Guidelines on the disclosure process for security vulnerabilities relating to information systems, including Internet of Things devices.
Implementation of coordinated disclosure of security vulnerabilities relating to agency information systems, including Internet of Things devices.
Contractor compliance with coordinated disclosure of security vulnerabilities relating to agency Internet of Things devices.
Information Security and Privacy Advisory Board. Enterprise integration initiative. Research program on security of computer systems. Standards for artificial intelligence. Reports to Congress. Studies by National Research Council. Hollings Manufacturing Extension Partnership. Competitive awards program. Expansion awards pilot program. Assistance to State technology programs. Emergency communication and tracking technologies research initiative. Green manufacturing and construction. Notice to Congress. Appropriations; availability. Collaborative manufacturing research pilot grants. Manufacturing USA. Advanced communications research activities. Xylazine detection and analysis. Absence of Director. Structural failures. Assessment of emerging technologies requiring research in metrology. 283 to 286. Repealed or Omitted.CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 271 -->
(a) The Congress finds and declares the following:
(1) The future well-being of the United States economy depends on a strong manufacturing base and requires continual improvements in manufacturing technology, quality control, and techniques for ensuring product reliability and cost-effectiveness.
(2) Precise measurements, calibrations, and standards help United States industry and manufacturing concerns compete strongly in world markets.
(3) Improvements in manufacturing and product technology depend on fundamental scientific and engineering research to develop (A) the precise and accurate measurement methods and measurement standards needed to improve quality and reliability, and (B) new technological processes by which such improved methods may be used in practice to improve manufacturing and to assist industry to transfer important laboratory discoveries into commercial products.
(4) Scientific progress, public safety, and product compatibility and standardization also depend on the development of precise measurement methods, standards, and related basic technologies.
(5) The National Bureau of Standards since its establishment has served as the Federal focal point in developing basic measurement standards and related technologies, has taken a lead role in stimulating cooperative work among private industrial organizations in efforts to surmount technological hurdles, and otherwise has been responsible for assisting in the improvement of industrial technology.
(6) The Federal Government should maintain a national science, engineering, and technology laboratory which provides measurement methods, standards, and associated technologies and which aids United States companies in using new technologies to improve products and manufacturing processes.
(7) Such national laboratory also should serve industry, trade associations, State technology programs, labor organizations, professional societies, and educational institutions by disseminating information on new basic technologies including automated manufacturing processes.
(b) It is the purpose of this chapter—
(1) to rename the National Bureau of Standards as the National Institute of Standards and Technology and to modernize and restructure that agency to augment its unique ability to enhance the competitiveness of American industry while maintaining its traditional function as lead national laboratory for providing the measurements, calibrations, and quality assurance techniques which underpin United States commerce, technological progress, improved product reliability and manufacturing processes, and public safety;
(2) to assist private sector initiatives to capitalize on advanced technology;
(3) to advance, through cooperative efforts among industries, universities, and government laboratories, promising research and development projects, which can be optimized by the private sector for commercial and industrial applications; and
(4) to promote shared risks, accelerated development, and pooling of skills which will be necessary to strengthen America's manufacturing industries.
This chapter, referred to in subsec. (b), was in the original "this Act" meaning act Mar. 3, 1901, ch. 872, 31 Stat. 1449 , known as the National Institute of Standards and Technology Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
amended section generally. Prior to amendment, section read as follows: "The Office of Standard Weights and Measures shall be known as the National Bureau of Standards."
Section 5115(c) of
provided that: "References in any other Federal law to the National Bureau of Standards shall be deemed to refer to the National Institute of Standards and Technology."
Act Mar. 4, 1913, ch. 141, §1, 37 Stat. 736 , created the Department of Labor and renamed the Department of Commerce and Labor as the Department of Commerce.
§1, Dec. 19, 2023, 137 Stat. 125 , provided that: "This Act [enacting section 278u of this title ] may be cited as the 'Testing, Rapid Analysis, and Narcotic Quality Research Act of 2023' or the 'TRANQ Research Act of 2023'."
§1, Dec. 4, 2020, 134 Stat. 1001 , provided that: "This Act [enacting sections 278g–3a to 278g–3e of this title and provisions set out as a note under section 278g–3a of this title ] may be cited as the 'Internet of Things Cybersecurity Improvement Act of 2020' or the 'IoT Cybersecurity Improvement Act of 2020'."
§1, Aug. 14, 2018, 132 Stat. 2444 , provided that: "This Act [amending section 272 of this title and enacting provisions set out as notes under section 272 of this title ] may be cited as the 'NIST Small Business Cybersecurity Act'."
title V, §501(a), Jan. 6, 2017, 130 Stat. 3023 , provided that: "This section [enacting section 278k–1 of this title , amending sections 278g–5, 278k, and 278l of this title and section 2199 of Title 10 , Armed Forces, and enacting provisions set out as notes under section 278k of this title ] may be cited as the 'Manufacturing Extension Partnership Improvement Act'."
div. B, title VII, §701, Dec. 16, 2014, 128 Stat. 2220 , provided that: "This title [enacting section 278s of this title , amending section 3722 of this title and section 6622 of Title 42 , The Public Health and Welfare, enacting provisions set out as a note under section 278s of this title , and amending provisions set out as a note under this section] may be cited as the 'Revitalize American Manufacturing and Innovation Act of 2014'."
title VII, §701, Jan. 4, 2011, 124 Stat. 4041 , provided that: "This title [amending section 278k of this title and enacting provisions set out as a note under section 278k of this title ] may be cited as the 'NIST Grants for Energy Efficiency, New Job Opportunities, and Business Solutions Act of 2010' or the 'NIST GREEN JOBS Act of 2010'."
title IV, §4221, Sept. 27, 2010, 124 Stat. 2596 , provided that: "This part [part I (§§4221–4228) of subtitle B of title IV of
amending section 278k of this title and enacting provisions set out as a note under section 278n of this title ] may be cited as the 'Export Promotion Act of 2010'."
