) shall not be considered an amount provided under 
        paragraph (1).
          (4) Regulations.--The Secretary may revise or 
        promulgate such regulations as necessary to carry out 
        this subsection.
  (f) Applications.--
          (1) In general.--An eligible entity shall submit an 
        application to the Secretary at such time, in such 
        manner, and containing such information as the 
        Secretary may require.
          (2) Program description.--The Secretary shall 
        establish and update, as necessary--
                  (A) a description of the Program;
                  (B) the application procedures;
                  (C) performance metrics;
                  (D) criteria for determining qualified 
                applicants; and
                  (E) criteria for choosing recipients of 
                financial assistance from among the qualified 
                applicants.
                  (F) procedures for determining allowable cost 
                share contributions; and
                  (G) such other program policy objectives and 
                operational procedures as the Secretary 
                considers necessary.
          (3) Cost sharing.--
                  (A) In general.--To be considered for 
                financial assistance under this section, an 
                applicant shall provide adequate assurances 
                that the applicant and if applicable, the 
                applicant's partnering organizations, will 
                obtain funding for not less than 50 percent of 
                the capital and annual operating and 
                maintenance funds required to establish and 
                support the Center from sources other than the 
                financial assistance provided under subsection 
                (e).
                  (B) Agreements with other entities.--In 
                meeting the cost-sharing requirement under 
                subparagraph (A), an eligible entity may enter 
                into an agreement with 1 or more other 
                entities, such as a private industry, 
                institutions of higher education, or a State, 
                United States territory, local, or tribal 
                government for the contribution by that other 
                entity of funding if the Secretary determines 
                the agreement--
                          (i) is programmatically reasonable;
                          (ii) will help accomplish 
                        programmatic objectives; and
                          (iii) is allocable under Program 
                        procedures under subsection (f)(2).
          (4) Legal rights.--Each applicant shall include in 
        the application a proposal for the allocation of the 
        legal rights associated with any intellectual property 
        which may result from the activities of the Center.
          (5) Merit review of applications.--
                  (A) In general.--The Secretary shall subject 
                each application to merit review.
                  (B) Considerations.--In making a decision 
                whether to approve an application and provide 
                financial assistance under subsection (e), the 
                Secretary shall consider, at a minimum--
                          (i) the merits of the application, 
                        particularly those portions of the 
                        application regarding technology 
                        transfer, training and education, and 
                        adaptation of manufacturing 
                        technologies to the needs of particular 
                        industrial sectors in the United 
                        States;
                          (ii) the quality of service to be 
                        provided;
                          (iii) the geographical diversity and 
                        extent of the service area; and
                          (iv) the type and percentage of 
                        funding and in-kind commitment from 
                        other sources under paragraph (3).
  (g) Evaluations.--
          (1) Third and eighth year evaluations by panel.--
                  (A) In general.--The Secretary shall ensure 
                that each Center is evaluated during its third 
                and eighth years of operation by an evaluation 
                panel appointed by the Secretary.
                  (B) Composition.--The Secretary shall ensure 
                that each evaluation panel appointed under 
                subparagraph (A) is composed of--
                          (i) private experts, none of whom are 
                        connected with the Center evaluated by 
                        the panel; and
                          (ii) Federal officials.
                  (C) Chairperson.--For each evaluation panel 
                appointed under subparagraph (B), the Secretary 
                shall appoint a chairperson who is an official 
                of the Institute.
          (2) Fifth year evaluations by secretary.--In the 
        fifth year of operation of a Center, the Secretary 
        shall conduct a review of the Center.
          (3) Performance measurement.--In evaluating a Center 
        an evaluation panel or the Secretary, as applicable, 
        shall measure the performance of the Center against--
                  (A) the objective specified in subsection 
                (c);
                  (B) the performance metrics under subsection 
                (f)(2)(C); and
                  (C) such other criterion as considered 
                appropriate by the Secretary.
          (4) Positive evaluations.--If an evaluation of a 
        Center is positive, the Secretary may continue to 
        provide financial assistance for the Center--
                  (A) in the case of an evaluation occurring in 
                the third year of a Center, through the fifth 
                year of the Center;
                  (B) in the case of an evaluation occurring in 
                the fifth year of a Center, through the eighth 
                year of the Center; and
                  (C) in the case of an evaluation occurring in 
                the eighth year of a Center, through the tenth 
                year of the Center.
          (5) Other than positive evaluations.--
                  (A) Probation.--If an evaluation of a Center 
                is other than positive, the Secretary shall put 
                the Center on probation during the period 
                beginning on the date that the Center receives 
                notice under subparagraph (B)(i) and ending on 
                the date that the reevaluation is complete 
                under subparagraph (B)(iii).
                  (B) Notice and reevaluation.--If a Center 
                receives an evaluation that is other than 
                positive, the evaluation panel or Secretary, as 
                applicable, shall--
                          (i) notify the Center of the reason, 
                        including any deficiencies in the 
                        performance of the Center identified 
                        during the evaluation;
                          (ii) assist the Center in remedying 
                        the deficiencies by providing the 
                        Center, not less frequently than once 
                        every 3 months, an analysis of the 
                        Center, if considered appropriate by 
                        the panel or Secretary, as applicable; 
                        and
                          (iii) reevaluate the Center not later 
                        than 1 year after the date of the 
                        notice under clause (i).
                  (C) Continued support during period of 
                probation.--
                          (i) In general.--The Secretary may 
                        continue to provide financial 
                        assistance under subsection (e) for a 
                        Center during the probation period.
                          (ii) Post probation.--After the 
                        period of probation, the Secretary 
                        shall not provide any financial 
                        assistance unless the Center has 
                        received a positive evaluation under 
                        subparagraph (B)(iii).
          (6) Failure to remedy.--
                  (A) In general.--If a Center fails to remedy 
                a deficiency or to show significant improvement 
                in performance before the end of the probation 
                period under paragraph (5), the Secretary shall 
                conduct a competition to select an operator for 
                the Center under subsection (h).
                  (B) Treatment of centers subject to new 
                competition.--Upon the selection of an operator 
                for a Center under subsection (h), the Center 
                shall be considered a new Center and the 
                calculation of the years of operation of that 
                Center for purposes of paragraphs (1) through 
                (5) of this subsection and subsection (h)(1) 
                shall start anew.
  (h) Reapplication Competition for Financial Assistance After 
10 Years.--
          (1) In general.--If an eligible entity has operated a 
        Center under this section for a period of 10 
        consecutive years, the Secretary shall conduct a 
        competition to select an eligible entity to operate the 
        Center in accordance with the process plan under 
        subsection (i).
          (2) Incumbent eligible entities.--An eligible entity 
        that has received financial assistance under this 
        section for a period of 10 consecutive years and that 
        the Secretary determines is in good standing shall be 
        eligible to compete in the competition under paragraph 
        (1).
          (3) Treatment of centers subject to reapplication 
        competition.--Upon the selection of an operator for a 
        Center under paragraph (1), the Center shall be 
        considered a new Center and the calculation of the 
        years of operation of that Center for purposes of 
        paragraphs (1) through (5) of subsection (g) shall 
        start anew.
  (i) Process Plan.--Not later than 180 days after the date of 
