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119th Congress

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119th Congress

Title 15 — Commerce and Trade

Chapter 7 — National Institute of Standards and Technology

§ 272. Establishment, functions, and activities

Statutory text

(a)

Establishment of National Institute of Standards and Technology

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”).

(b)

Functions of Secretary and 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.

(c)

Implementation activities

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.

(d)

Management costs

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.

(e)

Cyber risks

(1)

In general

In carrying out the activities under subsection (c)(15), the Director—

(A)

shall—

(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.

(2)

Limitation

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.

(3)

Definitions

In this subsection:

(A)

Critical infrastructure

The term “critical infrastructure” has the meaning given the term in section 5195c(e) of title 42.

(B)

Sector-specific agency

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.

Footnotes

  1. 1 So in original. Probably should be followed by a comma.
  2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 56–872 § 2 · 31 Stat. 1449

    Enacted · 15 U.S.C. § 272

    Mar. 3, 1901, ch. 872, § 2, 31 Stat. 1449

    Source evidence

    Code source credit
    Mar. 3, 1901, ch. 872, § 2, 31 Stat. 1449

    Enacted provision · exact public law section
    Sec. 2. That the functions of the bureau shall consist in the custody Functions of bureau. of the standards; the comparison of the standards used in scientific investigations, engineering, manufacturing, commerce, and educational institutions with the standards adopted or recognized by the Government; the construction, when necessary, of standards, their multiples and subdivisions; the testing and calibration of standard measuring apparatus: the solution of problems which arise in connection with standards; the determination of physical constants and the properties of materials, when Such data are of great importance to scientific or manufacturing interests and are not to be obtained of sufficient accuracy elsewhere.

  2. Pub. L. 92–317 § 3(b) · 86 Stat. 234

    Inserted · 15 U.S.C. § 272(19)

    Pub. L. 92–317 inserted provisions authorizing use of National Bureau of Standards personnel for teaching and training activities without additional compensation

    Source evidence

    Code amendment note
    Par. (19). Pub. L. 92–317 inserted provisions authorizing use of National Bureau of Standards personnel for teaching and training activities without additional compensation.

    Enacted provision · exact public law section
    (b) Such Act is further amended by striking the period at the Teaching authority. 64 Stat. 371. 15 USC 272. end of paragraph (19) of section 2, by inserting a comma in lien thereof and by adding the following: “and including the use of National Bureau of Standards scientific or technical personnel 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 without additional compensation other than that provided by law.”

  3. Computer Security Act of 1987

    Pub. L. 100–235 § 3(1) · 101 Stat. 1724

    Added · 15 U.S.C. § 272(20)

    Pub. L. 100–235 added par. (20)

    Source evidence

    Code amendment note
    Par. (20). Pub. L. 100–235 added par. (20).

    Enacted provision · exact public law section
    (1) 15 USC 272. in section 2(f), by striking out “and” at the end of paragraph (18), by striking out the period at the end of paragraph (19) and inserting in lieu thereof: “; and”, and by inserting after such paragraph the following: “(20) the study of computer systems (as that term is defined in section 20(d) of this Act) and their use to control machinery and processes.”;

  4. Technology Competitiveness Act

    Pub. L. 100–418 title V § 5112(a) · 102 Stat. 1107

    1. Amended · 15 U.S.C. § 272

      Pub. L. 100–418 amended section generally

    2. Substituted · 15 U.S.C. § 272

      Pub. L. 100–418 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

    Source evidence

    Code amendment note
    Pub. L. 100–418 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.

    Enacted provision · exact public law section
    (a) Establishment, Functions, and Activities of the Institute.— Section 2 of the Act of March 3, 1901 (15 U.S.C. 272) is amended to read as follows: “Sec. 2. “establishment, functions, and activities (a) 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 Act referred to as the ‘Institute’). “(b) The Secretary of Commerce (hereafter in this Act referred to as the ‘Secretary’) acting through the Director of the Institute (hereafter in this Act referred to as the ‘Director’) and, if appropriate, through other officials, is authorized to take all actions necessary and appropriate to accomplish the purposes of this Act, 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, including comparing standards used in scientific investigations, engineering, manufacturing, commerce, industry, and educational institutions with the standards adopted or recognized by the Federal Government; “(3) to enter into contracts, including cooperative research and development arrangements, in furtherance of the purposes of this Act; “(4) 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; “(5) to assist industry in the development of measurements, measurement methods, and basic measurement technology; “(6) 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; “(7) to develop a fundamental basis and methods for testing materials, mechanisms, structures, equipment, and systems, including those used by the Federal Government; “(8) to assure the compatibility of United States national measurement standards with those of other nations; “(9) 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; “(10) to advise government and industry on scientific and technical problems; and “(11) to invent, develop, and (when appropriate) promote transfer to the private sector of measurement devices to serve special national needs. “(c) In carrying out the functions specified in subsection (b), the Secretary, acting through the Director and, if appropriate, through other appropriate officials, 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 Act, 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 radio-active 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 20(d) of this Act) 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) 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; “(16) 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; “(17) 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; “(18) collect, create, analyze, and maintain specimens of scientific value; “(19) operate national user facilities; “(20) 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; “(21) 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 “(22) undertake such other activities similar to those specified in this subsection as the Director determines appropriate.”.

  5. Emerging Technologies and Advanced Technology Program Amendments Act of 1991

    Pub. L. 102–245 title II § 201(e) · 106 Stat. 7

    Added · 15 U.S.C. § 272(d)

    Pub. L. 102–245 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–245 added subsec. (d).

    Enacted provision · exact public law section
    (e) Management Costs.— Section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272) is amended by adding at the end thereof the following new subsection: “(d) In carrying out the extramural funding programs of the Institute, including the programs established under sections 25, 26, and 28 of this Act, 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.”.

  6. National Technology Transfer and Advancement Act of 1995

    Pub. L. 104–113 § 12(a)(1) · 110 Stat. 775

    Struck · 15 U.S.C. § 272(b)(2)

    Pub. L. 104–113, § 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”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 104–113, § 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”.

    Enacted provision · exact public law section
    (1) in paragraph (2), by striking “, including comparing standards” and all that follows through “Federal Government”,

  7. National Technology Transfer and Advancement Act of 1995

    Pub. L. 104–113 § 12(a)(2) · 110 Stat. 775

    1. Added · 15 U.S.C. § 272(b)(3)(12)

      Pub. L. 104–113, § 12(a)(2), (3), added par. (3)

    2. Redesignated · 15 U.S.C. § 272(b)(3)(12)

      Pub. L. 104–113, § 12(a)(2), (3), redesignated former pars. (3) to (11) as (4) to (12), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(3) to (12). Pub. L. 104–113, § 12(a)(2), (3), added par. (3) and redesignated former pars. (3) to (11) as (4) to (12), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (3) through (11) as paragraphs (4) through (12), respectively; and

  8. National Technology Transfer and Advancement Act of 1995

    Pub. L. 104–113 § 12(b)(3) · 110 Stat. 775

    Added · 15 U.S.C. § 272(b)(13)

    Pub. L. 104–113, § 12(b)(3), added par. (13)

    Source evidence

    Code amendment note
    Subsec. (b)(13). Pub. L. 104–113, § 12(b)(3), added par. (13).

    Enacted provision · exact public law section
    (3) by adding at the end the following new paragraph: “(13) to coordinate Federal, State, and local technical standards activities and conformity assessment activities, 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 assess-ment requirements and measures.”.

  9. America COMPETES Act

    Pub. L. 110–69 § 3002(c)(2)(A)(i) · 121 Stat. 572

    Struck · 15 U.S.C. § 272(b)

    Pub. L. 110–69, § 3002(c)(2)(A)(i), struck out “and, if appropriate, through other officials,” before “is authorized” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–69, § 3002(c)(2)(A)(i), struck out “and, if appropriate, through other officials,” before “is authorized” in introductory provisions.

    Enacted provision · exact public law section
    (i) in subsection (b), by striking “and, if appropriate, through other officials,”; and

  10. America COMPETES Act

    Pub. L. 110–69 § 3013(b) · 121 Stat. 572

    Inserted · 15 U.S.C. § 272(b)(4)

    Pub. L. 110–69, § 3013(b), inserted “and grants and cooperative agreements,” after “arrangements,”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 110–69, § 3013(b), inserted “and grants and cooperative agreements,” after “arrangements,”.

    Enacted provision · exact public law section
    (b) Financial Agreements Clarification.— Section 2(b)(4) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)(4)) is amended by inserting “and grants and cooperative agreements,” after “arrangements,”.

  11. America COMPETES Act

    Pub. L. 110–69 § 3002(c)(2)(A)(ii) · 121 Stat. 572

    Struck · 15 U.S.C. § 272(c)

    Pub. L. 110–69, § 3002(c)(2)(A)(ii), struck out “and, if appropriate, through other appropriate officials,” before “may,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–69, § 3002(c)(2)(A)(ii), struck out “and, if appropriate, through other appropriate officials,” before “may,” in introductory provisions.

    Enacted provision · exact public law section
    (ii) in subsection (c), by striking “and, if appropriate, through other appropriate officials,”; and

  12. Cybersecurity Enhancement Act of 2014

    Pub. L. 113–274 § 101(a) · 128 Stat. 2971

    1. Added · 15 U.S.C. § 272(c)(15)(23)

      Pub. L. 113–274, § 101(a), added par. (15)

    2. Redesignated · 15 U.S.C. § 272(c)(15)(23)

      Pub. L. 113–274, § 101(a), redesignated former pars. (15) to (22) as (16) to (23), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(15) to (23). Pub. L. 113–274, § 101(a), added par. (15) and redesignated former pars. (15) to (22) as (16) to (23), respectively.

    Enacted provision · exact public law section
    (a) Cybersecurity.— Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)) is amended— (1) by redesignating paragraphs (15) through (22) as paragraphs (16) through (23), respectively; and (2) by inserting after paragraph (14) the following: “(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));” .

  13. Cybersecurity Enhancement Act of 2014

    Pub. L. 113–274 § 101(b) · 128 Stat. 2971

    Added · 15 U.S.C. § 272(e)

    Pub. L. 113–274, § 101(b), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–274, § 101(b), added subsec. (e).

    Enacted provision · exact public law section
    (b) Scope and Limitations.— Section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272) is amended by adding at the end the following: “(e) Cyber Risks.— “(1) In general.— In carrying out the activities under subsection (c)(15), the Director— “(A) shall— “(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; and “(viii) 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. “(2) Limitation.— 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. “(3) Definitions.— In this subsection: “(A) Critical infrastructure.— The term ‘critical infrastructure’ has the meaning given the term in section 1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)). “(B) Sector-specific agency.— 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.” .

  14. American Innovation and Competitiveness Act

    Pub. L. 114–329 § 403(1) · 130 Stat. 2969

    Substituted · 15 U.S.C. § 272(b)

    Pub. L. 114–329, § 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”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–329, § 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”.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking “authorized to take” and inserting “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”;

  15. American Innovation and Competitiveness Act

    Pub. L. 114–329 § 403(2) · 130 Stat. 2969

    Substituted · 15 U.S.C. § 272(b)(3)

    Pub. L. 114–329, § 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”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 114–329, § 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”.

    Enacted provision · exact public law section
    (2) in paragraph (3), by striking “compare standards” and all that follows through “Federal Government” and inserting “facilitate standards-related information sharing and cooperation between Federal agencies”; and

  16. American Innovation and Competitiveness Act

    Pub. L. 114–329 § 403(3) · 130 Stat. 2969

    Substituted · 15 U.S.C. § 272(b)(13)

    Pub. L. 114–329, § 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”

    Source evidence

    Code amendment note
    Subsec. (b)(13). Pub. L. 114–329, § 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”.

    Enacted provision · exact public law section
    (3) in paragraph (13), by striking “Federal, State, and local” and all that follows through “private sector” and inserting “technical standards activities and conformity assessment activities of Federal, State, and local governments with private sector”.

  17. American Innovation and Competitiveness Act

    Pub. L. 114–329 title I § 104(b)(4) · 130 Stat. 2969

    1. Added · 15 U.S.C. § 272(c)(16)(27)

      Pub. L. 114–329, §§ 104(b)(4), 202(d), added pars. (16) and (19) to (21)

    2. Redesignated · 15 U.S.C. § 272(c)(16)(27)

      Pub. L. 114–329, §§ 104(b)(4), 202(d), redesignated former pars. (16) and (17) as (17) and (18), respectively

    3. Redesignated · 15 U.S.C. § 272(c)(16)(27)

      Pub. L. 114–329, §§ 104(b)(4), 202(d), redesignated former pars. (18) to (23) as (22) to (27), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(16) to (27). Pub. L. 114–329, §§ 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.

    Enacted provision · exact public law section
    (4) Voting.— Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)) is amended— (A) by redesignating paragraphs (16) through (23) as paragraphs (17) through (24), respectively; and (B) by inserting after paragraph (15) the following: “(16) 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.” .

  18. American Innovation and Competitiveness Act

    Pub. L. 114–329 § 205(a)(2)(B) · 130 Stat. 2969

    Substituted · 15 U.S.C. § 272(d)

    Pub. L. 114–329, § 205(a)(2)(B), substituted “sections 278k and 278l” for “sections 278k, 278l, and 278n”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–329, § 205(a)(2)(B), substituted “sections 278k and 278l” for “sections 278k, 278l, and 278n”.

    Enacted provision · exact public law section
    (B) Management costs.— Section 2(d) of the National Institute of Standards and Technology Act (15 U.S.C. 272(d)) is amended by striking “sections 25, 26, and 28” and inserting “sections 25 and 26”.

  19. NIST Small Business Cybersecurity Act

    Pub. L. 115–236 § 2(b) · 132 Stat. 2444

    1. Added · 15 U.S.C. § 272(e)(1)(A)(viii); 15 U.S.C. § 272(e)(1)(A)(ix)

      Pub. L. 115–236 added cl. (viii)

    2. Redesignated · 15 U.S.C. § 272(e)(1)(A)(viii); 15 U.S.C. § 272(e)(1)(A)(ix)

      Pub. L. 115–236 redesignated former cl. (viii) as (ix)

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A)(viii), (ix). Pub. L. 115–236 added cl. (viii) and redesignated former cl. (viii) as (ix).