§1, Oct. 30, 1998, 112 Stat. 2935 , provided that: "This Act [enacting sections 278g–2a, 278p, and 1511e of this title , amending sections 278k, 3704, and 3711a of this title , enacting provisions set out as notes under sections 272 and 3711 of this title , and amending provisions set out as a note under this section] may be cited as the 'Technology Administration Act of 1998'."
title II, §201(a), Feb. 14, 1992, 106 Stat. 15 , provided that: "This title [amending sections 272 and 278n of this title and enacting provisions set out as notes under section 278n of this title ] may be cited as the 'Emerging Technologies and Advanced Technology Program Amendments Act of 1991'."
title V, §5101, Aug. 23, 1988, 102 Stat. 1426 , provided that: "This part [part I (§§5101–5164) of subtitle B of title V of
enacting sections 205j–1, 278i to 278o, 282a, 1532, 1533, 3704a, and 4632 of this title , amending this section, sections 205a, 205b, 205k, 272 to 275, 278, 278b, 278d, 278e, 278g to 278g–4, 3703, 3706, 3708, 3710, 3710c, and 3713 of this title , and section 5315 of Title 5 , Government Organization and Employees, repealing sections 280 to 282 of this title , enacting provisions set out as notes under this section, sections 272, 278l, and 278n of this title , and section 1803 of Title 30 , Mineral Lands and Mining, and amending provisions set out as a note under this section] may be cited as the 'Technology Competitiveness Act'."
Act Mar. 3, 1901, ch. 872, §36, formerly §23, as added by
div. B, title II, §10230(1), Aug. 9, 2022, 136 Stat. 1482 , provided that: "This Act [enacting this chapter] may be cited as the National Institute of Standards and Technology Act."
Act Mar. 3, 1901, ch. 872, §29, as added Aug. 23, 1988,
title V, §5161, 102 Stat. 1449 , provided that: "All rules and regulations, determinations, standards, contracts, certifications, authorizations, delegations, results and findings of investigations, or other actions duly issued, made, or taken by or pursuant to this Act [enacting this chapter], or under the authority of any other statutes which resulted in the assignment of functions or activities to the Secretary, the Department, the Director, or the Institute, as are in effect immediately before the date of enactment of this section [Aug. 23, 1988], and not suspended by the Secretary, the Director, the Institute or the courts, shall continue in full force and effect after the date of enactment of this section until modified or rescinded."
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 272 -->
There is established within the Department of Commerce a science, engineering, technology, and measurement laboratory to be known as the National Institute of Standards and Technology (hereafter in this chapter referred to as the "Institute").
The Secretary of Commerce (hereafter in this chapter referred to as the "Secretary") acting through the Director of the Institute (hereafter in this chapter referred to as the "Director") is authorized to serve as the President's principal adviser on standards policy pertaining to the Nation's technological competitiveness and innovation ability and to take all actions necessary and appropriate to accomplish the purposes of this chapter, including the following functions of the Institute—
(1) to assist industry in the development of technology and procedures needed to improve quality, to modernize manufacturing processes, to ensure product reliability, manufacturability, functionality, and cost-effectiveness, and to facilitate the more rapid commercialization, especially by small- and medium-sized companies throughout the United States, of products based on new scientific discoveries in fields such as automation, electronics, advanced materials, biotechnology, and optical technologies;
(2) to develop, maintain, and retain custody of the national standards of measurement, and provide the means and methods for making measurements consistent with those standards;
(3) to facilitate standards-related information sharing and cooperation between Federal agencies and to coordinate the use by Federal agencies of private sector standards, emphasizing where possible the use of standards developed by private, consensus organizations;
(4) to enter into and perform such contracts, including cooperative research and development arrangements and grants and cooperative agreements or other transactions, as may be necessary in the conduct of its work and on such terms as it may determine appropriate, in furtherance of the purposes of this chapter;
(5) to provide United States industry, Government, and educational institutions with a national clearinghouse of current information, techniques, and advice for the achievement of higher quality and productivity based on current domestic and international scientific and technical development;
(6) to assist industry in the development of measurements, measurement methods, and basic measurement technology;
(7) to determine, compile, evaluate, and disseminate physical constants and the properties and performance of conventional and advanced materials when they are important to science, engineering, manufacturing, education, commerce, and industry and are not available with sufficient accuracy elsewhere;
(8) to develop a fundamental basis and methods for testing materials, mechanisms, structures, equipment, and systems, including those used by the Federal Government;
(9) to assure the compatibility of United States national measurement standards with those of other nations;
(10) to cooperate with other departments and agencies of the Federal Government, with industry, with State and local governments, with the governments of other nations and international organizations, and with private organizations in establishing standard practices, codes, specifications, and voluntary consensus standards;
(11) to advise government and industry on scientific and technical problems;
(12) to invent, develop, and (when appropriate) promote transfer to the private sector of measurement devices to serve special national needs; and
(13) to coordinate technical standards activities and conformity assessment activities of Federal, State, and local governments with private sector technical standards activities and conformity assessment activities, with the goal of eliminating unnecessary duplication and complexity in the development and promulgation of conformity assessment requirements and measures.