the enactment of the American Innovation and Competitiveness 
Act, the Secretary shall implement and submit to Congress a 
plan for how the Institute will conduct an evaluation, 
competition, and reapplication competition under this section.
  (j) Operational Requirements.--
          (1) Protection of confidential information of center 
        clients.--The following information, if obtained by the 
        Federal Government in connection with an activity of a 
        Center or the Program, shall be exempt from public 
        disclosure under section 552 of title 5, United States 
        Code:
                  (A) Information on the business operation of 
                any participant in the Program or of a client 
                of a Center.
                  (B) Trade secrets of any client of a Center.
  (k) Oversight Boards.--
          (1) In general.--As a condition on receipt of 
        financial assistance for a Center under subsection (e), 
        an eligible entity shall establish a board to oversee 
        the operations of the Center.
          (2) Standards.--
                  (A) In general.--The Director shall establish 
                appropriate standards for each board described 
                under paragraph (1).
                  (B) Considerations.--In establishing the 
                standards, the Director shall take into account 
                the type and organizational structure of an 
                eligible entity.
                  (C) Requirements.--The standards shall 
                address--
                          (i) membership;
                          (ii) composition;
                          (iii) term limits;
                          (iv) conflicts of interest; and
                          (v) such other requirements as the 
                        Director considers necessary.
          (3) Membership.--
                  (A) In general.--Each board established under 
                paragraph (1) shall be composed of members as 
                follows:
                          (i) The membership of each board 
                        shall be representative of stakeholders 
                        in the region in which the Center is 
                        located.
                          (ii) A majority of the members of the 
                        board shall be selected from among 
                        individuals who own or are employed by 
                        small or medium-sized manufacturers.
                  (B) Limitation.--A member of a board 
                established under paragraph (1) may not serve 
                on more than 1 board established under that 
                paragraph.
          (4) Bylaws.--
                  (A) In general.--Each board established under 
                paragraph (1) shall adopt and submit to the 
                Director bylaws to govern the operation of the 
                board.
                  (B) Conflicts of interest.--Bylaws adopted 
                under subparagraph (A) shall include policies 
                to minimize conflicts of interest, including 
                such policies relating to disclosure of 
                relationships and recusal as may be necessary 
                to minimize conflicts of interest.
  [(l) Acceptance of Funds.--In addition to such sums as may be 
appropriated to the Secretary and Director to operate the 
Program, the Secretary and Director may also accept funds from 
other Federal departments and agencies and from the private 
sector under section 2(c)(7) of this Act (15 U.S.C. 272(c)(7)), 
to be available to the extent provided by appropriations Acts, 
for the purpose of strengthening United States manufacturing.]
  (l) Acceptance of Funds.--
          (1) In general.--In addition to such sums as may be 
        appropriated to the Secretary and Director to operate 
        the Program, the Secretary and Director may also accept 
        funds from other Federal departments and agencies, as 
        well as funds provided by the private sector pursuant 
        to section 2(c)(7) of this Act (15 U.S.C. 272(c)(7)), 
        to be available to the extent provided by 
        appropriations Acts, for the purpose of strengthening 
        United States manufacturing.
          (2) Competitive awards.--Funds accepted from other 
        Federal departments and agencies and from the private 
        sector under paragraph (1) shall be awarded 
        competitively by the Secretary and by the Director to 
        Manufacturing Extension Partnership Centers, provided 
        that the Secretary and Director may make non-
        competitive awards, pursuant to this section or section 
        25A, or as a non-competitive contract, as appropriate, 
        if the Secretary and the Director determine that--
                  (A) the manufacturing market or sector 
                targeted is limited geographically or in scope;
                  (B) the number of States (or territory, in 
                the case of Puerto Rico) with Manufacturing 
                Extension Partnership Centers serving 
                manufacturers of such market or sector is five 
                or fewer; and
                  (C) such Manufacturing Extension Partnership 
                Center or Centers has received a positive 
                evaluation in the most recent evaluation 
                conducted pursuant to subsection (g).
  (m) MEP Advisory Board.--
          (1) Establishment.--There is established within the 
        Institute a Manufacturing Extension Partnership 
        Advisory Board.
          (2) Membership.--
                  (A) Composition.--
                          (i) In general.--The MEP Advisory 
                        Board shall consist of not fewer than 
                        10 members appointed by the Director 
                        and broadly representative of 
                        stakeholders.
                          (ii) Requirements.--Of the members 
                        appointed under clause (i)--
                                  (I) at least 2 members shall 
                                be employed by or on an 
                                advisory board for a Center;
                                  (II) at least 5 members shall 
                                be from United States small 
                                businesses in the manufacturing 
                                sector; and
                                  (III) at least 1 member shall 
                                represent a community college.
                          (iii) Limitation.--No member of the 
                        MEP Advisory Board shall be an employee 
                        of the Federal Government.
                  (B) Term.--Except as provided in subparagraph 
                (C), the term of office of each member of the 
                MEP Advisory Board shall be 3 years.
                  (C) Vacancies.--Any member appointed to fill 
                a vacancy occurring prior to the expiration of 
                the term for which his predecessor was 
                appointed shall be appointed for the remainder 
                of such term.
                  (D) Serving consecutive terms.--Any person 
                who has completed 2 consecutive full terms of 
                service on the MEP Advisory Board shall 
                thereafter be ineligible for appointment during 
                the 1-year period following the expiration of 
                the second such term.
          (3) Meetings.--The MEP Advisory Board shall--
                  (A) meet not less than biannually; and
                  (B) provide to the Director--
                          (i) advice on the activities, plans, 
                        and policies of the Program;
                          (ii) assessments of the soundness of 
                        the plans and strategies of the 
                        Program; and
                          (iii) assessments of current 
                        performance against the plans of the 
                        Program.
          (4) FACA applicability.--
                  (A) In general.--In discharging its duties 
                under this subsection, the MEP Advisory Board 
                shall function solely in an advisory capacity, 
                in accordance with the Federal Advisory 
                Committee Act (5 U.S.C. App.).
                  (B) Exception.--Section 14 of the Federal 
                Advisory Committee Act shall not apply to the 
                MEP Advisory Board.
          (5) Annual report.--
                  (A) In general.--At a minimum, the MEP 
                Advisory Board shall transmit an annual report 
                to the Secretary for transmittal to Congress 
                not later than 30 days after the submission to 
                Congress of the President's annual budget under 
                section 1105 of title 31, United States Code.
                  (B) Contents.--The report shall address the 
                status of the Program and describe the relevant 
                sections of the programmatic planning document 
                and updates thereto transmitted to Congress by 
                the Director under subsections (c) and (d) of 
                section 23 (15 U.S.C. 278i).
  (n) Small Manufacturers.--
          (1) Evaluation of obstacles.--As part of the Program, 
        the Director shall--
                  (A) identify obstacles that prevent United 
                States-based small manufacturers from 
                effectively competing in the global market;
                  (B) implement a comprehensive plan to train 
                the Centers to address the obstacles identified 
                in paragraph (2); and
                  (C) facilitate improved communication between 
                the Centers to assist such manufacturers in 
                implementing appropriate, targeted solutions to 
                the obstacles identified in paragraph (2).
          (2) Development of open access resources.--As part of 
        the Program, the Secretary shall develop open access 
        resources that address best practices related to 
        inventory sourcing, supply chain management, 
        manufacturing techniques, available Federal resources, 
        and other topics to further the competitiveness and 
        profitability of small manufacturers.

