[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5639 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 5639
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2016
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To update the National Institute of Standards and Technology Act, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute of Standards and
Technology Improvement Act of 2016''.
SEC. 2. STANDARDS AND CONFORMITY ASSESSMENT.
Section 2 of the National Institute of Standards and Technology Act
(15 U.S.C. 272) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``authorized to take'' and inserting
``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'';
(B) in paragraph (3), by striking ``compare
standards'' and all that follows through ``Federal
Government'' and inserting ``facilitate standards-
related information sharing and cooperation between
Federal agencies''; and
(C) in paragraph (13), by striking ``Federal,
State, and local'' and all that follows through
``private sector'' and inserting ``technical standards
activities and conformity assessment activities of
Federal, State, and local governments with private
sector''; and
(2) in subsection (c)--
(A) in paragraph (22), by striking ``and'' after
the semicolon;
(B) by redesignating paragraph (23) as paragraph
(25); and
(C) by inserting after paragraph (22) the
following:
``(23) participate in and support scientific and technical
conferences;
``(24) perform pre-competitive measurement science and
technology research in partnership with institutions of higher
education and industry to promote United States industrial
competitiveness; and''.
SEC. 3. VISITING COMMITTEE ON ADVANCED TECHNOLOGY.
Section 10 of the National Institute of Standards and Technology
Act (15 U.S.C. 278) is amended--
(1) in subsection (a)--
(A) by striking ``15 members'' and inserting ``not
fewer than 11 members'';
(B) by striking ``at least 10'' and inserting ``at
least two-thirds''; and
(C) by adding at the end the following: ``The
Committee may consult with the National Research
Council in making recommendations regarding general
policy for the Institute.''; and
(2) in subsection (h)(1), by striking ``, including the
Program established under section 28,''.
SEC. 4. POLICE AND SECURITY AUTHORITY.
Section 15 of the National Institute of Standards and Technology
Act (15 U.S.C. 278e) is amended--
(1) by striking ``of the Government; and'' and inserting
``of the Government;''; and
(2) by striking ``United States Code.'' and inserting
``United States Code; and (i) the protection of Institute
buildings and other plant facilities, equipment, and property,
and of employees, associates, visitors, or other persons
located therein or associated therewith, notwithstanding any
other provision of law.''.
SEC. 5. EDUCATION AND OUTREACH.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by striking sections 18, 19, and 19A and
inserting the following:
``SEC. 18. EDUCATION AND OUTREACH.
``(a) In General.--The Director may support, promote, and
coordinate activities and efforts to enhance public awareness and
understanding of measurement sciences, standards, and technology by the
general public, industry, government, and academia in support of the
Institute's mission.
``(b) Research Fellowships.--
``(1) In general.--The Director may award research
fellowships and other forms of financial and logistical
assistance, including direct stipend awards, to--
``(A) students at institutions of higher education
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.
``(2) Selection.--The Director shall select persons to
receive such fellowships and assistance on the basis of ability
and of the relevance of the proposed work to the mission and
programs of the Institute.
``(3) Definition.--For the purposes of this subsection,
financial and logistical assistance includes, notwithstanding
section 1345 of title 31, United States Code, or any contrary
provision of law, temporary housing and local transportation to
and from the Institute facilities.
``(c) Post-Doctoral Fellowship Program.--The Director shall
establish and conduct a post-doctoral fellowship program, subject to
the availability of appropriations, that shall include not fewer than
20 fellows per fiscal year. In evaluating applications for fellowships
under this subsection, the Director shall give consideration to the
goal of promoting the participation of underrepresented students in
research areas supported by the Institute.''.
SEC. 6. PROGRAMMATIC PLANNING REPORT.
Section 23(d) of the National Institute of Standards and Technology
Act (15 U.S.C. 278i(d)) is amended by adding at the end the following:
``The 3-year programmatic planning document shall also describe how the
Director is addressing recommendations from the Visiting Committee on
Advanced Technology established under section 10.''.
SEC. 7. ASSESSMENTS BY THE NATIONAL RESEARCH COUNCIL.