In carrying out the functions specified in subsection (b), the Secretary, acting through the Director 1 may, among other things—
(1) construct physical standards;
(2) test, calibrate, and certify standards and standard measuring apparatus;
(3) study and improve instruments, measurement methods, and industrial process control and quality assurance techniques;
(4) cooperate with the States in securing uniformity in weights and measures laws and methods of inspection;
(5) cooperate with foreign scientific and technical institutions to understand technological developments in other countries better;
(6) prepare, certify, and sell standard reference materials for use in ensuring the accuracy of chemical analyses and measurements of physical and other properties of materials;
(7) in furtherance of the purposes of this chapter, accept research associates, cash donations, and donated equipment from industry, and also engage with industry in research to develop new basic and generic technologies for traditional and new products and for improved production and manufacturing;
(8) study and develop fundamental scientific understanding and improved measurement, analysis, synthesis, processing, and fabrication methods for chemical substances and compounds, ferrous and nonferrous metals, and all traditional and advanced materials, including processes of degradation;
(9) investigate ionizing and nonionizing radiation and radioactive substances, their uses, and ways to protect people, structures, and equipment from their harmful effects;
(10) determine the atomic and molecular structure of matter, through analysis of spectra and other methods, to provide a basis for predicting chemical and physical structures and reactions and for designing new materials and chemical substances, including biologically active macromolecules;
(11) perform research on electromagnetic waves, including optical waves, and on properties and performance of electrical, electronic, and electromagnetic devices and systems and their essential materials, develop and maintain related standards, and disseminate standard signals through broadcast and other means;
(12) develop and test standard interfaces, communication protocols, and data structures for computer and related telecommunications systems;
(13) study computer systems (as that term is defined in section 278g–3(d) 2 of this title) and their use to control machinery and processes;
(14) perform research to develop standards and test methods to advance the effective use of computers and related systems and to protect the information stored, processed, and transmitted by such systems and to provide advice in support of policies affecting Federal computer and related telecommunications systems;
(15) on an ongoing basis, facilitate and support the development of a voluntary, consensus-based, industry-led set of standards, guidelines, best practices, methodologies, procedures, and processes to cost-effectively reduce cyber risks to critical infrastructure (as defined under subsection (e));
(16) support information security measures for the development and lifecycle of software and the software supply chain, including development of voluntary, consensus-based technical standards, best practices, frameworks, methodologies, procedures, processes, and software engineering toolkits and configurations;
(17) support information security measures, including voluntary, consensus-based technical standards, best practices, and guidelines, for the design, adoption, and deployment of cloud computing services;
(18) support research, development, and practical application to improve the usability of cybersecurity processes and technologies;
(19) facilitate and support the development of a voluntary, consensus-based set of technical standards, guidelines, best practices, methodologies, procedures, and processes to improve privacy protections in systems, technologies, and processes used by both the public and private sector;
(20) support privacy measures, including voluntary, consensus-based technical standards, best practices, guidelines, metrology, and testbeds for the design, adoption, and deployment of privacy enhancing technologies;
(21) perform research to support the development of voluntary, consensus-based, industry-led standards and recommendations on the security of computers, computer networks, and computer data storage used in election systems to ensure voters can vote securely and privately;
(22) determine properties of building materials and structural elements, and encourage their standardization and most effective use, including investigation of fire-resisting properties of building materials and conditions under which they may be most efficiently used, and the standardization of types of appliances for fire prevention;
(23) undertake such research in engineering, pure and applied mathematics, statistics, computer science, materials science, and the physical sciences as may be necessary to carry out and support the functions specified in this section;
(24) host, participate in, and support scientific and technical workshops (as defined in section 202 of the American Innovation and Competitiveness Act);
(25) collect and retain any fees charged by the Secretary for hosting a scientific and technical workshop described in paragraph (19); 2
(26) notwithstanding title 31 of the United States Code , use the fees described in paragraph (20) 2 to pay for any related expenses, including subsistence expenses for participants;
(27) compile, evaluate, publish, and otherwise disseminate general, specific and technical data resulting from the performance of the functions specified in this section or from other sources when such data are important to science, engineering, or industry, or to the general public, and are not available elsewhere;
(28) collect, create, analyze, and maintain specimens of scientific value;
(29) operate national user facilities;
(30) evaluate promising inventions and other novel technical concepts submitted by inventors and small companies and work with other Federal agencies, States, and localities to provide appropriate technical assistance and support for those inventions which are found in the evaluation process to have commercial promise;
(31) demonstrate the results of the Institute's activities by exhibits or other methods of technology transfer, including the use of scientific or technical personnel of the Institute for part-time or intermittent teaching and training activities at educational institutions of higher learning as part of and incidental to their official duties; and
(32) undertake such other activities similar to those specified in this subsection as the Director determines appropriate.
In carrying out the extramural funding programs of the Institute, including the programs established under sections 278k and 278l of this title , the Secretary may retain reasonable amounts of any funds appropriated pursuant to authorizations for these programs in order to pay for the Institute's management of these programs.
In carrying out the activities under subsection (c)(15), the Director—
(i) coordinate closely and regularly with relevant private sector personnel and entities, critical infrastructure owners and operators, and other relevant industry organizations, including Sector Coordinating Councils and Information Sharing and Analysis Centers, and incorporate industry expertise;
(ii) consult with the heads of agencies with national security responsibilities, sector-specific agencies and other appropriate agencies, State and local governments, the governments of other nations, and international organizations;
(iii) identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, that may be voluntarily adopted by owners and operators of critical infrastructure to help them identify, assess, and manage cyber risks;
(iv) include methodologies—
(I) to identify and mitigate impacts of the cybersecurity measures or controls on business confidentiality; and
(II) to protect individual privacy and civil liberties;
(v) incorporate voluntary consensus standards and industry best practices;
(vi) align with voluntary international standards to the fullest extent possible;
(vii) prevent duplication of regulatory processes and prevent conflict with or superseding of regulatory requirements, mandatory standards, and related processes;
(viii) consider small business concerns (as defined in section 632 of this title );
(ix) consider institutions of higher education (as such term is defined in section 1001 of title 20 ); and
(x) include such other similar and consistent elements as the Director considers necessary; and
(B) shall not prescribe or otherwise require—
(i) the use of specific solutions;
(ii) the use of specific information or communications technology products or services; or
(iii) that information or communications technology products or services be designed, developed, or manufactured in a particular manner.