SEC. 25A. COMPETITIVE AWARDS PROGRAM.

  (a) Establishment.--The Director shall establish within the 
Hollings Manufacturing Extension Partnership under section 25 
(15 U.S.C. 278k) and section 26 (15 U.S.C. 278l) a program of 
competitive awards among participants described in subsection 
(b) of this section for the purposes described in subsection 
(c).
  (b) Participants.--Participants receiving awards under this 
section shall be Centers, or a consortium of Centers.
  (c) Purpose, Themes, and Reimbursement.--
          (1) Purpose.--The purpose of the program established 
        under subsection (a) is to add capabilities to the 
        Hollings Manufacturing Extension Partnership, including 
        the development of projects to solve new or emerging 
        manufacturing problems as determined by the Director, 
        in consultation with the Director of the Hollings 
        Manufacturing Extension Partnership, the MEP Advisory 
        Board, other Federal agencies, and small and medium-
        sized manufacturers.
          (2) Themes.--The Director may identify 1 or more 
        themes for a competition carried out under this 
        section, which may vary from year to year, as the 
        Director considers appropriate after assessing the 
        needs of United States manufacturers and the success of 
        previous competitions.
          (3) Reimbursement.--Centers may be reimbursed for 
        costs incurred by the Centers under this section.
  (d) Applications.--Applications for awards under this section 
shall be submitted in such manner, at such time, and containing 
such information as the Director shall require in consultation 
with the MEP Advisory Board.
  (e) Selection.--
          (1) Peer review and competitively awarded.--The 
        Director shall ensure that awards under this section 
        are peer reviewed and competitively awarded.
          (2) Geographic diversity.--The Director shall 
        endeavor to have broad geographic diversity among 
        selected proposals.
          (3) Criteria.--The Director shall select applications 
        to receive awards that the Director determines will 
        achieve 1 or more of the following:
                  (A) Improve the competitiveness of industries 
                in the region in which the Center or Centers 
                are located.
                  (B) Create jobs or train newly hired 
                employees.
                  (C) Promote the transfer and 
                commercialization of research and technology 
                from institutions of higher education, national 
                laboratories or other federally funded research 
                programs, and nonprofit research institutes.
                  (D) Recruit a diverse manufacturing 
                workforce, including through outreach to 
                underrepresented populations, including 
                individuals identified in section 33 or section 
                34 of the Science and Engineering Equal 
                Opportunities Act (42 U.S.C. 1885a, 1885b).
                  (E) Such other result as the Director 
                determines will advance the objective set forth 
                in section 25(c) (15 U.S.C. 278k) or in section 
                26 (15 U.S.C. 278l).
  (f) Program Contribution.--Recipients of awards under this 
section shall not be required to provide a matching 
contribution.
  (g) Global Marketplace Projects.--In making an award under 
this section, the Director, in consultation with the MEP 
Advisory Board and the Secretary, may take into consideration 
whether an application has significant potential for enhancing 
the competitiveness of small and medium-sized United States 
manufacturers in the global marketplace.
  (h) Duration.--The duration of an award under this section 
shall be for not more than 3 years.
  (i) Definitions.--The terms used in this section have the 
meanings given the terms in section 25 (15 U.S.C. 278k).

