House Science OKs NIST Reauth, Awaits DOC Feedback

The House Science Committee advanced the National Institute of Standards and Technology for the Future Act (HR-4609) on a voice vote Tuesday despite some lawmakers' misgivings about how the agency’s proposed role in spectrum and telecom tech research could clash with NTIA. Chairwoman Eddie Bernice Johnson, D-Texas, was awaiting feedback from the Department of Commerce. House Science also advanced the National Science and Technology Strategy Act (HR-3858) and other measures that mirror elements of the Senate-passed U.S. Innovation and Competition Act (S-1260).

Johnson was willing to talk with Reps. Jerry McNerney, D-Calif., and Jay Obernolte, R-Calif., about potential changes to HR-4609 to address their concerns about NIST overlapping NTIA. HR-4609 would reauthorize NIST for five years and allocates $7.9 billion. It would direct NIST to “carry out a program of measurement research to inform the development of common definitions, benchmarks, best practices, methodologies, and technical standards for advanced communications technologies.”

"The lines have become somewhat blurred between NIST and NTIA responsibilities in the area of advanced communications technologies and testing," she said. President Joe Biden’s FY 2022 budget request “did not provide the kind of clarity that we hoped for." House Commerce has "been in touch” with the Commerce Department “seeking greater clarity” and “they informed us just yesterday that they hope to have back to us in the next few weeks” recommendations on how to tweak the telecom section of HR-4609, she said. House Science sought input “from a lot of stakeholders” in developing HR-4609, “including from NIST itself." The committee “also sought input from House Commerce and “made changes” to the measure “in response to their feedback.”

McNerney said he’s “generally very supportive” of HR-4609 but is concerned NIST’s proposed role in conducting spectrum and telecom tech measurement research could potentially “undermine” NTIA’s “mission.” McNerney, also a member of the House Communications Subcommittee, asked Johnson to collaborate with him to make changes to ensure “we address any potential overlapping roles that could result” from the current language’s enactment and that “we are allocating resources efficiently.”

Obernolte echoed McNerney’s concerns. “The problem is that we’re creating essentially duplicative responsibilities between” NIST and NTIA “with respect to this kind of research” when “we have an obligation in government to be as efficient and clear as possible” in reauthorizing an agency’s mandate, he said. NTIA’s Institute for Telecommunications Sciences under current statute is “supposed to be the central federal government laboratories for research on transmission of radio waves,” and HR-4509 “seems to create a duplicative responsibility within NIST.”

Johnson and House Science ranking member Frank Lucas, R-Okla., said HR-3858, HR-4609 and the other measures the committee advanced Tuesday are a product of bipartisan cooperation. HR-3858 would direct the White House Office of Science and Technology Policy and the National Science and Technology Council to develop a four-year “comprehensive” science and tech policy strategy with input from the President’s Council of Advisors on Science and Technology and other agencies.

The $7.9 billion included in HR-4609 will allow “for growth” at NIST, Johnson said. “These investments are necessary to support a critical federal agency charged with helping to advance U.S. competitiveness and innovation.” She noted the Telecommunications Industry Association and IBM are among those endorsing HR-4609. As “new technologies grow and spread, it’s critical that we are able to influence the standards and specifications that guide their development,” Lucas said.

House Science advanced several amendments to HR-4609, including one from Rep. Deborah Ross, D-N.C., that would direct NIST to develop “a set of security outcomes and practices … to enable software developers and operators to identify, assess, and manage cyber risks over the full lifecycle of software products.” McNerney successfully attached language that would allow NIST to “establish testbeds to examine artificial intelligence and machine learning systems in virtual environments for vulnerabilities.” Rep. Peter Meijer, R-Mich., proposes NIST create a “National Supply Chain Database.”

Rep. Brian Babin, R-Texas, wants GAO to study NIST’s “policies and protocols to protect its research and combat undue foreign influence.” Bill Posey, R-Fla., inserted text requiring NIST to ensure “transparency” and “openness” on "standards, participating in voluntary consensus standard bodies, and engaging in a standards development process that is open to participation from Chinese firms and state-owned enterprises."