Information shared with or provided to the Institute for the purpose of the activities described under subsection (c)(15) shall not be used by any Federal, State, tribal, or local department or agency to regulate the activity of any entity. Nothing in this paragraph shall be construed to modify any regulatory requirement to report or submit information to a Federal, State, tribal, or local department or agency.
In this subsection:
The term "critical infrastructure" has the meaning given the term in section 5195c(e) of title 42 .
The term "sector-specific agency" means the Federal department or agency responsible for providing institutional knowledge and specialized expertise as well as leading, facilitating, or supporting the security and resilience programs and associated activities of its designated critical infrastructure sector in the all-hazards environment.
Section 278g–3 of this title , referred to in subsec. (c)(13), was amended, and no longer defines the term "computer systems".
Section 202 of the American Innovation and Competitiveness Act, referred to in subsec. (c)(24), is section 202 of
title II, Jan. 6, 2017, 130 Stat. 2997 . Subsec. (a) of that section, which defines "scientific and technical workshop", is not classified to the Code.
Paragraphs (19) and (20), referred to in subsec. (c)(25) and (26), were redesignated as pars. (24) and (25), respectively, of subsec. (c) of this section by
2022—Subsec. (b)(4).
§10242(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "to enter into contracts, including cooperative research and development arrangements, and grants and cooperative agreements, in furtherance of the purposes of this chapter;".
§10223(3), added par. (16). Former par. (16) redesignated (21).
§10223(1), substituted semicolon for period at end.
Subsec. (c)(17) to (32).
§10223(2), (3), added pars. (17) to (20) and redesignated former pars. (16) to (27) as (21) to (32), respectively.
§10228, added cl. (ix) and redesignated former cl. (ix) as (x).
2018—Subsec. (e)(1)(A)(viii), (ix).
added cl. (viii) and redesignated former cl. (viii) as (ix).
2017—Subsec. (b).
§403(1), in introductory provisions, substituted "authorized to serve as the President's principal adviser on standards policy pertaining to the Nation's technological competitiveness and innovation ability and to take" for "authorized to take".
§403(2), substituted "facilitate standards-related information sharing and cooperation between Federal agencies" for "compare standards used in scientific investigations, engineering, manufacturing, commerce, industry, and educational institutions with the standards adopted or recognized by the Federal Government".
§403(3), substituted "technical standards activities and conformity assessment activities of Federal, State, and local governments with private sector" for "Federal, State, and local technical standards activities and conformity assessment activities, with private sector".
Subsec. (c)(16) to (27).
§§104(b)(4), 202(d), added pars. (16) and (19) to (21), redesignated former pars. (16) and (17) as (17) and (18), respectively, and redesignated former pars. (18) to (23) as (22) to (27), respectively.
§205(a)(2)(B), substituted "sections 278k and 278l" for "sections 278k, 278l, and 278n".
2014—Subsec. (c)(15) to (23).
§101(a), added par. (15) and redesignated former pars. (15) to (22) as (16) to (23), respectively.
§101(b), added subsec. (e).
2007—Subsec. (b).
§3002(c)(2)(A)(i), struck out "and, if appropriate, through other officials," before "is authorized" in introductory provisions.
§3013(b), inserted "and grants and cooperative agreements," after "arrangements,".
§3002(c)(2)(A)(ii), struck out "and, if appropriate, through other appropriate officials," before "may," in introductory provisions.
1996—Subsec. (b)(2).
§12(a)(1), struck out ", including comparing standards used in scientific investigations, engineering, manufacturing, commerce, industry, and educational institutions with the standards adopted or recognized by the Federal Government" after "consistent with those standards".
Subsec. (b)(3) to (12).
§12(a)(2), (3), added par. (3) and redesignated former pars. (3) to (11) as (4) to (12), respectively.
§12(b)(3), added par. (13).
1992—Subsec. (d).
amended section generally, substituting provisions relating to establishment, functions and activities of the National Institute of Standards and Technology and the Secretary of Commerce for provisions which authorized Secretary to undertake certain enumerated functions and activities related to the National Bureau of Standards and for which need might arise in operations of Government agencies, scientific institutions, and industrial enterprises.
1972—Par. (19).
inserted provisions authorizing use of National Bureau of Standards personnel for teaching and training activities without additional compensation.
1950—Act July 22, 1950, provided basic authority for performance of certain functions and activities of Department of Commerce.
Reference to a Sector Specific Agency (including any permutations or conjugations thereof) deemed to be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector and have the meaning given such term in section 650 of Title 6 , Domestic Security, see section 652a(c)(3) of Title 6 , enacted Jan. 1, 2021.
§2(d), Aug. 14, 2018, 132 Stat. 2445 , provided that: "Nothing in this section [amending this section and enacting provisions set out as notes under this section] may be construed to supersede, alter, or otherwise affect any cybersecurity requirements applicable to Federal agencies."
div. B, title II, §10242(b), Aug. 9, 2022, 136 Stat. 1487 , provided that: "Not later than one year after the date of the enactment of this Act [Aug. 9, 2022] and not less than annually thereafter, the Secretary [of Commerce] shall submit 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 report on the use of agreements, activities, and associated funding for transactions (other than contracts, cooperative agreements, and grants) described in paragraph (4) of section 2(b) of the National Institute of Standards and Technology Act [ 15 U.S.C. 272(b)(4) ] (as amended by subsection (a)), including the following elements:
"(1) A description of when the other transactions authority described in such amended paragraph was used and for what purpose.
"(2) A description of why such other transactions authority was required.
"(3) Steps taken to ensure necessary and sufficient oversight of Federal Government requirements implemented using such other transactions authority."