SEC. 25B. EXPANSION AWARDS PILOT PROGRAM.

  (a) Definitions.--The terms used in this section have the 
meanings given the terms in section 25.
  (b) Establishment.--The Director shall establish as a part of 
the Hollings Manufacturing Extension Partnership a pilot 
program of expansion awards among participants described in 
subsection (c) of this section for the purposes described in 
subsection (e) of this section.
  (c) Participants.--Participants receiving awards under this 
section shall be Centers, or a consortium of Centers.
  (d) Award Amounts.--Subject to the availability of 
appropriations, an award for a recipient under this section 
shall be in an amount equal to the sum of the following:
          (1) Such amount as the Director considers appropriate 
        as a minimum base funding level for each award under 
        this section.
          (2) Such additional amount as the Director considers 
        in proportion to the manufacturing density of the 
        region of the recipient.
          (3) Such supplemental amounts as the Director 
        considers appropriate.
  (e) Purpose of Awards.--An award under this section shall be 
made for one or more of the following purposes:
          (1) To provide coordinating services on employee 
        engagement, including employee ownership and workforce 
        training, including connecting manufacturers with 
        career and technical education entities, institutions 
        of higher education (including community colleges), 
        workforce development boards, labor organizations, and 
        nonprofit job training providers to develop and support 
        training and job placement services, including 
        apprenticeship and online learning platforms, for new 
        and incumbent workers, programming to prevent job 
        losses when adopting new technologies and processes, 
        and development of employee ownership practices.
          (2) To provide services to improve the resiliency of 
        domestic supply chains and to mitigate vulnerabilities 
        to cyberattacks, including helping to offset the cost 
        of cybersecurity projects for small manufacturers.
          (3) To expand advanced technology services to United 
        States-based small- and medium-sized manufacturers, 
        which may include--
                  (A) developing advanced technology 
                demonstration laboratories for training and 
                demonstration in areas of supply chain and 
                critical technology needs, including a focus on 
                the demonstration of technologies developed by 
                companies based in the United States;
                  (B) services for the adoption of advanced 
                technologies, including smart manufacturing 
                technologies and practices; and
                  (C) establishing partnerships, for the 
                development, demonstration, and deployment of 
                advanced technologies, between United States-
                based small- and medium-sized manufacturers 
                and--
                          (i) national laboratories (as defined 
                        in section 2 of the Energy Policy Act 
                        of 2005 (42 U.S.C. 15801));
                          (ii) Federal laboratories;
                          (iii) Manufacturing USA institutes 
                        (as described in section 34(d)); and
                          (iv) institutions of higher 
                        education.
          (4) To build capabilities across the Hollings 
        Manufacturing Extension Partnership for domestic supply 
        chain resiliency and optimization, including--
                  (A) assessment of domestic manufacturing 
                capabilities, expanded capacity for researching 
                and deploying information on supply chain risk, 
                hidden costs of reliance on offshore suppliers, 
                redesigning products and processes to encourage 
                reshoring, and other relevant topics; and
                  (B) expanded services to provide industry-
                wide support that assists United States 
                manufacturers with reshoring manufacturing to 
                strengthen the resiliency of domestic supply 
                chains, including in critical technology areas 
                and foundational manufacturing capabilities 
                that are key to domestic manufacturing 
                competitiveness and resiliency, including 
                forming, casting, machining, joining, surface 
                treatment, and tooling.
  (f) Reimbursement.--The Director may reimburse Centers for 
costs incurred by the Centers under this section.
  (g) Applications.--Applications for awards under this section 
shall be submitted in such manner, at such time, and containing 
such information as the Director shall require in consultation 
with the Manufacturing Extension Partnership Advisory Board.
  (h) Selection.--
          (1) Reviewed and merit-based.--The Director shall 
        ensure that awards under this section are reviewed and 
        merit-based.
          (2) Geographic diversity.--The Director shall 
        endeavor to have broad geographic diversity among 
        selected proposals.
          (3) Criteria.--The Director shall select applications 
        consistent with the purposes identified pursuant to 
        subsection (e) to receive awards that the Director 
        determines will achieve one or more of the following:
                  (A) Improvement of the competitiveness of 
                industries in the region in which the Center or 
                Centers are located.
                  (B) Creation of jobs or training of newly 
                hired employees.
                  (C) Promotion of the transfer and 
                commercialization of research and technology 
                from institutions of higher education, national 
                laboratories, or other federally funded 
                research programs, and nonprofit research 
                institutes.
                  (D) Recruitment of a diverse manufacturing 
                workforce, including through outreach to 
                underrepresented populations, including 
                individuals identified in section 33 or section 
                34 of the Science and Engineering Equal 
                Opportunities Act (42 U.S.C. 1885a, 1885b).
                  (E) Any other result the Director determines 
                will advance the objective set forth in 
                sections 25(c) or 26.
  (i) Program Contribution.--Recipients of awards under this 
section shall not be required to provide a matching 
contribution.
  (j) Global Marketplace Projects.--In making an award under 
this section, the Director, in consultation with the 
Manufacturing Extension Partnership Advisory Board and the 
Secretary, may take into consideration whether an application 
has significant potential for enhancing the competitiveness of 
small and medium-sized United States manufacturers in the 
global marketplace.
  (k) Duration.--The Director shall ensure that the duration of 
an award under this section is aligned and consistent with a 
Center's cooperative agreement established in section 25(e).
  (l) Report.--After the completion of the pilot program under 
subsection (b) and not later than October 1, 2024, the Director 
shall submit to Congress a report that includes--
          (1) a summary description of what activities were 
        funded and the measurable outcomes of such activities;
          (2) a description of which types of activities under 
        paragraph (1) could be integrated into, and supported 
        under, the program under section 25;
          (3) a description of which types of activities under 
        paragraph (1) could be integrated into, and supported 
        under, the competitive awards program under section 
        25A; and
          (4) a recommendation, supported by a clear 
        explanation, as to whether the pilot program should be 
        continued.

