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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-977
======================================================================
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY REAUTHORIZATION ACT OF
2018
_______
September 25, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on Science, Space, and
Technology, submitted the following
R E P O R T
[To accompany H.R. 6229]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 6229) to authorize the programs of
the National Institute of Standards and Technology, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 4
Section-by-Section............................................... 9
Explanation of Amendments........................................ 11
Committee Consideration.......................................... 11
Correspondence................................................... 12
Application of Law to the Legislative Branch..................... 14
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 14
Statement of General Performance Goals and Objectives............ 14
Duplication of Federal Programs.................................. 14
Disclosure of Directed Rule Makings.............................. 14
Federal Advisory Committee Act................................... 14
Unfunded Mandate Statement....................................... 14
Earmark Identification........................................... 15
Committee Estimate............................................... 15
Budget Authority and Congressional Budget Office Cost Estimate... 15
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute of Standards and
Technology Reauthorization Act of 2018''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2018.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,198,500,000 for the National
Institute of Standards and Technology for fiscal year 2018.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $724,500,000 shall be for scientific and
technical research and services laboratory activities;
(B) $319,000,000 shall be for the construction and
maintenance of facilities; and
(C) $155,000,000 shall be for industrial technology
services activities.
(b) Fiscal Year 2019.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,125,000,000 for the National
Institute of Standards and Technology for fiscal year 2019.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $850,000,000 shall be for scientific and
technical research and services laboratory activities,
of which--
(i) $109,900,000 shall be for the advanced
communications, networks, and scientific data
systems mission area;
(ii) $103,200,000 shall be for the
cybersecurity and privacy mission area;
(iii) $234,000,000 shall be for the
fundamental measurement, quantum science and
measurement dissemination mission area; and
(iv) $89,800,000 shall be for the physical
infrastructure and resilience mission area;
(B) $120,000,000 shall be for the construction and
maintenance of facilities; and
(C) $155,000,000 shall be for industrial technology
services activities.
SEC. 3. QUANTUM INFORMATION SCIENCE.
(a) Research Activities and Engagement.--The Secretary, acting
through the Director, shall--
(1) continue to support and expand basic quantum information
science and technology research and development of measurement
and standards infrastructure necessary to advance commercial
development of quantum applications;
(2) use the programs of the Institute, in collaboration with
other relevant Federal agencies, as appropriate, to train
scientists in quantum information science and technology to
increase participation in the quantum fields;
(3) establish or expand collaborative ventures or consortia
with other public or private sector entities, including other
Federal agencies engaged in quantum information science
research and development, institutions of higher education,
National Laboratories, and industry, for the purpose of
advancing the field of quantum information science and
engineering; and
(4) have the authority to enter into and perform such
contracts on such terms as the Secretary, acting through the
Director, considers appropriate, including cooperative research
and development arrangements and grants and cooperative
agreements or other transactions, as may be necessary in the
conduct of the work of the Institute with respect to quantum
information science and technology.
(b) Quantum Workshop.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, acting through the
Director, shall convene a workshop of stakeholders to discuss
the future measurement, standards, cybersecurity, and other
issues that relate to development of quantum information
science in the United States. The goals of the workshop shall
be--
(A) assessment of the Institute's quantum information
science and technology research work, including areas
that may need additional Institute investment in order
to support development of quantum information science
and technology in the United States; and
(B) consideration of recommendations and priority
issues for the Institute's participation in the
proposed National Quantum Initiative Program.
(2) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary, acting through
the Director, shall transmit 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 on Appropriations
of the Senate a summary report containing the findings of the
workshop convened under this subsection.
(c) Funding.--The Secretary of Commerce shall devote $80,000,000 to
carry out this section for fiscal year 2019, subject to the
availability of appropriations, to come from amounts made available
pursuant to section 2(b)(2)(A)(iii) of this Act. This section shall be
carried out using funds otherwise appropriated by law after the date of
enactment of this Act.
SEC. 4. CYBERSECURITY.
(a) Assistance to Federal Agencies.--The Secretary, acting through
the Director, shall enhance and expand the Institute's guidance and
assistance to Federal agencies to help such agencies effectively use
the Framework, including by providing technical guidance and education
and training of--
(1) agency staff responsible for cybersecurity; and
(2) individual inspectors general and staff of such agencies
who are responsible for the annual independent evaluation
required under section 3555 of title 44, United States Code.
(b) Report.--Not later than 12 months after the date of the enactment
of this Act, the Secretary shall submit 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
describing the implementation of the activities described in this
section in as much detail as possible, including the identification of
Federal agencies assisted pursuant to subsection (a) and the types of
consultative services, education, guidance, assistance, and training
provided to such agencies and inspectors general of such agencies
pursuant to such subsection.
(c) Research.--The Secretary, acting through the Director, shall
expand the fundamental and applied research carried out by the
Institute to address key questions relating the measurement of privacy,
security, and vulnerability of software tools and communications
networks, including through--
(1) the development of research and engineering capabilities
to provide practical solutions, including measurement
techniques and engineering toolkits, to solve cybersecurity
challenges such as human factors, identity management, network
security, privacy, and software;
(2) investment in tools to help private and public sector
organizations measure their cybersecurity, manage their risks
and ensure workforce preparedness for new cybersecurity
challenges; and
(3) investment in programs to prepare the United States with
strong cybersecurity and encryption technologies to apply to
emerging technologies such as artificial intelligence, the
internet of things, and quantum computing.
(d) Authority.--The Secretary, acting through the Director, shall
have the authority to enter into and perform such contracts on such
terms as the Secretary considers to be appropriate, including
cooperative research and development arrangements, grants, and
cooperative agreements or other transactions, as may be necessary in
the conduct of the work of the Institute with respect to cybersecurity.
SEC. 5. COMPOSITES RESEARCH.
(a) Research.--The Secretary, acting through the Director, shall
implement the recommendations contained in the December 2017 report
entitled ``Road Mapping Workshop Report on Overcoming Barriers to
Adoption of Composites in Sustainable Infrastructure'', as appropriate,
to help facilitate the adoption of composite technology in
infrastructure in the United States. In implementing such
recommendations, the Secretary, acting through the Director shall, with
respect to the use of composite technology in infrastructure--
(1) not later than 6 months after the date of enactment of
this Act, establish a design data clearinghouse to identify,
gather, validate, and disseminate existing design criteria,
tools, guidelines, and standards; and
(2) develop methods and resources required for testing an
evaluation of safe and appropriate uses of composite materials
for infrastructure, including--
(A) conditioning protocols, procedures and models;
(B) screening and acceptance tools; and
(C) minimum allowable design data sets that can be
converted into design tools.
(b) Standards Coordination.--The Secretary, acting through the
Director, shall assure that the appropriate Institute staff consult
regularly with standards developers, members of the composites
industry, institutions of higher education, and other stakeholders in
order to facilitate the adoption of standards for use of composite
materials in infrastructure that are based on the research and testing
results and other information developed by the Institute.
(c) Funding.--The Secretary of Commerce shall devote $11,000,000 to
carry out this section for fiscal year 2019, subject to the
availability of appropriations, to come from amounts made available
pursuant to section 2(b)(2)(A)(iv) of this Act. This section shall be
carried out using funds otherwise appropriated by law after the date of
enactment of this Act.
SEC. 6. ARTIFICIAL INTELLIGENCE AND DATA SCIENCE.
The Secretary, acting through the Director, shall continue to support
the development of artificial intelligence and data science, including
through--
(1) the expansion of the Institute's capabilities, including
scientific staff and research infrastructure;
(2) the implementation of rigorous scientific testing to
support the development of trustworthy and safe artificial
intelligence and data systems; and
(3) the development of machine learning and other artificial
intelligence applications to support measurement science
research programs and take steps to modernize the Institute's
research infrastructure.
SEC. 7. INTERNET OF THINGS.
The Secretary, acting through the Director, shall continue to
conduct research with respect to and support the expanded connectivity,
interoperability, and security of interconnected systems and other
aspects of the internet of things, including through--
(1) the development of new tools and methodologies for
cybersecurity of the internet of things;
(2) the development of technologies to address network
congestion and device interference, such as the development of
testing tools for next generation wireless communications,
internet of things protocols, coexistence of wireless
communications systems, and spectrum sharing;
(3) convening experts in the public and private sectors to
develop recommendations for accelerating the adoption of sound
interoperability standards, guidelines, and best practices for
the internet of things; and
(4) the development and publication of new cybersecurity
tools, encryption methods, and best practices for internet of
things security.
SEC. 8. HIRING AND MANAGEMENT.
(a) Appointments.--The Secretary, acting through the Director shall
have the authority to--
(1) make appointments of scientific, engineering, and
professional personnel without regard to the civil service laws
as the Secretary, acting through the Director determines
necessary for carrying out research and development functions
which require the services of specially qualified personnel
relating to cybersecurity and quantum information science and
technology and such other areas of national research priorities
as the Secretary, acting through the Director may determine;
and
(2) fix the basic pay of such personnel at a rate to be
determined by the Secretary, acting through the Director at
rates not in excess of the basic rate of pay of the Vice
President under section 104 of title 3, United States Code,
without regard to the civil service laws.
(b) Limitation.--The Director may appoint not more than 10
individuals under this section.
SEC. 9. DEFINITIONS.
In this Act:
(1) The term ``Director'' means the Director of the National
Institute of Standards and Technology.
(2) 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) The term ``Institute'' means the National Institute of
Standards and Technology.
(4) 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).
(5) The term ``Secretary'' means the Secretary of Commerce.
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 6229, the ``National Institute of Standards and
Technology Reauthorization Act of 2018,'' was introduced by
Subcommittee on Research and Technology Chairwoman Barbara
Comstock and sponsored by Subcommittee Ranking Minority Member
Daniel Lipinski. The purpose of H.R. 6229 is to reauthorize,
strengthen and prioritize the programs of the National
Institute of Standards and Technology (NIST). This legislation
includes strategic investments in emerging technology areas in
order to ensure U.S. innovation leadership in quantum science,
artificial intelligence and big-data science, cybersecurity,
the Internet of Things and sustainable infrastructure. This
legislation also provides for NIST to expand its fundamental
and applied cybersecurity research to address key questions
relating to measurement of privacy, security, and vulnerability
of software tools and communication networks.
BACKGROUND AND NEED FOR LEGISLATION
NIST was originally founded in 1901 as the National Bureau
of Standards. A non-regulatory agency within the Department of
Commerce, NIST works to promote U.S. innovation and American
competitiveness by advancing measurement science, standards,
and technology. Through basic research, NIST sets standards and
facilitates the implementation and use of technologies. By
working closely alongside industry, NIST has become recognized
as a provider of high-quality information utilized by the
private sector.
NIST operates two main research laboratories in
Gaithersburg, Maryland, and Boulder, Colorado where it employs
more than 3,000 scientists, engineers, technicians, and support
personnel. In addition, NIST hosts about 3,500 associates and
facility users from industry, academia, and other government
agencies each year. At these locations, NIST laboratories
conduct research that advances the nation's technology
infrastructure and helps U.S. companies continually improve
products and services.
In 2007, Congress passed, and the President signed into
law, the America Creating Opportunities to Meaningfully Promote
Excellence in Technology, Education, and Science (America
COMPETES) Act (P.L. 110-60), which was based on President
George W. Bush's American Competitiveness Initiative (ACI). The
centerpiece of the ACI was the prioritization of basic research
in the physical sciences and engineering. Physical sciences
research develops and advances knowledge and technologies that
are used by scientists in nearly every other field. The ACI
called for strengthening Federal investments in these areas by
reallocating existing Federal resources to three innovation-
enabling basic research agencies: National Science Foundation
(NSF), Department of Energy Office of Science (DOE SC), and
NIST core lab research and facilities.
In 2010, Congress passed, and the President signed into
law, the America COMPETES Reauthorization Act of 2010 (P.L.
111-358). This authorization expired at the end of 2014,
thereby necessitating a reauthorization of NIST.
Under the Federal Information Security Modernization Act
(FISMA), Congress charged NIST with creating and maintaining
responsible cybersecurity standards for federal agencies to
follow. NIST continues to do an excellent job in carrying out
this mission. Its cybersecurity technical standards and risk
management framework are widely regarded as among the best and
most comprehensive in the world.
Through the years, this Committee has seen an increase in
the sophistication and frequency of cyberattacks on the U.S.
Government by nation-states and nefarious cyber actors.
Scarcely a month goes by without news that cyber-criminals have
successfully breached federal computer systems and made off
with huge treasure troves of sensitive government information
and millions of Americans' personally identifiable information.
On May 11, 2017, President Trump took concrete, positive
steps by issuing Executive Order 13800, Strengthening the
Cybersecurity of Federal Networks and Critical Infrastructure.
E.O. 13800 mandates the use of the highest standard of
cybersecurity risk management by requiring the federal
government to adopt NIST's Framework for Improving Critical
Infrastructure Cybersecurity. However, in spite of these early
administrative intercessions by the current administration,
cybersecurity incidents are likely to continue if agencies
remain out of compliance with statutory requirements to meet
minimum cybersecurity, technical, and risk-management
standards.
LEGISLATIVE HISTORY
On February 14, 2017, the Research and Technology
Subcommittee of the House Committee on Science, Space, and
Technology held a hearing entitled, ``Strengthening U.S.
Cybersecurity Capabilities.'' Witnesses were: Dr. Charles H.
Romine, Director, Information Technology Lab, National
Institute of Standards and Technology; Mr. Iain Mulholland,
Industry Member, CSIS Cyber Policy Task Force, and Chief
Technology Officer, Security, VMware, Inc.; Dr. Diana Burley,
Executive Director and Chair, Institute for Information
Infrastructure Protection (I3P), and Professor, Human and
Organizational Learning, The George Washington University; and
Mr. Gregory Wilshusen, Director, Information Security Issues,
U.S. Government Accountability Office.
On June 15, 2017, the Research and Technology and the
Oversight Subcommittees of the House Committee on Science,
Space, and Technology held a hearing entitled ``Bolstering the
Government's Cybersecurity: Lessons Learned from WannaCry.''
Witnesses were: Mr. Salim Neino, Chief Executive Officer,
Kryptos Logic; Dr. Charles H. Romine, Director, Information
Technology Laboratory, National Institute of Standards and
Technology; Mr. Gregory J. Touhill, CISSP, CISM, Brigadier
General, USAF (ret.), and Adjunct Professor, Cybersecurity &
Risk Management, Carnegie Mellon University, Heinz College; and
Dr. Hugh Thompson, Chief Technology Officer, Symantec.
On June 28, 2017, the Research and Technology and the
Energy Subcommittees of the House Committee on Science, Space,
and Technology held a hearing entitled, ``Materials Science:
Building the Future.'' Witnesses were: Dr. Matthew Tirrell,
Deputy Laboratory Director for Science and Chief Research
Officer, Argonne National Laboratory; Dr. Laurie Locascio,
Acting Associate Director for Laboratory Programs and Director,
Material Measurement Laboratory, National Institute of
Standards and Technology; Dr. Adam Schwartz, Director, Ames
Laboratory; and Dr. Fred Higgs, John and Ann Doerr Professor of
Mechanical Engineering, Rice University.
On October 24, 2017, the Research and Technology and the
Energy Subcommittees of the House Committee on Science, Space,
and Technology held a hearing entitled, ``American Leadership
in Quantum Technology.'' Witnesses were: Dr. Carl J. Williams,
Acting Director, Physical Measurement Laboratory, National
Institute of Standards and Technology; Dr. Jim Kurose,
Assistant Director, Computer and Information Science and
Engineering Directorate, National Science Foundation; Dr. John
Stephen Binkley, Acting Director of Science, U.S. Department of
Energy; Dr. Scott Crowder, Vice President and Chief Technology
Officer for Quantum Computing, IBM Systems Group; Dr.
Christopher Monroe, Distinguished University Professor & Bice
Zorn Professor, Department of Physics, University of Maryland,
and Founder and Chief Scientist, IonQ, Inc.; and Dr. Supratik
Guha, Director, Nanoscience and Technology Division, Argonne
National Laboratory, Professor, Institute for Molecular
Engineering, University of Chicago.
On October 25, 2017, the Oversight Subcommittee of the
House Committee on Science, Space, and Technology held a
hearing entitled, ``Bolstering the Government's Cybersecurity:
Assessing the Risk of Kaspersky Lab Products to the Federal
Government.'' Witnesses were: Ms. Donna Dodson, Associate
Director and Chief Cybersecurity Advisor, Information
Technology Laboratory and Chief Cybersecurity Advisor, National
Institute of Standards and Technology; Mr. David Shive, Chief
Information Officer, U.S. General Services Administration; Mr.
James Norton, President, Play-Action Strategies LLC and Adjunct
Professor, Johns Hopkins University; and Mr. Sean Kanuck,
Director of Future Conflict and Cyber Security, International
Institute for Strategic Studies.
On December 13, 2017, the Research and Technology
Subcommittee of the House Committee on Science, Space, and
Technology held a hearing entitled, ``Head Health Challenge:
Preventing Head Trauma from Football Field to Shop Floor to
Battlefield.'' The purpose of the hearing was to review this
science prize competition and its goal of spurring the
development of advanced materials that will improve the
performance of protective equipment. Witnesses were: Dr.
Michael Fasolka, Acting Director, Material Measurement Lab,
National Institute of Standards and Technology; Mr. Scott A.
Kebschull, Vice President and Technical Director, Dynamic
Research, Inc.; Dr. Alex O. Dehgan, Chief Executive Officer and
Founder, Conservation X Labs; and Mr. Shawn Springs, Chief
Executive Officer, Windpact.
On February 14, 2018, the Oversight and Research and
Technology Subcommittees of the House Committee on Science,
Space, and Technology held a hearing entitled, ``Beyond
Bitcoin: Emerging Applications for Blockchain Technology.'' The
purpose of this hearing was to explore the science of
blockchain technology and its potential and emerging
applications beyond cryptocurrency and financial technology.
Witnesses were: Mr. Chris A. Jaikaran, Analyst in Cybersecurity
Policy, Government and Finance Division, Congressional Research
Service; Dr. Charles H. Romine, Director, Information
Technology Laboratory, National Institute of Standards and
Technology; Mr. Gennaro ``Jerry'' Cuomo, IBM Fellow, Vice
President Blockchain Technologies, IBM Cloud; Mr. Frank
Yiannas, Vice President of Food Safety, Walmart; and Mr. Aaron
Wright, Associate Clinical Professor and Co-Director of the
Blockchain Project, Benjamin N. Cardozo School of Law.
On April 18, 2018, the Research and Technology Subcommittee
of the House Committee on Science, Space, and Technology held a
hearing entitled, ``Composite Materials--Strengthening
Infrastructure Development.'' Witnesses were: Dr. Joannie Chin,
Deputy Director, Engineering Laboratory, National Institute of
Standards and Technology; Dr. Hota V. GangaRao, Wadsworth
Distinguished Professor, Statler College of Engineering, West
Virginia University; Dr. David Lange, Professor, Department of
Civil and Environmental Engineering, University of Illinois at
Urbana-Champaign; and Mr. Shane E. Weyant, President and CEO,
Creative Pultrusions, Inc.
On May 8, 2018, the Research and Technology and the
Oversight Subcommittees of the House Committee on Science,
Space, and Technology held a hearing entitled, ``Leveraging
Blockchain Technology to Improve Supply Chain Management and
Combat Counterfeit Goods.'' The purpose of this hearing was to
highlight potential and proven applications of blockchain and
distributed ledger technology in shipping, logistics, and
customs. Witnesses were: Dr. Douglas Maughan, Cybersecurity
Division Director, Science and Technology Directorate,
Department of Homeland Security; Mr. Robert ``Bob'' Chiaviello,
IPR Counsel, Nuby Law; Mr. Michael White, Head of Global Trade
Digitization, Maersk; and Mr. Chris Rubio, Vice President
Global Customs Brokerage Staff, UPS.
On June 26, 2018, the Research and Technology and the
Energy Subcommittees of the House Committee on Science, Space,
and Technology held a hearing entitled, ``Artificial
Intelligence--With Great Power Comes Great Responsibility.''
The purpose of the hearing was to understand the state of
artificial intelligence technology and the difference between
narrow and general intelligence. Witnesses were: Dr. Jaime
Carbonell, Director, Language Technologies Institute, and Allen
Newell Professor, School of Computer Science, Carnegie Mellon
University; Dr. Tim Persons, Chief Scientist, U.S. Government
Accountability Office; Mr. Greg Brockman, Co-Founder and Chief
Technology Officer, OpenAI; and Dr. Fei-Fei Li, Chairperson of
the Board and Co-Founder, AI4ALL.
On June 27, 2018, the Committee on Science, Space, and
Technology met to consider H.R. 6229, the ``National Institute
of Standards and Technology Reauthorization Act of 2018.''
COMMITTEE VIEWS
Innovation Initiatives
In H.R. 6229, the Committee prioritizes NIST's core
laboratory programs by providing a 17 percent increase to $850
million in FY 2019 for the NIST scientific and technical
research and services account. This increase provides five
specific innovation initiatives in emerging technology areas.
The fundamental measurement, quantum science and
measurement dissemination mission area is increased by $50
million to $234 million in FY 2019 to accelerate basic quantum
information science research and standards development and to
address fundamental research gaps. With this increase, NIST
Quantum Information Science is funded at $80 million total,
enabling the U.S. to take the lead in developing global quantum
standards and measurements.
The cybersecurity and privacy mission area is increased $20
million to $103.2 million in FY 2019 to expand NIST's
fundamental and applied cybersecurity research to address key
questions relating to privacy, security, and vulnerability of
software tools and communications networks.
The physical infrastructure and resilience mission area is
increased $20 million to $89.8 million in FY 2019 to expand the
application of modeling to improve building performance and
safety and to conduct disaster and failure event technical
studies and prototype data repository development.
Additionally, $11 million of this increase is provided to
expand NIST's composites research and standards development to
facilitate the adoption of composite technology in American
infrastructure.
The advanced communications, networks, and scientific data
systems mission area is increased $40 million to $109.9 million
in FY 2019 for Artificial Intelligence (AI) and Data Science,
and Internet of Things connectivity, interoperability, and
security. Half the increase, $20 million, is provided to expand
the research infrastructure and scientific staff needed to
develop NIST's capabilities in AI and big-data science,
including rigorous scientific testing to support the
development of trustworthy AI systems. The other $20 million
allows NIST to continue to examine the Internet of Things and
address measurement and security challenges created by the
convergence of digital technologies with the physical world.
Design Data Clearinghouse
This legislation directs NIST to expand its composites
research and standards development to facilitate the adoption
of composite technology in American infrastructure. As part of
this research, NIST will establish a design data clearinghouse
to identify, gather, validate, and disseminate existing design
criteria, tolls, guidelines, and standards. It is the
Committee's intent that NIST will begin developing a plan to
gather currently existing data in order to establish a design
data clearinghouse within six months after the date of
enactment of this act.
Assistance to Federal Agencies
The Committee believes that NIST continues to do an
excellent job in creating and maintaining responsible
cybersecurity standards for federal agencies to follow. NIST's
cybersecurity technical standards and risk management framework
are widely regarded as among the best and most comprehensive in
the world. It is the Committee's desire that as federal
agencies take steps to implement E.O. 13800 and use NIST's
Framework for Improving Critical Infrastructure Cybersecurity,
they also take advantage of the singular expertise of NIST
experts in evaluating and examining their cybersecurity
compliance and corrective actions.
Section-by-Section
Sec. 1. Short title
This section establishes the short title for the bill as
the ``National Institute of Standards and Technology
Reauthorization Act of 2018.''
Sec. 2. Authorization of appropriations
This section authorizes NIST for $1,198,500,000 for fiscal
year 2018, including: $724,500,000 for scientific and technical
research and services laboratory activities; $319,000,000 for
construction and maintenance of facilities; and $155,000,000
for industrial technology services.
This section also authorizes NIST for $1,125,000,000 for
fiscal year 2019, including: $850,000,000 for scientific and
technical research and services laboratory activities, of which
$109,900,000 is for communications, networks, and scientific
data systems mission area, $103,200,000 is for cybersecurity
and privacy mission area, $234,000,000 is for the fundamental
measurement, quantum science and measurement dissemination
mission area, and $89,800,000 is for the infrastructure and
resilience mission area; $120,000,000 for the construction and
maintenance of facilities; and $155,000,000 for industrial
technology services.
Sec. 3. Quantum information
This section states that the Secretary shall: continue to
support and expand research connected to quantum information
science necessary to advance commercial quantum development;
collaborate with other Federal agencies to train scientists in
quantum information science; establish or expand collaborative
ventures with public or private sector entities to advance the
field of quantum information science and engineering; and
grants the authority to enter into cooperative research and
development arrangements, grants, and work associated with
quantum information. The section also directs NIST to convene a
workshop with stakeholders to discuss issues related to quantum
development with the goal of assessing research areas to
support, and consider recommendations for NIST's participation.
It instructs NIST to devote no less than $80,000,000 to carry
out this section in fiscal year 2019.