"(1) In general .—Not later than one year after the date of the enactment of this Act [Aug. 14, 2018], the Director, in carrying out section 2(e)(1)(A)(viii) of the National Institute of Standards and Technology Act [ 15 U.S.C. 272(e)(1)(A)(viii) ], as added by subsection (b) of this Act, in consultation with the heads of other appropriate Federal agencies, shall disseminate clear and concise resources to help small business concerns identify, assess, manage, and reduce their cybersecurity risks.
"(2) Requirements .—The Director shall ensure that the resources disseminated pursuant to paragraph (1)—
"(A) are generally applicable and usable by a wide range of small business concerns;
"(B) vary with the nature and size of the implementing small business concern, and the nature and sensitivity of the data collected or stored on the information systems or devices of the implementing small business concern;
"(C) include elements, that promote awareness of simple, basic controls, a workplace cybersecurity culture, and third-party stakeholder relationships, to assist small business concerns in mitigating common cybersecurity risks;
"(D) include case studies of practical application;
"(E) are technology-neutral and can be implemented using technologies that are commercial and off-the-shelf; and
"(F) are based on international standards to the extent possible, and are consistent with the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq. ).
"(3) National cybersecurity awareness and education program .—The Director shall ensure that the resources disseminated under paragraph (1) are consistent with the efforts of the Director under section 303 of the Cybersecurity Enhancement Act of 2014 (
Public Law 113–274
"(4) Small business development center cyber strategy .—In carrying out paragraph (1), the Director, to the extent practicable, shall consider any methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2017 (
Public Law 114–328
"(5) Voluntary resources .—The use of the resources disseminated under paragraph (1) shall be considered voluntary.
"(6) Updates .—The Director shall review and, if necessary, update the resources disseminated under paragraph (1) in accordance with the requirements under paragraph (2).
"(7) Public availability .—The Director and the head of each Federal agency that so elects shall make prominently available on the respective agency's public Internet website information about the resources and updates to the resources disseminated under paragraph (1). The Director and the heads shall each ensure that the information they respectively make prominently available is consistent, clear, and concise."
"(1) Critical infrastructure awareness .—The Director of NIST [National Institute of Standards and Technology] shall continue to raise public awareness of the voluntary, industry-led cybersecurity standards and best practices for critical infrastructure developed under section 2(c)(15) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(c)(15) ).
"(2) Quantum computing .—Under section 2(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(b) ) and section 20 of that Act ( 15 U.S.C. 278g–3 ), the Director of NIST shall—
"(A) research information systems for future cybersecurity needs; and
"(B) coordinate with relevant stakeholders to develop a process—
"(i) to research and identify or, if necessary, develop cryptography standards and guidelines for future cybersecurity needs, including quantum-resistant cryptography standards; and
"(ii) to provide recommendations to Congress, Federal agencies, and industry consistent with the National Technology Transfer and Advancement Act of 1995 (
Public Law 104–113
; 110 Stat. 775 ), for a secure and smooth transition to the standards under clause (i)."
"(a) In General .—The Director of NIST [National Institute of Standards and Technology], acting through the Associate Director for Laboratory Programs, shall develop and implement a comprehensive strategic plan for laboratory programs that expands—
"(1) interactions with academia, international researchers, and industry; and
"(2) commercial and industrial applications.
"(b) Optimizing Commercial and Industrial Applications .—In accordance with the purpose under section 1(b)(3) of the National Institute of Standards and Technology Act ( 15 U.S.C. 271(b)(3) ), the comprehensive strategic plan shall—
"(1) include performance metrics for the dissemination of fundamental research results, measurements, and standards research results to industry, including manufacturing, and other interested parties;
"(2) document any positive benefits of research on the competitiveness of the interested parties described in paragraph (1);
"(3) clarify the current approach to the technology transfer activities of NIST; and
"(4) consider recommendations from the National Academy of Sciences."
"(a) Definitions .—In this section—
"(1) Educationally useful federal equipment .—The term 'educationally useful Federal equipment' means computers and related peripheral tools and research equipment that is appropriate for use in schools.
"(2) School .—The term 'school' means a public or private educational institution that serves any of the grades of kindergarten through grade 12.
"(b) Sense of the Congress .—It is the sense of the Congress that the Director of the National Institute of Standards and Technology should, to the greatest extent practicable and in a manner consistent with applicable Federal law (including Executive Order No. 12999 [ 40 U.S.C. 549 note ]), donate educationally useful Federal equipment to schools in order to enhance the science and mathematics programs of those schools."
§12(c), Mar. 7, 1996, 110 Stat. 783 , provided that: "The National Institute of Standards and Technology shall, within 90 days after the date of enactment of this Act [Mar. 7, 1996], transmit to the Congress a plan for implementing the amendments made by this section [amending this section and enacting provisions set out as a note below]."
"(1) In general .—Except as provided in paragraph (3) of this subsection, all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities determined by the agencies and departments.
"(2) Consultation; participation .—In carrying out paragraph (1) of this subsection, Federal agencies and departments shall consult with voluntary, private sector, consensus standards bodies and shall, when such participation is in the public interest and is compatible with agency and departmental missions, authorities, priorities, and budget resources, participate with such bodies in the development of technical standards.
"(3) Exception .—If compliance with paragraph (1) of this subsection is inconsistent with applicable law or otherwise impractical, a Federal agency or department may elect to use technical standards that are not developed or adopted by voluntary consensus standards bodies if the head of each such agency or department transmits to the Office of Management and Budget an explanation of the reasons for using such standards. Each year, beginning with fiscal year 1997, the Office of Management and Budget shall transmit to Congress and its committees a report summarizing all explanations received in the preceding year under this paragraph.
"(4) Expenses of government personnel .— Section 5946 of title 5, United States Code , shall not apply with respect to any activity of an employee of a Federal agency or department that is determined by the head of that agency or department as being an activity undertaken in carrying out this subsection.
"(5) Definition of technical standards .—As used in this subsection, the term 'technical standards' means performance-based or design-specific technical specifications and related management systems practices."