           *       *       *       *       *       *       *


SEC. 35. ADVANCED COMMUNICATIONS RESEARCH ACTIVITIES.

  (a) Advanced Communications Research.--
          (1) In general.--The Director, in consultation with 
        the Administrator of the National Telecommunications 
        and Information Administration, the Director of the 
        National Science Foundation, and heads of other Federal 
        agencies, as appropriate, shall carry out a program of 
        measurement research to inform the development of 
        common definitions, benchmarks, best practices, 
        methodologies, and voluntary, consensus-based technical 
        standards for advanced communications technologies.
          (2) Research areas.--Research areas may include--
                  (A) radio frequency emissions and 
                interference, including technologies and 
                techniques to mitigate such emissions;
                  (B) advanced antenna arrays and artificial 
                intelligence systems capable of operating 
                advanced antenna arrays;
                  (C) artificial intelligence systems to enable 
                internet of things networks, immersive 
                technology, and other advanced communications 
                technologies;
                  (D) network sensing and monitoring 
                technologies;
                  (E) technologies to enable spectrum 
                flexibility and agility;
                  (F) optical and quantum communications 
                technologies;
                  (G) security of advanced communications 
                systems and their supply chains;
                  (H) public safety communications;
                  (I) resilient internet of things applications 
                for advanced manufacturing; and
                  (J) other research areas deemed necessary by 
                the Director.
          (3) Test beds.--In coordination with the private 
        sector and other Federal agencies as appropriate, the 
        Director may develop and manage testbeds for research 
        and development of advanced communications 
        technologies, avoiding duplication of existing testbeds 
        run by other agencies or the private sector.
          (4) Outreach.--In carrying out the activities under 
        this subsection, the Director shall seek input from 
        other Federal agencies and from private sector 
        stakeholders, on an ongoing basis, to help inform 
        research and development priorities, including through 
        workshops and other multi-stakeholder activities.
          (5) Technical roadmaps.--In carrying out the 
        activities under this subsection, the Director shall 
        convene industry, institutions of higher education, 
        nonprofit organizations, Federal laboratories, and 
        other Federal agencies engaged in advanced 
        communications research and development to develop, and 
        periodically update, coordinated technical roadmaps for 
        advanced communications research in priority areas, 
        such as those described in paragraph (2).
  (b) National Advanced Spectrum and Communications Test 
Network.--
          (1) In general.--The Director, in coordination with 
        the Administrator of the National Telecommunications 
        and Information Administration and heads of other 
        Federal agencies, as appropriate, shall operate a 
        national network of government, academic, and 
        commercial test capabilities and facilities to be known 
        as the National Advanced Spectrum and Commutations Test 
        Network (referred to in this section as `NASCTN').
          (2) Purposes.--NASCTN shall be for the purposes of 
        facilitating and coordinating the use of intellectual 
        capacity, modeling and simulation, laboratory 
        facilities, and test facilities to meet national 
        spectrum interests and challenges, including--
                  (A) measurements and analyses of 
                electromagnetic propagation, radio systems 
                characteristics, and operating techniques 
                affecting the utilization of the 
                electromagnetic spectrum in coordination with 
                specialized, related research and analysis 
                performed by other Federal agencies in their 
                areas of responsibility;
                  (B) Conducting research and analysis in the 
                general field of telecommunications sciences in 
                support of the Institute's mission and in 
                support of other Government agencies;
                  (C) developing methodologies for testing, 
                measuring, and setting guidelines for 
                interference;
                  (D) conducting interference tests to better 
                understand the impact of Federal and commercial 
                spectrum activities;
                  (E) conducting research and testing to 
                improve spectrum interference tolerance, 
                flexibility, and agility; and
                  (F) other activities as deemed necessary by 
                the Director.
          (3) Partnerships with other federal agencies.--In 
        addition to such sums as may be authorized to be 
        appropriated or otherwise made available to carry out 
        this section, the Director may accept funds from other 
        departments and agencies of the Federal Government, and 
        from the State and local governments, to operate NASCTN 
        under this section.
  Sec. [35.]  36. This Act may be cited as the National 
Institute of Standards and Technology Act.
                              ----------                              


                 CYBERSECURITY ENHANCEMENT ACT OF 2014




           *       *       *       *       *       *       *
TITLE V--ADVANCEMENT OF CYBERSECURITY TECHNICAL STANDARDS

           *       *       *       *       *       *       *


[SEC. 504. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.

  [The Director shall continue a program to support the 
development of voluntary and cost-effective technical 
standards, metrology, testbeds, and conformance criteria, 
taking into account appropriate user concerns--
          [(1) to improve interoperability among identity 
        management technologies;
          [(2) to strengthen authentication methods of identity 
        management systems;
          [(3) to improve privacy protection in identity 
        management systems, including health information 
        technology systems, through authentication and security 
        protocols; and
          [(4) to improve the usability of identity management 
        systems.]

SEC. 504. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.

  (a) In General.--The Director shall carry out a program of 
research to support the development of voluntary, consensus-
based technical standards, best practices, benchmarks, 
methodologies, metrology, testbeds, and conformance criteria 
for identity management, taking into account appropriate user 
concerns--
          (1) to improve interoperability and portability among 
        identity management technologies;
          (2) to strengthen identity proofing and verification 
        methods used in identity management systems;
          (3) to improve privacy protection in identity 
        management systems through authentication and security 
        protocols; and
          (4) to monitor and improve the accuracy, usability, 
        and inclusivity of identity management systems.
  (b) Digital Identity Technical Roadmap.--The Director, in 
consultation with other relevant Federal agencies and 
stakeholders from the private sector, shall develop and 
maintain a technical roadmap for digital identity management 
research and development focused on enabling the voluntary use 
and adoption of modern digital identity solutions that align 
with the four criteria in subsection (a).
  (c) Digital Identity Management Guidance.--
          (1) In general.--The Director shall develop, and 
        periodically update, in collaboration with other public 
        and private sector organizations, common definitions 
        and voluntary guidance for digital identity management 
        systems.
          (2) Guidance.--The Guidance shall--
                  (A) align with the four criteria in 
                subsection (a), as practicable;
                  (B) provide case studies of implementation of 
                guidance;
                  (C) incorporate voluntary technical standards 
                and industry best practices; and
                  (D) not prescribe or otherwise require the 
                use of specific technology products or 
                services.
          (3) Consultation.--In carrying out this subsection, 
        the Director shall consult with--
                  (A) Federal and State agencies;
                  (B) industry;
                  (C) potential end-users and individuals that 
                will use services related to digital identity 
                verification; and
                  (D) experts with relevant experience in the 
                systems that enable digital identity 
                verification, as determined by the Director.
                              ----------                              