(a) National Academy of Sciences Review.--Not later than 6 months
after the date of enactment of this Act, the Director of the National
Institute of Standards and Technology shall enter into a contract with
the National Academy of Sciences to conduct a single, comprehensive
review of the Institute's laboratory programs. The review shall--
(1) assess the technical merits and scientific caliber of
the research conducted at the laboratories;
(2) examine the strengths and weaknesses of the 2010
laboratory reorganization on the Institute's ability to fulfill
its mission;
(3) evaluate how crosscutting research and development
activities are planned, coordinated, and executed across the
laboratories; and
(4) assess how the laboratories are engaging industry,
including the incorporation of industry need, into the research
goals and objectives of the Institute.
(b) Additional Assessments.--Section 24 of the National Institute
of Standards and Technology Act (15 U.S.C. 278j) is amended to read as
follows:
``SEC. 24. ASSESSMENTS BY THE NATIONAL RESEARCH COUNCIL.
``(a) In General.--The Institute shall contract with the National
Research Council to perform and report on assessments of the technical
quality and impact of the work conducted at Institute laboratories.
``(b) Schedule.--Two laboratories shall be assessed under
subsection (a) each year, and each laboratory shall be assessed at
least once every 3 years.
``(c) Summary Report.--Beginning in the year after the first
assessment is conducted under subsection (a), and once every 2 years
thereafter, the Institute shall contract with the National Research
Council to prepare a report that summarizes the findings common across
the individual assessment reports.
``(d) Additional Assessments.--The Institute, at the discretion of
the Director, also may contract with the National Research Council to
conduct additional assessments of Institute programs and projects that
involve collaboration across the Institute laboratories and centers and
assessments of selected scientific and technical topics.
``(e) Consultation With Visiting Committee on Advanced
Technology.--The National Research Council may consult with the
Visiting Committee on Advanced Technology established under section 10
in performing the assessments under this section.
``(f) Reports.--Not later than 30 days after the completion of each
assessment, the Institute shall transmit the report on such assessment
to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.''.
SEC. 8. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.
Section 25 of the National Institute of Standards and Technology
Act (15 U.S.C. 278k) is amended to read as follows:
``SEC. 25. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.
``(a) Establishment and Purpose.--
``(1) In general.--The Secretary, through the Director and,
if appropriate, through other officials, shall provide
assistance for the creation and support of manufacturing
extension centers, to be known as the `Hollings Manufacturing
Extension Centers', for the transfer of manufacturing
technology and best business practices (in this Act referred to
as the `Centers'). The program under this section shall be
known as the `Hollings Manufacturing Extension Partnership'.
``(2) Affiliations.--Such Centers shall be affiliated with
any United States-based public or nonprofit institution or
organization, or group thereof, that applies for and is awarded
financial assistance under this section.
``(3) Objective.--The objective of the Centers is to
enhance competitiveness, productivity, and technological
performance in United States manufacturing through--
``(A) the transfer of manufacturing technology and
techniques developed at the Institute to Centers and,
through them, to manufacturing companies throughout the
United States;
``(B) 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;
``(C) efforts to make new manufacturing technology
and processes usable by United States-based small- and
medium-sized companies;
``(D) the active dissemination of scientific,
engineering, technical, and management information
about manufacturing to industrial firms, including
small- and medium-sized manufacturing companies;
``(E) the utilization, when appropriate, of the
expertise and capability that exists in Federal
laboratories other than the Institute;
``(F) the provision to community colleges and area
career and technical education schools of information
about the job skills needed in small- and medium-sized
manufacturing businesses in the regions they serve; and
``(G) promoting and expanding certification systems
offered through industry, associations, and local
colleges, when appropriate.
``(b) Activities.--The activities of the Centers shall include--
``(1) the establishment of automated manufacturing systems
and other advanced production technologies, 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 companies and
enterprises, particularly small- and medium-sized
manufacturers; and
``(3) the facilitation of collaborations and partnerships
between small- and medium-sized manufacturing companies and
community colleges and area career and technical education
schools to help such colleges and schools 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.
