59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–679 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

CAMPUS SECURITY ACT 

JULY 11, 2016.—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 

together with 

MINORITY VIEWS 

[To accompany H.R. 5636] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science, Space, and Technology, to whom was 

referred the bill (H.R. 5636) to increase the effectiveness of and accountability for maintaining the physical security of NIST facilities 

and the safety of the NIST workforce, having considered the same, 

report favorably thereon without amendment and recommend that 

the bill do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 4 

Committee Consideration ........................................................................................ 5 

Application of Law to the Legislative Branch ....................................................... 5 

Statement of Oversight Findings and Recommendations of the Committee ...... 5 

Statement of General Performance Goals and Objectives .................................... 5 

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Advisory Committee Act ............................................................................ 6 

Unfunded Mandate Statement ............................................................................... 6 

Earmark Identification ............................................................................................ 6 

Congressional Budget Office Cost Estimate .......................................................... 6 

Minority Views ......................................................................................................... 7 


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1 NRC Inspection Report No. 07000398/2014001, available at: http://pbadupws.nrc.gov/docs/ 

ML1515/ML15154A692.pdf. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

The purpose of the National Institute of Standards and Technology Campus Security Act is to increase effectiveness of and accountability for maintaining the physical security of National Institute of Standards and Technology (NIST) facilities and the safety 

of workers and nearby residents. Recent security incidents at both 

NIST campuses (Gaithersburg, MD and Boulder, CO) have included the explosion of an illegal meth lab, illicitly operated by a 

NIST police officer, at the Gaithersburg campus in July 2015 and 

the discovery and apprehension of an apparently deranged person 

within a secure Boulder laboratory at which hazardous chemicals 

were stored in April of this year. These significant security lapses 

threatened the safety and well-being of 3,400 NIST employees, 

3,500 visiting professionals from industry, academia, and other 

government agencies, and hundreds of thousands of residents of 

nearby communities. 

This legislation directs the Secretary of Commerce’s Office of Security to directly oversee the law enforcement and security programs at NIST through a new Director of Security for NIST (with 

no increase in FTEs). The Director of Security will be required to 

report on NIST security issues to the Under Secretary for Standards and Technology and to Congress. In addition, the legislation 

directs GAO to study and report on the performance of the NIST 

Police Services Group. 

BACKGROUND AND NEED FOR LEGISLATION

Thousands of government and private sector scientists carry out 

sensitive research and testing at NIST campuses. The campuses 

themselves are located in populated communities. Safety and security concerns are exacerbated by storage, at both campuses, of significant quantities of dangerous radiological, chemical and biological materials which are used for testing and storage. 

Security of NIST facilities is the responsibility of the NIST Police 

Services Group, a stand-alone NIST police force for which the Department of Homeland Security has approved fairly broad law enforcement powers. In addition, screening at NIST campus vehicle 

entry points is handled by private contractors. Several security incidents have brought to light safety and security issues at NIST facilities. 

On June 3, 2015, the United States Nuclear Regulatory Commission issued an inspection report noting violations, and that specifically, ‘‘for a period of time estimated to begin in the 1980s until October 2014, NIST failed to keep records showing the receipt, inventory (including location and unique identity), acquisition, transfer, 

and disposal of all special nuclear material in its possession.’’ 1

Chairmen Smith and Loudermilk sent a letter to NIST Director 

Willie May requesting documents and information about the agency’s handling of plutonium and any incidents that may have gone 

unreported. 


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In addition, on Saturday, July 18, 2015, a now former NIST senior security officer attempted to manufacture methamphetamine 

while on duty and on NIST property (Building 236 on the NIST 

Gaithersburg campus), which caused an explosion and fire that 

damaged government property. This individual had been recently 

serving as the acting Chief of Police for the NIST Police Services 

Group. 

In the immediate wake of the illegal meth lab incident, Chairman Smith formally requested that NIST brief Committee members in person and provide regular updates regarding NIST security. In September 2015, Chairman Smith sent a written request 

to NIST Director Willie May for documents and information. At the 

time, NIST did not immediately comply with Committee requests, 

asserting that it would release no information until local law enforcement authorities had completed their investigations and follow-up. 

Unsolicited information and statements from NIST employees 

appeared to show a culture of waste, fraud, abuse, and misconduct 

within NIST Police Services, encouraged by poor leadership and 

the absence of managerial oversight. For example, the senior security officer who caused the explosion also committed substantial 

time-and-attendance fraud by claiming hours that he did not work. 

The local law enforcement investigation ended with the individual sentenced to 41 months’ confinement, 2 years supervised release, a $100.00 fine, and $4,750.10 in restitution to NIST. NIST 

senior management promised an internal review, but the Committee is unaware of any findings, recommendations, or changes 

from any internal review yet. 

On Saturday, April 16, 2016, an individual with no identification 

was found inside a secure building on the Boulder campus. Local 

firefighters and first responders were summoned due to concerns 

that the individual might have been exposed to chlorine gas stored 

in the building’s ‘‘clean’’ room. The individual was transported to 

the local hospital, and the incident is currently part of an ongoing 

criminal investigation. Just as was the case for the earlier Gaithersburg incident, NIST has refused to provide the Committee 

with any information until the local law enforcement investigation 

and follow-up are concluded. 

Proper security is critical for the safety of the NIST campuses, 

its employees, visitors, and the surrounding communities. It is important not to jeopardize NIST’s mission to promote U.S. innovation and industrial competitiveness, which enhances economic security. The recent incidents and their aftermath have created serious 

doubts about NIST and NIST Police Services Group capacity to assure safety and security. 