                    NATIONAL QUANTUM INITIATIVE ACT




           *       *       *       *       *       *       *
   TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY QUANTUM 
                               ACTIVITIES

SEC. 201. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIVITIES AND 
                    QUANTUM CONSORTIUM.

  (a) National Institute of Standards and Technology 
Activities.--As part of the Program, the Director of the 
National Institute of Standards and Technology--
          (1) shall continue to support and expand basic and 
        applied quantum information science and technology 
        research and development of measurement and standards 
        infrastructure necessary to advance commercial 
        development of quantum applications;
          (2) shall use the existing programs of the National 
        Institute of Standards and Technology, in collaboration 
        with other Federal departments and agencies, as 
        appropriate, to train scientists in quantum information 
        science and technology to increase participation in the 
        quantum fields;
          (3) shall carry out research to facilitate the 
        development and standardization of quantum cryptography 
        and post-quantum classical cryptography;
          (4) shall carry out research to facilitate the 
        development and standardization of quantum networking 
        and communications technologies and applications, 
        including--
                  (A) quantum repeater technology;
                  (B) quantum network traffic management;
                  (C) quantum transduction;
                  (D) long baseline entanglement and 
                teleportation; and
                  (E) such other technologies, processes, or 
                applications as the Director considers 
                appropriate;
          (5) shall, for quantum technologies deemed by the 
        Director to be at a readiness level sufficient for 
        standardization, the Director shall provide technical 
        review and assistance to such other Federal agencies as 
        the Director considers appropriate for the development 
        of quantum network infrastructure standards;
          [(3)] (6) shall establish or expand collaborative 
        ventures or consortia with other public or private 
        sector entities, including industry, universities, and 
        Federal laboratories for the purpose of advancing the 
        field of quantum information science and engineering; 
        and
          [(4)] (7) may enter into and perform such contracts, 
        including cooperative research and development 
        arrangements and grants and cooperative agreements or 
        other transactions, as may be necessary in the conduct 
        of the work of the National Institute of Standards and 
        Technology and on such terms as the Director considers 
        appropriate, in furtherance of the purposes of this 
        Act.
  (b) Quantum Consortium.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this Act, the Director of the National 
        Institute of Standards and Technology shall convene a 
        consortium of stakeholders to identify the future 
        measurement, standards, cybersecurity, and other 
        appropriate needs for supporting the development of a 
        robust quantum information science and technology 
        industry in the United States.
          (2) Goals.--The goals of the consortium shall be--
                  (A) to assess the current research on the 
                needs identified in paragraph (1);
                  (B) to identify any gaps in the research 
                necessary to meet the needs identified in 
                paragraph (1); and
                  (C) to provide recommendations on how the 
                National Institute of Standards and Technology 
                and the Program can address the gaps in the 
                necessary research identified in subparagraph 
                (B).
          (3) Report to congress.--Not later than 2 years after 
        the date of enactment of this Act, the Director of the 
        National Institute of Standards and Technology shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Science, Space, and Technology of the House of 
        Representatives a report summarizing the findings of 
        the consortium.
  (c) Funding.--The Director of the National Institute of 
Standards and Technology shall allocate up to $80,000,000 to 
carry out the activities under this section for each of fiscal 
years 2019 through 2023, subject to the availability of 
appropriations. Amounts made available to carry out this 
section shall be derived from amounts appropriated or otherwise 
made available to the National Institute of Standards and 
Technology.

           *       *       *       *       *       *       *

                              ----------                              


 NATIONAL BUREAU OF STANDARDS AUTHORIZATION OF ACT FOR FISCAL YEAR 1983


           activities performed for  and with other agencies

  Sec. 8. [The Secretary of Commerce] (a) In General._The 
Secretary of Commerce  shall charge for any service performed 
by the Bureau, at the request of another Government agency, in 
compliance with any statute, enacted before, on, or after the 
date of enactment of this Act, which names the Secretary or the 
Bureau as a consultant to another Government agency, or calls 
upon the Secretary or the Bureau to support or perform any 
activity for or on behalf of another Government agency, or to 
cooperate with any Government agency in the performance by that 
agency of any activity, regardless of whether the statute 
specifically requires reimbursement to the Secretary or the 
Bureau by such other Government agency for such service, unless 
funds are specifically appropriated to the Secretary or the 
Bureau to perform such service. The Secretary may, however, 
waive any charge where the service rendered by the Bureau is 
such that the Bureau will incur only nominal costs in 
performing it. Costs shall be determined in accordance with 
section 12(e) of the Act of March 3, 901, as amended (15 U.S.C. 
278b(e)). The Secretary may accept, apply for, use, and spend 
Federal, State, and non-governmental funds to further the 
mission of the Institute without regard to the source or the 
period of availability of these funds as well as share 
personnel, associates, facilities, and property with these 
partner organizations, with or without reimbursement, upon 
mutual agreement.
  (b) Report.--For each fiscal year beginning with fiscal year 
2022, not later than 90 days after submission of the 
President's annual budget request for such fiscal year, the 
Director shall submit to the Committee on Science, Space, and 
Technology and the Committee on Appropriations of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee of Appropriations of the 
Senate a description of any appropriated funds, under this 
authority, carried over from the year in which such funds were 
appropriated.
                              ----------                              


           STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980




           *       *       *       *       *       *       *
SEC. 17. MALCOLM BALDRIGE NATIONAL QUALITY AWARD.

  (a) Establishment.--There is hereby established the Malcolm 
Baldrige National Quality Award, which shall be evidenced by a 
medal bearing the inscriptions ``Malcolm Baldrige National 
Quality Award'' and ``The Quest for Excellence''. The medal 
shall be of such design and materials and bear such additional 
inscriptions as the Secretary may prescribe.
  (b) Making and Presentation of Award.--(1) The President (on 
the basis of recommendations received from the Secretary), or 
the Secretary, shall periodically make the award to companies 
and other organizations which in the judgment of the President 
or the Secretary have substantially benefited the economic or 
social well-being of the United States through improvements in 
the quality of their goods or services resulting from the 
effective practice of quality management, and which as a 
consequence are deserving of special recognition.
  (2) The presentation of the award shall be made by the 
President or the Secretary with such ceremonies as the 
President or the Secretary may deem proper.
  (3) An organization to which an award is made under this 
section, and which agrees to help other American organizations 
improve their quality management, may publicize its receipt of 
such award and use the award in its advertising, but it shall 
be ineligible to receive another such award in the same 
category for a period of 5 years.
  (c) Categories in Which Award May be Given.--(1) Subject to 
paragraph (2), separate awards shall be made to qualifying 
organizations in each of the following categories--
          (A) Small businesses.
          (B) Companies or their subsidiaries.
          (C) Companies which primarily provide services.
          (D) Health care providers.
          (E) Education providers.
          (F) Nonprofit organizations.
          (G) Community.
  (2) The Secretary may at any time expand, subdivide, or 
otherwise modify the list of categories within which awards may 
be made as initially in effect under paragraph (1), and may 
establish separate awards for other organizations including 
units of government, upon a determination that the objectives 
of this section would be better served thereby; except that any 
such expansion, subdivision, modification, or establishment 
shall not be effective unless and until the Secretary has 
submitted a detailed description thereof to the Congress and a 
period of 30 days has elapsed since that submission.
  (3) In any year, not more than 18 awards may be made under 
this section to recipients who have not previously received an 
award under this section, and no award shall be made within any 
category described in paragraph (1) if there are no qualifying 
enterprises in that category.
  (d) Criteria for Qualification.--(1) An organization may 
qualify for an award under this section only if it--
          (A) applies to the Director of the National Institute 
        of Standards and Technology in writing, for the award,
          (B) permits a rigorous evaluation of the way in which 
        its business and other operations have contributed to 
        improvements in the quality of goods and services, and
          (C) meets such requirements and specifications as the 
        Secretary, after receiving recommendations from the 
        Board of Overseers established under paragraph (2)(B) 
        and the Director of the National Institute of Standards 
        and Technology, determines to be appropriate to achieve 
        the objectives of this section.
In applying the provisions of subparagraph (C) with respect to 
any organization, the Director of the National Institute of 
Standards and Technology shall rely upon an intensive 
evaluation by a competent board of examiners which shall review 
the evidence submitted by the organization and, through a site 
visit, verify the accuracy of the quality improvements claimed. 
The examination should encompass all aspects of the 
organization's current practice of quality management, as well 
as the organization's provision for quality management in its 
future goals. The award shall be given only to organizations 
which have made outstanding improvements in the quality of 
their goods or services (or both) and which demonstrate 
effective quality management through the training and 
involvement of all levels of personnel in quality improvement.
  (2)(A) The Director of the National Institute of Standards 
and Technology shall, under appropriate contractual 
arrangements, carry out the Director's responsibilities under 
subparagraphs (A) and (B) of paragraph (1) through one or more 
broad-based nonprofit entities which are leaders in the field 
of quality management and which have a history of service to 
society.
  (B) The Secretary shall appoint a board of overseers for the 
award, consisting of at least five persons selected for their 
preeminence in the field of quality management. This board 
shall meet annually to review the work of the contractor or 
contractors and make such suggestions for the improvement of 
the award process as they deem necessary. The board shall 
report the results of the award activities to the Director of 
the National Institute of Standards and Technology each year, 
along with its recommendations for improvement of the process.
  (e) Information and Technology Transfer Program.--The 
Director of the National Institute of Standards and Technology 
shall ensure that all program participants receive the complete 
results of their audits as well as detailed explanations of all 
suggestions for improvements. The Director shall also provide 
information about the awards and the successful quality 
improvement strategies and programs of the award-winning 
participants to all participants and other appropriate groups.
  (f) Funding.--The Secretary is authorized to seek and accept 
gifts from public and private sources to carry out the program 
under this section. If additional sums are needed to cover the 
full cost of the program, the Secretary shall impose fees upon 
the organizations applying for the award in amounts sufficient 
to provide such additional sums. The Director is authorized to 
use appropriated funds to carry out responsibilities under this 
Act.
  (g) Report.--The Secretary shall prepare and submit to the 
President and the Congress, within 3 years after the date of 
the enactment of this section, a report on the progress, 
findings, and conclusions of activities conducted pursuant to 
this section along with recommendations for possible 
modifications thereof.

           *       *       *       *       *       *       *


SEC. 23. USE OF PARTNERSHIP INTERMEDIARIES.