``(c) Operations.--
``(1) Financial support.--The Secretary may provide
financial support to any Center created under subsection (a).
The Secretary may not provide to a Center more than 50 percent
of the capital and annual operating and maintenance funds
required to create and maintain such Center.
``(2) Regulations.--The Secretary shall implement, review,
and update the sections of the Code of Federal Regulations
related to this section at least once every 3 years.
``(3) Application.--
``(A) In general.--Any nonprofit institution, or
consortium thereof, or State or local government, may
submit to the Secretary an application for financial
support under this section, in accordance with the
procedures established by the Secretary.
``(B) Cost sharing.--In order to receive assistance
under this section, an applicant for financial
assistance under subparagraph (A) shall provide
adequate assurances that non-Federal assets obtained
from the applicant and the applicant's partnering
organizations will be used as a funding source to meet
not less than 50 percent of the costs incurred. For
purposes of the preceding sentence, the costs incurred
means the costs incurred in connection with the
activities undertaken to improve the competitiveness,
management, productivity, and technological performance
of small- and medium-sized manufacturing companies.
``(C) Agreements with other entities.--In meeting
the 50 percent requirement, it is anticipated that a
Center will enter into agreements with other entities
such as private industry, institutions of higher
education, and State governments to accomplish
programmatic objectives and access new and existing
resources that will further the impact of the Federal
investment made on behalf of small- and medium-sized
manufacturing companies.
``(D) Legal rights.--Each applicant under
subparagraph (A) shall also submit a proposal for the
allocation of the legal rights associated with any
invention which may result from the proposed Center's
activities.
``(4) Merit review.--The Secretary shall subject each such
application to merit review. In making a decision whether to
approve such application and provide financial support under
this section, the Secretary shall consider, at a minimum, the
following:
``(A) 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.
``(B) The quality of service to be provided.
``(C) Geographical diversity and extent of service
area.
``(D) The percentage of funding and amount of in-
kind commitment from other sources.
``(5) Evaluation.--
``(A) In general.--Each Center that receives
financial assistance under this section shall be
evaluated during its third year of operation by an
evaluation panel appointed by the Secretary.
``(B) Composition.--Each such evaluation panel
shall be composed of private experts, none of whom
shall be connected with the involved Center, and
Federal officials.
``(C) Chair.--An official of the Institute shall
chair the panel.
``(D) Performance measurement.--Each evaluation
panel shall measure the involved Center's performance
against the objectives specified in this section.
``(E) Positive evaluation.--If the evaluation is
positive, the Secretary may provide continued funding
through the sixth year.
``(F) Probation.--The Secretary shall not provide
funding unless the Center has received a positive
evaluation. A Center that has not received a positive
evaluation by the evaluation panel shall be notified by
the panel of the deficiencies in its performance and
shall be placed on probation for 1 year, after which
time the panel shall reevaluate the Center. If the
Center has not addressed the deficiencies identified by
the panel, or shown a significant improvement in its
performance, the Director shall conduct a new
competition to select an operator for the Center or may
close the Center.
``(G) Additional financial support.--After the
sixth year, a Center may receive additional financial
support under this section if it has received a
positive evaluation through an independent review,
under procedures established by the Institute.
``(H) Eight-year review.--A Center shall undergo an
independent review in the eighth year of operation.
Each evaluation panel shall measure the Center's
performance against the objectives specified in this
section. A Center that has not received a positive
evaluation as a result of an independent review shall
be notified by the Program of the deficiencies in its
performance and shall be placed on probation for 1
year, after which time the Program shall reevaluate the
Center. If the Center has not addressed the
deficiencies identified by the review, or shown a
significant improvement in its performance, the
Director shall conduct a new competition to select an
operator for the Center or may close the Center.
``(I) Recompetition.--If a recipient of a Center
award has received financial assistance for 10
consecutive years, the Director shall conduct a new
competition to select an operator for the Center
consistent with the plan required in this Act.
Incumbent Center operators in good standing shall be
eligible to compete for the new award.
``(J) Reports.--
``(i) Plan.--Not later than 180 days after
the date of enactment of the National Institute
of Standards and Technology Improvement Act of
2016, the Director shall transmit to the
Committee on Science, Space, and Technology of
the House of Representatives and the Committee
on Commerce, Science, and Transportation of the
Senate a plan as to how the Institute will
conduct reviews, assessments, and reapplication
competitions under this paragraph.
``(ii) Independent assessment.--The
Director shall contract with an independent
organization to perform an assessment of the
implementation of the reapplication competition
process under this paragraph within 3 years
after the transmittal of the report under
clause (i). The organization conducting the
assessment under this clause may consult with
the MEP Advisory Board.
``(iii) Comparison of centers.--Not later
than 2 years after the date of enactment of the
National Institute of Standards and Technology
Improvement Act of 2016, the Director shall
transmit to the Committee on Science, Space,
and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate a report providing
information on the first and second years of
operations for centers operating from new
competitions or recompetition as compared to
longstanding centers. The report shall provide
detail on the engagement in services provided
by Centers and the characteristics of services
provided, including volume and type of
services, so that the Committees can evaluate
whether the cost-sharing ratio has an effect on
the services provided at Centers.
``(6) Patent rights.--The provisions of chapter 18 of title
35, United States Code, shall apply, to the extent not
inconsistent with this section, to the promotion of technology
from research by Centers under this section except for
contracts for such specific technology extension or transfer
services as may be specified by statute or by the Director.
``(7) Protection of center client confidential
information.--Section 552 of title 5, United States Code, shall
apply to the following information obtained by the Federal
Government on a confidential basis in connection with the
activities of any participant involved in the Hollings
Manufacturing Extension Partnership:
``(A) Information on the business operation of any
participant in a Hollings Manufacturing Extension
Partnership program or of a client of a Center.
``(B) Trade secrets possessed by any client of a
Center.
``(8) Advisory boards.--Each Center's advisory boards shall
institute a conflict of interest policy, approved by the
Director, that ensures the Board represents local small- and
medium-sized manufacturers in the Center's region. Board
Members may not serve as a vendor or provide services to the
Center, nor may they serve on more than one Center's oversight
board simultaneously.
``(d) Acceptance of Funds.--
``(1) In general.--In addition to such sums as may be
appropriated to the Secretary and Director to operate the
Hollings Manufacturing Extension Partnership, the Secretary and
Director also may accept funds from other Federal departments
and agencies and, under section 2(c)(7), from the private
sector, to be available to the extent provided by
appropriations Acts, for the purpose of strengthening United
States manufacturing.
``(2) Allocation of funds.--
``(A) Funds accepted from other federal departments
or agencies.--The Director shall determine whether
funds accepted from other Federal departments or
agencies shall be counted in the calculation of the
Federal share of capital and annual operating and
maintenance costs under subsection (c).
``(B) Funds accepted from the private sector.--
Funds accepted from the private sector under section
2(c)(7), if allocated to a Center, may not be
considered in the calculation of the Federal share
under subsection (c) of this section.
``(e) MEP Advisory Board.--
``(1) Establishment.--There is established within the
Institute a Manufacturing Extension Partnership Advisory Board
(in this subsection referred to as the `MEP Advisory Board').
``(2) Membership.--
``(A) In general.--The MEP Advisory Board shall
consist of not fewer than 10 members broadly
representative of stakeholders, to be appointed by the
Director. At least two members shall be employed by or
on an advisory board for the Centers, at least one
member shall represent a community college, and at
least five other members shall be from United States
small businesses in the manufacturing sector. No member
shall be an employee of the Federal Government.
``(B) Term.--Except as provided in subparagraph (C)
or (D), 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 two 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 meet not less
than two times annually and shall provide to the Director--
``(A) advice on Hollings Manufacturing Extension
Partnership programs, plans, and policies;
``(B) assessments of the soundness of Hollings
Manufacturing Extension Partnership plans and
strategies; and
``(C) assessments of current performance against
Hollings Manufacturing Extension Partnership program
plans.
``(4) Federal advisory committee act 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.
``(B) Exception.--Section 14 of the Federal
Advisory Committee Act shall not apply to the MEP
Advisory Board.
``(5) Report.--The MEP Advisory Board shall transmit an
annual report to the Secretary for transmittal to Congress
within 30 days after the submission to Congress of the
President's annual budget request in each year. Such report
shall address the status of the program established pursuant to
this section and comment on 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.
``(f) Competitive Grant Program.--
``(1) Establishment.--The Director shall establish, within
the Hollings Manufacturing Extension Partnership, under this
section and section 26, a program of competitive awards among
participants described in paragraph (2) for the purposes
described in paragraph (3).
``(2) Participants.--Participants receiving awards under
this subsection shall be the Centers, or a consortium of such
Centers.
``(3) Purpose.--The purpose of the program under this
subsection 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 program, the MEP Advisory
Board, and small- and medium-sized manufacturers. One or more
themes for the competition may be identified, which may vary
from year to year, depending on the needs of manufacturers and
the success of previous competitions. Centers may be reimbursed
for costs incurred under the program.
``(4) Applications.--Applications for awards under this
subsection 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.
``(5) Selection.--Awards under this subsection shall be
peer reviewed and competitively awarded. The Director shall
endeavor to have broad geographic diversity among selected
proposals. The Director shall select proposals to receive
awards that will--
``(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;
and
``(C) promote the transfer and commercialization of
research and technology from institutions of higher
education, national laboratories, and nonprofit
research institutes.
``(6) Program contribution.--Recipients of awards under
this subsection shall not be required to provide a matching
contribution.
``(7) Global marketplace projects.--In making awards under
this subsection, 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.
``(8) Duration.--Awards under this subsection shall last no
longer than 3 years.
``(g) Evaluation of Obstacles Unique to Small Manufacturers.--The
Director shall--
``(1) evaluate obstacles that are unique to small
manufacturers that prevent such manufacturers from effectively
competing in the global market;
``(2) implement a comprehensive plan to train the Centers
to address such obstacles; and
``(3) facilitate improved communication between the Centers
to assist such manufacturers in implementing appropriate,
targeted solutions to such obstacles.
``(h) Definitions.--In this section--
``(1) the term `area career and technical education school'
has the meaning given such term in section 3 of the Carl D.
Perkins Career and Technical Education Improvement Act of 2006
(20 U.S.C. 2302); and
``(2) 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.''.
SEC. 9. ELIMINATION OF OBSOLETE REPORTS.
Section 28 of the National Institute of Standards and Technology
Act (15 U.S.C. 278n) is amended--
(1) by striking subsection (g); and
(2) in subsection (k)--
(A) in paragraph (3), by inserting ``and'' after
the semicolon at the end;
(B) in paragraph (4)(B), by striking ``; and'' at
the end and inserting a period; and
(C) by striking paragraph (5).
SEC. 10. MODIFICATIONS TO GRANTS AND COOPERATIVE AGREEMENTS.
Section 8(a) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3706(a)) is amended by striking ``The total amount of
any such grant or cooperative agreement may not exceed 75 percent of
the total cost of the program.''.
SEC. 11. INFORMATION SYSTEMS STANDARDS CONSULTATION.
Notwithstanding any other provision of law, the National Institute
of Standards and Technology shall not consult with the Department of
Defense and the National Security Agency in contravention of section
20(c)(1) of the National Institute of Standards and Technology Act (15
U.S.C. 278g-3(c)(1)).
SEC. 12. UNITED STATES-ISRAELI COOPERATION.
It is the Sense of Congress that--
(1) partnerships that facilitate basic scientific research
between the United States and Israel advance technology
development, innovation, and commercialization leading to
growth in various sectors, including manufacturing, and
creating benefits for both nations;
(2) joint research and development agreements carried out
through government organizations like the National Institute of
Standards and Technology support these efforts;
(3) partnerships between the United States and Israel that
further the basic scientific enterprise should be encouraged;
and
(4) the National Institute of Standards and Technology
should continue to facilitate scientific collaborations between
Israel and United States technical agencies working in
measurement science and standardization.
Passed the House of Representatives July 11, 2016.
Attest:
KAREN L. HAAS,
Clerk.