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H.R. 4609: National Institute of Standards and Technology for the Future Act of 2021


The text of the bill below is as of Feb 18, 2022 (Reported by House Committee).


IB

Union Calendar No. 177

117th CONGRESS

2d Session

H. R. 4609

[Report No. 117–247]

IN THE HOUSE OF REPRESENTATIVES

July 21, 2021

(for herself, Mr. Waltz, Ms. Johnson of Texas, and Mr. Lucas) introduced the following bill; which was referred to the Committee on Science, Space, and Technology

February 18, 2022

Additional sponsors: Ms. Bonamici, Mr. Bowman, Mrs. Kim of California, Mr. Garamendi, Mr. Fitzpatrick, Ms. Moore of Wisconsin, Mr. Foster, Mr. Trone, Ms. Ross, Mr. Auchincloss, Mr. Posey, Mr. Cohen, and Mr. Moulton

February 18, 2022

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on July 21, 2021


A BILL

To reauthorize the National Institute of Standards and Technology, and for other purposes.


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.

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.

I

APPROPRIATIONS

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).

II

MEASUREMENT RESEARCH

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.

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.

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

.

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.

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:

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.

.

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.

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.

.

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

.

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.

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:

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.

.

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.

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;

.

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.

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.

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.

III

GENERAL ACTIVITIES

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.

.

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.

.

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;

.

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.

.

305.

Hiring critical technical experts

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

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.

.

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.

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.

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).

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.

IV

Hollings Manufacturing Extension Partnership

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:

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.

.

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.

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.

February 18, 2022

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed