Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

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.

                                  [all]