"(a) Program .—The Secretary, acting through the Director of the National Institute of Standards and Technology and other appropriate officials, shall seek funding for and establish, within 6 months after the date of the enactment of this Act [Oct. 24, 1988], a program to assist other countries in the development of their domestic standards which are compatible with standards in general use in the United States. After the program is established, it shall be funded through voluntary contributions from the private sector to fully reimburse the United States for expenses incurred during fiscal years 1989 and 1990. The program shall begin on a pilot basis focusing on one or two countries or groups of countries which are major United States trading partners and have expressed interest in such program. The Secretary shall ensure that contributions which are earmarked by country are spent to assist the development of standards by that country or group of countries.
"(b) Long-Term Plan .—No later than June 30, 1989, 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 long-term plan for assistance under this section for each nation or group of nations which annually has imports of at least $1,000,000,000 from the United States (or has the potential for being a major importer from the United States) and which desires such assistance. The plan shall include a description of the resources needed to provide such assistance, the appropriate and likely sources of such funds, and the appropriate relationship between the program established under this section and private sector standards organizations. Special consideration is to be given to the feasibility of establishing a data base and other methods for making standards information developed in cooperation with one country available to other countries."
"(1) At least 60 days before its effective date and within 120 days after the date of the enactment of this Act [Aug. 23, 1988], an initial organization plan for the National Institute of Standards and Technology (hereafter in this part [see Short Title of 1988 Amendment note set out under section 271 of this title ] referred to as the 'Institute') shall be submitted by the Director of the Institute (hereafter in this part referred to as the 'Director') after consultation with the Visiting Committee on Advanced Technology, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Such plan shall—
"(A) establish the major operating units of the Institute;
"(B) assign each of the activities listed in section 2(c) of the Act of March 3, 1901 [ 15 U.S.C. 272(c) ], and all other functions and activities of the Institute, to at least one of the major operating units established under subparagraph (A);
"(C) provide details of a 2-year program for the Institute, including the Advanced Technology Program;
"(D) provide details regarding how the Institute will expand and fund the Inventions program in accordance with section 27 of the Act of March 3, 1901 [former 15 U.S.C. 278m ]; and
"(E) make no changes in the Center for Building Technology or the Center for Fire Research.
"(2) The Director may revise the organization plan. Any revision of the organization plan submitted under paragraph (1) shall be submitted to the appropriate committees of the House of Representatives and the Senate at least 60 days before the effective date of such revision.
"(3) Until the effective date of the organization plan, the major operating units of the Institute shall be the major operating units of the National Bureau of Standards that were in existence on the date of the enactment of this Act [Aug. 23, 1988] and the Advanced Technology Program."
title V, §5163(b), Aug. 23, 1988, 102 Stat. 1450 , provided that: "The Director of the National Institute of Standards and Technology shall prepare a plan detailing the manner in which the Institute will make small businesses more aware of the Institute's activities and research, and the manner in which the Institute will seek to increase the application by small businesses of the Institute's research, particularly in manufacturing. The plan shall be submitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives not later than 120 days after the date of the enactment of this Act [Aug. 23, 1988]."
Act Oct. 25, 1949, ch. 703, 63 Stat. 886 , provided for the construction and equipment of a suitable radio laboratory building, together with necessary utilities and appurtenances thereto, under a limit of cost of $4,475,000, for the National Bureau of Standards.
Act Oct. 25, 1949, ch. 728, 63 Stat. 905 , provided for the construction and equipment of a research laboratory building, suitable for use as a guided-missile laboratory, together with necessary utilities and appurtenances thereto, under a limit of cost of $1,900,000, for the National Bureau of Standards.
§2(a), Aug. 14, 2018, 132 Stat. 2444 , provided that: "In this section [amending this section and enacting provisions set out as notes under this section]:
"(1) Director .—The term 'Director' means the Director of the National Institute of Standards and Technology.
"(2) Resources .—The term 'resources' means guidelines, tools, best practices, standards, methodologies, and other ways of providing information.
"(3) Small business concern .—The term 'small business concern' has the meaning given such term in section 3 of the Small Business Act ( 15 U.S.C. 632 )."
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 272a -->
In addition to such other technology services and technology extension activities which may be mandated or authorized by law, and in order to help improve the use of technology by small and medium-sized industrial firms within the United States, the Director of the National Institute of Standards and Technology, as appropriate, shall—
(1) work directly with States, local governments, and other appropriate organizations to provide for extended distribution of Standard Reference Materials, Standard Reference Data, calibrations, and related technical services and to help transfer other expertise and technology to the States and to small businesses and other businesses within the States;
(2) evaluate those inventions from small businesses or individuals which have a significant potential for improving competitiveness;
(3) provide support for workshops on technical and entrepreneurial topics and share information developed through the Malcolm Baldrige Quality Award Program; and
(4) work with other Federal agencies to provide technical and related assistance to the States and businesses within the States.
Section was enacted as part of the National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, and not as part of the National Institute of Standards and Technology Act which comprises this chapter.
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 272b -->
The National Institute of Standards and Technology shall annually submit to the Congress, at the time of the release of the President's budget, a three year budget estimate for the Institute, including funding estimates for each major account and new initiative.
Section was enacted as part of the National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, and not as part of the National Institute of Standards and Technology Act which comprises this chapter.
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 273 -->
The Institute is authorized to exercise its functions for the Government of the United States and for international organizations of which the United States is a member; for governments of friendly countries; for any State or municipal government within the United States; or for any scientific society, educational institution, firm, corporation, or individual within the United States or friendly countries engaged in manufacturing or other pursuits requiring the use of standards or standard measuring instruments: Provided, That the exercise of these functions for international organizations, governments of friendly countries and scientific societies, educational institutions, firms, corporations, or individuals therein shall be in coordination with other agencies of the United States Government, in particular the Department of State in respect to foreign entities. All requests for the services of the Institute shall be made in accordance with the rules and regulations herein established.