Sec. 4. Cybersecurity
This section directs the Secretary to expand NIST's ongoing
cybersecurity research to include key questions relating to the
measurement of privacy, security and vulnerability of software
tools and communication networks by developing research and
engineering capabilities to provide practical solutions to
cybersecurity challenges, investing in cybersecurity
measurement tools, and investing in tools to provide the U.S.
with strong cybersecurity and encryption technologies. This
section also grants authority to the Secretary to enter into
cooperative research and development arrangements, grants, and
work associated with cybersecurity.
Sec. 5. Composites research
This section states that the Secretary shall: implement
recommendations to facilitate the adoption of composite
technology in U.S. infrastructure; establish a design
clearinghouse to identify, gather, validate, and disseminate
existing composites design criteria; and develop resources for
the testing and evaluation of uses for composite materials in
infrastructure. It instructs NIST to devote no less than
$11,000,000 to carry out this section in fiscal year 2019.
Sec. 6. Artificial intelligence and data science
This section states that the Secretary shall continue to
conduct research to support the development of artificial
intelligence (AI) and data since, including through: the
expansion of NIST's capabilities; conducting rigorous testing
to develop safe and trustworthy AI and data systems; and
developing machine learning and other AI applications to
support measurement science research and modernize NIST's
research infrastructure.
Sec. 7. Internet of things
This section states that the Secretary shall continue to
conduct research to support the expanded, interconnected
systems of the Internet of Things by: developing new tools and
methodologies for the cybersecurity of the Internet of Things;
developing technologies to address network congestion and
device interference; convene experts in the public and private
sectors to create best practices and guidelines; and develop
and publish new cybersecurity tools, encryption methods, and
best practices for Internet of Things security.
Sec. 8. Hiring and management
This section grants the Secretary the authority to appoint
research, engineering and professional personnel to carry out
research and development work that requires specially qualified
skills in cybersecurity and quantum information science and
technologies, without regard to civil service laws. Pay rate
will not exceed that of the Vice President of the United States
and NIST is limited to appoint ten personnel to these
positions. This provision also includes a five-year sunset.
Sec. 9. Definitions
This section defines the terms ``Director,'' ``Framework,''
``Institute,'' ``institution of higher education,'' and
``Secretary.''
Explanation of Amendments
A manager's amendment offered by Representative Barbara
Comstock was adopted by the Committee. The amendment made
technical changes.
Committee Consideration
On June 27, 2018, the Committee met in open session and
ordered reported favorably the bill, H.R. 6229, as amended, by
voice vote, a quorum being present.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill reauthorizes and strengthens programs of the National
Institute of Standards and Technology. As such this bill does
not relate to employment or access to public services and
accommodations.
Legislative branch employees and their families, to the
extent that they are otherwise eligible for the benefits
provided by this legislation, have equal access to its
benefits.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
Statement of General Performance Goals and Objectives
H.R. 6229, the National Institute of Standards and
Technology Reauthorization Act of 2018, reauthorizes,
strengthens, and prioritizes the programs of the National
Institute of Standards and Technology.
Duplication of Federal Programs
No provision of H.R. 6229 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 6229 does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 6229 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 6229. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 6229 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 16, 2018.
Hon. Lamar Smith,
Chairman Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6229, the National
Institute of Standards and Technology Reauthorization Act of
2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Stephen
Rabent.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 6229--National Institute of Standards and Technology
Reauthorization Act of 2018
H.R. 6229 would authorize the appropriation of $1.1 billion
for 2019 for the National Institute of Standards and
Technology, which promotes innovation and industrial
competitiveness in the United States through advancements in
measurement science, standards, and technology. The bill also
would direct the agency to carry out specific activities. The
agency received $1.2 billion in 2018.
As shown in the table, and based on historical spending
patterns, CBO estimates that implementing the bill would cost
$1.1 billion over the 2019-2023 period, assuming appropriation
of the authorized amounts for 2019.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-22023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level........................... 1,199 1,125 0 0 0 0 1,125
Estimated Outlays............................. 0 708 288 60 38 19 1,113
----------------------------------------------------------------------------------------------------------------
The bill would authorize the appropriation of $1.2 billion in 2018. CBO does not estimate any outlays for that
authorization because appropriations for 2018 have already been provided.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 6229 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 6229 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Stephen Rabent.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
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