LEGISLATIVE HISTORY

On March 16, 2016, the Research and Technology Subcommittee 

of the House Committee on Science, Space, and Technology held a 

hearing entitled, ‘‘An Overview of the Budget Proposal for the National Institute of Standards and Technology for Fiscal Year 2017.’’ 

The sole hearing witness was Dr. Willie E. May, Director, National 

Institute of Standards and Technology, and Under Secretary of 

Commerce for Standards and Technology. 


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COMMITTEE VIEWS

NIST campus security 

The Committee expects the Department of Commerce and NIST 

to increase accountability for maintaining the physical security of 

NIST facilities and the safety of NIST workers, visitors, and local 

residents. 

The Committee expects the Secretary of Commerce’s Office of Security to directly manage law enforcement and security programs 

at NIST through an assigned Director of Security for NIST. This 

individual will be assigned without increasing the number of employees at the Department of Commerce or NIST. 

Director of security reports 

The Committee expects that the Director of Security for NIST 

will provide a security report on a quarterly basis for the first year, 

and then annually after that. The reports will be submitted to the 

Under Secretary for Standards and Technology and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation in the Senate. 

Comptroller general report 

The Committee expects the U.S. Government Accountability Office (GAO) to use the direction and provisions in this legislation to 

conduct a study and issue a report on the security of NIST’s campuses. The Committee expects that the GAO will work with the 

Committee to define the scope of the work required to assemble 

needed information about the capabilities and performance of the 

NIST Police Services Group and about potentially better alternatives, options, and possible recommendations for the current 

NIST security regime. 

SECTION-BY-SECTION

Section 1. Short title 

This section establishes the short title of the bill as the ‘‘National 

Institute of Standards and Technology Campus Security Act.’’ 

Section 2. NIST campus security 

This section requires the Secretary of Commerce’s Office of Security to directly manage the law enforcement and security programs 

of the National Institute of Standards and Technology through an 

assigned Director of Security for the National Institute of Standards and Technology. 

This section will be implemented without increasing the amount 

of employees at the Department of Commerce or the National Institute of Standards and Technology. 

Also, this section requires the Director of Security to provide an 

activities and security report on a quarterly basis for the first year 

after the date of bill enactment, and on an annual basis thereafter. 

The report will be sent to the Under Secretary for Standards and 

Technology and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 


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Further, this section directs the GAO to conduct a study evaluating the performance of the NIST Police Services Group and security contractors as well as provide recommendations on how NIST 

should move forward with security on its campuses and in its facilities to ensure that they are safe and protected. 

The GAO report will be due one year after enactment of the legislation, and the report will be sent to the Secretary of Commerce, 

and to the Committee on Science, Space, and Technology of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation in the Senate. 

COMMITTEE CONSIDERATION

On July 7, 2016, the Committee met in open session and ordered 

reported favorably the bill, H.R. 5636, by voice vote, a quorum 

being present. 

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 directs the Secretary of 

Commerce’s Office of Security to oversee directly the law enforcement and security programs at NIST through a new Director of Security for NIST. As such this bill does not relate to employment or 

access to public services and accommodations. 

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. 5636, the NIST Campus Security Act, would increase the effectiveness of and accountability for maintaining the physical security of NIST facilities and the safety of the NIST workforce. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 5636 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. 5636 does not direct 

the completion of any specific rule makings within the meaning of 

5 U.S.C. 551. 


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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 Mandate 

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. 5636 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of Rule 

XXI. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirements of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives, an estimate and comparison prepared by the Director of Congressional Budget Office 

under section 402 of the Congressional Budget Act of 1974 was not 

submitted to the Committee before the filing of the report. 


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MINORITY VIEWS 

There have been two high-profile security incidents at NIST facilities in the last year. Those incidents have raised legitimate 

oversight questions for the Committee. They also prompted the Director of NIST to convene an ad hoc panel of security experts to 

make recommendations for improved policies, procedures, and 

management of security at NIST. The expert panel made many significant recommendations. As a result, the NIST Director developed an action plan to immediately implement many of the recommendations while initiating more in-depth studies of other recommendations. We view these as very positive steps on the part of 

the agency. 

We agree with the Majority that the GAO may have an important role in the process of strengthening security at NIST. However, we are puzzled about the timing and nature of this particular 

legislation. First, the legislation was rushed through without regular order and without any vetting. We received critical comments 

from the subject matter experts at NIST and GAO only the evening 

before the markup, giving Democratic Members no time to prepare 

appropriate amendments. Further, none of the expert feedback was 

incorporated into the Majority’s bill. Second, with the Director’s action plan underway, it may be more sensible for us to wait a year 

and then ask GAO to analyze the status of NIST’s efforts, or at 

least to work with NIST and GAO to develop a scope of work that 

would be most helpful in the short-term. Asking them to carry out 

another broad review just months after a similar review was carried out by a panel of independent security experts seems duplicative, and could unnecessarily delay important changes to NIST security policies. Finally, the Chairman already sent a joint request 

to GAO along with the Chairman of the Senate Committee on Commerce, Science, and Transportation for a similarly scoped review of 

NIST security. We should take the opportunity to work with GAO 

and NIST to appropriately focus the review that is already in the 

queue at GAO. 

Based on all of those points, we are unsure as to the purpose or 

efficacy of this legislation at this time. It is in the interest of this 

Committee, and in the interest of the taxpayer, that we make the 

best and most efficient use of the experts at GAO rather than sending them a duplicative ad minimally useful mandate. Finally, we 

object to the Committee micromanaging staffing at the agency, especially in a way that could undermine the very purpose of the legislation. 

EDDIE BERNICE JOHNSON. 

Æ 


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