  (a) Authority.--Subject to the approval of the Secretary or 
head of the affected department or agency, the Director of a 
Federal laboratory, or in the case of a federally funded 
research and development center, the Federal employee who is 
the contract officer, may--
          (1) accept, apply for, use, and spend Federal, State, 
        and nongovernmental acquisition and assistance funds to 
        further the purposes of this Act as well as share 
        personnel, associates, facilities, and property with 
        these partner organizations, with or without 
        reimbursement, upon mutual agreement: Provided, That 
        the approving official may waive statutory and 
        regulatory administrative provisions so that a single 
        agency may administer a joint program, upon mutual 
        agreement;
          [(1)] (2) enter into a contract or memorandum of 
        understanding with a partnership intermediary that 
        provides for the partnership intermediary to perform 
        services for the Federal laboratory that increase the 
        likelihood of success in the conduct of cooperative or 
        joint activities of such Federal laboratory with small 
        business firms, institutions of higher education as 
        defined in section 1201(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1141(a)), or educational 
        institutions within the meaning of section 2194 of 
        title 10, United States Code; and
          [(2)] (3) pay the Federal costs of such contract or 
        memorandum of understanding out of funds available for 
        the support of the technology transfer function 
        pursuant to section 11(b) of this Act.
  (b) Partnership Progress Reports.--The Secretary shall 
include in each triennial report required under section 6(d) of 
this Act a discussion and evaluation of the activities carried 
out pursuant to this section during the period covered by the 
report.
  (c) Definition.--For purposes of this section, the term 
``partnership intermediary'' means an agency of a State or 
local government, or a nonprofit entity owned in whole or in 
part by, chartered by, funded in whole or in part by, or 
operated in whole or in part by or on behalf of a State or 
local government, that assists, counsels, advises, evaluates, 
or otherwise cooperates with small business firms, institutions 
of higher education as defined in section 1201(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1141(a)), or educational 
institutions within the meaning of section 2194 of title 10, 
United States Code, that need or can make demonstrably 
productive use of technology-related assistance from a Federal 
laboratory, including State programs receiving funds under 
cooperative agreements entered into under section 5121(b) of 
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 
2781 note).

           *       *       *       *       *       *       *

                              ----------                              


              AMERICAN INNOVATION AND COMPETITIVENESS ACT


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``American 
Innovation and Competitiveness Act''.
  (b) Table of Contents.--The table of contents of this Act is 
as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                   TITLE I--MAXIMIZING BASIC RESEARCH

     * * * * * * *
[Sec. 113. NIST campus security.]

           *       *       *       *       *       *       *


TITLE I--MAXIMIZING BASIC RESEARCH

           *       *       *       *       *       *       *


[SEC. 113. NIST CAMPUS SECURITY.

  [(a) Supervisory Authority.--The Department of Commerce 
Office of Security shall directly manage the law enforcement 
and site security programs of NIST through an assigned Director 
of Security for NIST without increasing the number of full-time 
equivalent employees of the Department of Commerce, including 
NIST.
  [(b) Reports.--The Director of Security for NIST shall 
provide an activities and security report on a quarterly basis 
for the first year after the date of enactment of this Act, and 
on an annual basis thereafter, to the Under Secretary for 
Standards and Technology and the appropriate committees of 
Congress.]

           *       *       *       *       *       *       *

                              ----------                              


   SECTION 4 OF THE FEDERAL ENERGY MANAGEMENT IMPROVEMENT ACT OF 1988


SEC. 4. PENALTIES FOR ENTERING INTO COMMERCE OF IMITATION FIREARMS.

  (a) It shall be unlawful for any person to manufacture, enter 
into commerce, ship, transport, or receive any toy, look-alike, 
or imitation firearm unless such firearm contains, or has 
affixed to it, a marking approved by the [Secretary of 
Commerce] Consumer Product Safety Commission, as provided in 
subsection (b).
  (b)(1) Except as provided in paragraph (2) or (3), each toy, 
look- alike, or imitation firearm shall have as an integral 
part, permanently affixed, a blaze orange plug inserted in the 
barrel of such toy, look-alike, or imitation firearm. Such plug 
shall be recessed no more than 6 millimeters from the muzzle 
end of the barrel of such firearm.
  (2) The [Secretary of Commerce] Consumer Product Safety 
Commission may provide for an alternate marking or device for 
any toy, look-alike, or imitation firearm not capable of being 
marked as provided in paragraph (1) and may waive the 
requirement of any such marking or device for any toy, 
lookalike, or imitation firearm that will only be used in the 
theatrical, movie or television industry.
  (3) The [Secretary] Consumer Product Safety Commission is 
authorized to make adjustments and changes in the marking 
system provided for by this section, after consulting with 
interested persons.
  (c) For purposes of this section, the term ``look-alike 
firearm'' means any imitation of any original firearm which was 
manufactured, designed, and produced since 1898, including and 
limited to toy guns, water guns, replica nonguns, and air-soft 
guns firing nonmetallic projectiles. Such term does not include 
any look-alike, nonfiring, collector replica of an antique 
firearm developed prior to 1898, or traditional B-B, paint-
ball, or pellet-firing air guns that expel a projectile through 
the force of air pressure.
  (d) The Director of the Bureau of Justice Statistics is 
authorized and directed to conduct a study of the criminal 
misuse of toy, lookalike and imitation firearms, including 
studying police reports of such incidences and shall report on 
such incidences relative to marked and unmarked firearms.
  [(c)] (e) The Director of National Institute of Justice is 
authorized and directed to conduct a technical evaluation of 
the marking systems provided for in subsection (b) to determine 
their effectiveness in police combat situations. The Director 
shall begin the study within 3 months after the date of 
enactment of this section and such study shall be completed 
within 9 months after such date of enactment.
  (f) This section shall become effective on the date 6 months 
after the date of its enactment and shall apply to toy, look-
alike, and imitation firearms manufactured or entered into 
commerce after such date of enactment.
  (g) The provisions of this section shall supersede any 
provision of State or local laws or ordinances which provide 
for markings or identification inconsistent with provisions of 
this section provided that no State shall--
          [(i)] (1) prohibit the sale or manufacture of any 
        look-alike, nonfiring, collector replica of an antique 
        firearm developed prior to 1898, or
          [(ii)] (2) prohibit the sale (other than prohibiting 
        the sale to minors) of traditional B-B, paint ball, or 
        pellet-firing air guns that expel a projectile through 
        the force of air pressure.
        	
        	
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