[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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