"Herein", referred to in last sentence of this section, refers to act Mar. 3, 1901, ch. 872, which is classified generally to this chapter.
substituted "Institute" for "Bureau" and for "bureau".
authorized the Bureau to extend its services to international organizations of which the United States is a member, and for governments of friendly countries in coordination with the Department of State.
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 273a -->
There shall be in the Department of Commerce an Under Secretary of Commerce for Standards and Technology (in this section referred to as the "Under Secretary").
The Under Secretary shall be appointed by the President by and with the advice and consent of the Senate.
The Under Secretary shall be compensated at the rate in effect for level III of the Executive Schedule under section 5314 of title 5 .
The Under Secretary shall serve as the Director of the Institute and shall perform such duties as required of the Director by the Secretary under this chapter or by law.
The individual serving as the Director of the Institute on January 4, 2011, shall also serve as the Under Secretary until such time as a successor is appointed under subsection (b).
(Mar. 3, 1901, ch. 872, §4, as added
A prior section 4 of act Mar. 3, 1901, ch. 872, 31 Stat. 1449 , which was not classified to the Code, was repealed.
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 274 -->
The Director shall report directly to the Secretary and shall have the general supervision of the Institute, its equipment, and the exercise of its functions. The Director shall make an annual report to the Secretary of Commerce. The Director may issue, when necessary, bulletins for public distribution, containing such information as may be of value to the public or facilitate the exercise of the functions of the Institute.
struck out at beginning "The Director shall be appointed by the President, by and with the advice and consent of the Senate." and struck out at end "The Director shall be compensated at the rate in effect for level IV of the Executive Schedule under section 5315 of title 5 . Until such time as the Director assumes office under this section, the most recent Director of the National Bureau of Standards shall serve as Director."
substituted "The Director shall report directly to the Secretary and shall have the general" for "The Director shall have the general".
amended section generally, substituting provisions relating to appointment, powers and duties, and compensation of, and reports by, Director of the Institute for similar provisions relating to Director of the Bureau of Standards, striking out requirement that the annual report include an abstract of the work done during the year and a financial statement, and inserting provision that until such time as the Director assumes office under this section, the most recent Director of the National Bureau of Standards shall serve as Director.
substituted "The Director" for "He" at beginning of second, third, and fourth sentences, and inserted provisions relating to compensation for the Director.
effective Oct. 1, 1985, see section 6(c) of
set out as a note under section 5315 of Title 5 , Government Organization and Employees.
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 275 -->
The officers and employees of the Institute, except the director, shall be appointed by the Secretary at such time as their respective services may become necessary.
Notwithstanding section 3104 of title 5 or the provisions of any other law relating to the appointment, number, classification, or compensation of employees, the Secretary shall have the authority to make appointments of scientific, engineering, and professional personnel, and to fix the basic pay of such personnel at a rate to be determined by the Secretary at rates not in excess of the highest total annual compensation payable at the rate determined under section 104 of title 3 . The Director shall appoint not more than 15 personnel under this section.
The authority under section 1 (b) shall expire on the date that is 5 years after August 9, 2022.
August 9, 2022, referred to in subsec. (c), was in the original "the date of the enactment of this section", which was translated as meaning the date of enactment of
which amended this section generally, to reflect the probable intent of Congress.
amended section generally. Prior to amendment, text read as follows: "The officers and employees of the Institute, except the director, shall be appointed by the Secretary of Commerce at such time as their respective services may become necessary."
substituted "Institute" for "bureau".
Act Mar. 4, 1913, substituted "Secretary of Commerce" for "Secretary of Commerce and Labor".
Act Feb. 14, 1903, transferred power and authority of Secretary of the Treasury over Bureau of Standards to Secretary of Commerce and Labor.
title III, §3009, Aug. 9, 2007, 121 Stat. 592 , permitted the Director of the National Institute of Standards and Technology, until Sept. 30, 2010, to procure the temporary or intermittent services of no more than 200 experts or consultants per year to assist with urgent or short-term research projects and required the Comptroller General to submit to Congress, no later than 2 years after Aug. 9, 2007, a report on possible additional safeguards needed should the authority under this section be made permanent.
title V, §5115(c), Aug. 23, 1988, 102 Stat. 1433 , directed the Office of Personnel Management and the National Institute of Standards and Technology to jointly design an alternative personnel management system demonstration project to be commenced not later than Jan. 1, 1988, and to be conducted by the Director of the Institute in accordance with section 4703 of Title 5 , Government Organization and Employees, with the Director of the Office of Personnel Management to provide that the project be evaluated annually by a contractor, and a report of the contractor's findings submitted to the Office, and, along with any comments of the Office and the Institute, submitted to the Congress, and a final report to be submitted to the Congress by the Comptroller General not later than 4 years after the date on which the project commences, such report to include any recommendations for legislation or other action considered appropriate by the Comptroller General.
§10, Mar. 7, 1996, 110 Stat. 779 , provided that: "The personnel management demonstration project established under section 10 of the National Bureau of Standards Authorization Act for Fiscal Year 1987 [
] ( 15 U.S.C. 275 note ) is extended indefinitely."]
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 275a -->
The Secretary shall charge for services performed under the authority of section 273 of this title , except in cases where he determines that the interest of the Government would be best served by waiving the charge. Such charges may be based upon fixed prices or costs. The appropriation or fund bearing the cost of the services may be reimbursed, or the Secretary may require advance payment subject to such adjustment on completion of the work as may be agreed upon.
Provisions relating to fees were formerly contained in section 276 of this title .
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 275b -->
The Secretary of Commerce shall charge for any service performed by the Institute, at the request of another Government agency, in compliance with any statute, enacted before, on, or after October 6, 1982, which names the Secretary or the Institute as a consultant to another Government agency, or calls upon the Secretary or the Institute to support or perform any activity for or on behalf of another Government agency, or to cooperate with any Government agency in the performance by that agency of any activity, regardless of whether the statute specifically requires reimbursement to the Secretary or the Institute by such other Government agency for such service, unless funds are specifically appropriated to the Secretary or the Institute to perform such service. The Secretary may, however, waive any charge where the service rendered by the Institute is such that the Institute will incur only nominal costs in performing it. Costs shall be determined in accordance with section 278b(e) of this title .
Section was not enacted as part of the National Institute of Standards and Technology Act which comprises this chapter.
substituted "Institute" for "Bureau" wherever appearing.
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 275c -->
Fees for calibration services, standard reference materials, and other comparable services provided by the National Institute of Standards and Technology shall be at least sufficient to meet the requirements set forth in the amendments made by subsection (a), 1 and any funds recovered in excess of such requirements shall be returned to the Treasury of the United States.
The amendments made by subsection (a), referred to in text, mean the amendments made by subsec. (a) of section 5 of
which amended section 278b(f) of this title .
Section was not enacted as part of the National Institute and Technology Act which comprises this chapter.
substituted "National Institute of Standards and Technology" for "National Bureau of Standards".
§5(c), July 29, 1985, 99 Stat. 172 , provided that: "The amendments made by subsection (a) [amending section 278b of this title ] (and the provisions of subsection (b) [enacting this section]) shall be effective October 1, 1984."
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 276 -->
In the absence of specific agreement to the contrary, additional facilities, including equipment, purchased pursuant to the performance of services authorized by section 273 of this title shall become the property of the Department of Commerce.
1956—Act Aug. 3, 1956, substituted provisions relating to ownership of additional facilities by the Department of Commerce (formerly contained in section 278b of this title ) for those relating to fees, see section 275a of this title .
1932—Act June 30, 1932, inserted provision for payment of moneys into the Treasury, among other changes.
Amendment by act June 30, 1932, effective July 1, 1932, see section 314 of that act.
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 277 -->
The Secretary of Commerce shall, from time to time, make regulations regarding the payment of fees, the limits of tolerance to be attained in standards submitted for verification, the sealing of standards, the disbursement and receipt of moneys, and such other matters as he may deem necessary for carrying this chapter into effect.
Act Mar. 4, 1913, substituted "Secretary of Commerce" for "Secretary of Commerce and Labor".
Act Feb. 14, 1903, transferred power and authority of Secretary of the Treasury over Bureau of Standards to Secretary of Commerce and Labor.
CHAPTER 7 -NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY!@!Sec. 278 -->
There is established within the Institute a Visiting Committee on Advanced Technology (hereafter in this chapter referred to as the "Committee"). The Committee shall consist of not fewer than 9 members appointed by the Director, a majority of whom shall be from United States industry. The Director shall appoint as original members of the Committee any final members of the National Institute of Standards and Technology Visiting Committee who wish to serve in such capacity. In addition to any powers and functions otherwise granted to it by this chapter, the Committee shall review and make recommendations regarding general policy for the Institute, its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress.
The persons appointed as members of the Committee—
(1) shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations;
(2) shall be selected solely on the basis of established records of distinguished service;
(3) shall not be employees of the Federal Government; and
(4) shall be so selected as to provide representation of a cross-section of the traditional and emerging United States industries.
The Director is requested, in making appointments of persons as members of the Committee, to give due consideration to any recommendations which may be submitted to the Director by the National Academies, professional societies, business associations, labor associations, and other appropriate organizations.
(1) The term of office of each member of the Committee, other than the original members, shall be 3 years; except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has completed two consecutive full terms of service on the Committee shall thereafter be ineligible for appointment during the one-year period following the expiration of the second such term.
(2) The original members of the Committee shall be elected to three classes of three members each; one class shall have a term of one year, one a term of two years, and the other a term of three years.
The Committee shall meet at least twice each year at the call of the Chairman or whenever one-third of the members so request in writing. A majority of the members of the Committee not having a conflict of interest in the matter being considered by the Committee shall constitute a quorum. Each member shall be given appropriate notice, whenever possible, not less than 15 days prior to any meeting, of the call of such meeting.
The Committee shall have an executive committee, and may delegate to it or to the Secretary such of the powers and functions granted to the Committee by this chapter as it deems appropriate. The Committee is authorized to appoint from among its members such other committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Committee deems appropriate to assist it in exercising its powers and functions under this chapter.
The election of the Chairman and Vice Chairman of the Committee shall take place at each annual meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Committee shall elect a member to fill such vacancy.
The Committee may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of not more than four professional staff members and such clerical staff members as may be necessary. Such staff shall be appointed by the Director, after consultation with the Chairman of the Committee, and assigned at the direction of the Committee. The professional members of such staff may be appointed without regard to the provisions of title 5 governing appointments in the competitive service and the provisions of chapter 51 of title 5 relating to classification, and compensated at a rate not exceeding the appropriate rate provided for individuals in grade GS–18 of the General Schedule under section 5332 of title 5 , as may be necessary to provide for the performance of such duties as may be prescribed by the Committee in connection with the exercise of its powers and functions under this chapter.
(1) The Committee shall render an annual report to the Secretary for submission to the Congress not later than 30 days after the submittal to Congress of the President's annual budget request in each year. Such report shall deal essentially, though not necessarily exclusively, with policy issues or matters which affect the Institute or with which the Committee in its official role as the private sector policy advisor of the Institute is concerned. Each such report shall identify areas of research and research techniques of the Institute of potential importance to the long-term competitiveness of United States industry, in which the Institute possesses special competence, which could be used to assist United States enterprises and United States industrial joint research and development ventures.
(2) The Committee shall render to the Secretary and the Congress such additional reports on specific policy matters as it deems appropriate.