    Enacted provision · exact public law section
    (b) Small Business Cybersecurity.— Section 2(e)(1)(A) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)(1)(A)) is amended— (1) in clause (vii), by striking “and” at the end; (2) by redesignating clause (viii) as clause (ix); and (3) by inserting after clause (vii) the following: “(viii) consider small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)); and” .

  20. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10242(a) · 136 Stat. 1366

    Amended · 15 U.S.C. § 272(b)(4)

    Pub. L. 117–167, § 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;”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 117–167, § 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;”.

    Enacted provision · exact public law section
    (a) In General.— Paragraph (4) of section 2(b) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)) is amended to read as follows: “(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 Act;” .

  21. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10223(3) · 136 Stat. 1366

    Redesignated · 15 U.S.C. § 272(c)(16)

    Pub. L. 117–167, § 10223(3), added par. (16). Former par. (16) redesignated (21)

    Source evidence

    Code amendment note
    Subsec. (c)(16). Pub. L. 117–167, § 10223(3), added par. (16). Former par. (16) redesignated (21).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (15) the following: “(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;” .

  22. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10223(1) · 136 Stat. 1366

    Substituted · 15 U.S.C. § 272(c)(16)

    Pub. L. 117–167, § 10223(1), substituted semicolon for period at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–167, § 10223(1), substituted semicolon for period at end.

    Enacted provision · exact public law section
    (1) in paragraph (16), by striking the period at the end and inserting a semicolon;

  23. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10223(2) · 136 Stat. 1366

    1. Added · 15 U.S.C. § 272(c)(17)(32)

      Pub. L. 117–167, § 10223(2), (3), added pars. (17) to (20)

    2. Redesignated · 15 U.S.C. § 272(c)(17)(32)

      Pub. L. 117–167, § 10223(2), (3), redesignated former pars. (16) to (27) as (21) to (32), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(17) to (32). Pub. L. 117–167, § 10223(2), (3), added pars. (17) to (20) and redesignated former pars. (16) to (27) as (21) to (32), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (16) through (27) as paragraphs (21) through (32), respectively; and

  24. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10228 · 136 Stat. 1366

    1. Added · 15 U.S.C. § 272(e)(1)(A)(ix); 15 U.S.C. § 272(e)(1)(A)(x)

      Pub. L. 117–167, § 10228, added cl. (ix)

    2. Redesignated · 15 U.S.C. § 272(e)(1)(A)(ix); 15 U.S.C. § 272(e)(1)(A)(x)

      Pub. L. 117–167, § 10228, redesignated former cl. (ix) as (x)

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A)(ix), (x). Pub. L. 117–167, § 10228, added cl. (ix) and redesignated former cl. (ix) as (x).

    Enacted provision · exact public law section
    SEC. 10228. PROTECTING RESEARCH FROM CYBERSECURITY THEFT.   Subparagraph (A) of section 2(e)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)(1)) is amended— (1) in clause (viii), by striking “and” after the semicolon; (2) by redesignating clause (ix) as clause (x); and (3) by inserting after clause (viii) the following: “(ix) consider institutions of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and” .

32 of 32 references resolved to an enrolled provision

Editorial Notes

References in Text

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 Pub. L. 114–329, title II, , 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 Pub. L. 117–167, div. B, title II, § 10223(2), , 136 Stat. 1477.

Amendments1950–2022 · 10 rounds

2022

Subsec. (b)(4). Pub. L. 117–167, § 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;”.

Subsec. (c)(16). Pub. L. 117–167, § 10223(3), added par. (16). Former par. (16) redesignated (21).

Pub. L. 117–167, § 10223(1), substituted semicolon for period at end.

Subsec. (c)(17) to (32). Pub. L. 117–167, § 10223(2), (3), added pars. (17) to (20) and redesignated former pars. (16) to (27) as (21) to (32), respectively.

Subsec. (e)(1)(A)(ix), (x). Pub. L. 117–167, § 10228, added cl. (ix) and redesignated former cl. (ix) as (x).

2018

Subsec. (e)(1)(A)(viii), (ix). Pub. L. 115–236 added cl. (viii) and redesignated former cl. (viii) as (ix).

2017

Subsec. (b). Pub. L. 114–329, § 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”.

Subsec. (b)(3). Pub. L. 114–329, § 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”.

Subsec. (b)(13). Pub. L. 114–329, § 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). Pub. L. 114–329, §§ 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.

Subsec. (d). Pub. L. 114–329, § 205(a)(2)(B), substituted “sections 278k and 278l” for “sections 278k, 278l, and 278n”.

2014

Subsec. (c)(15) to (23). Pub. L. 113–274, § 101(a), added par. (15) and redesignated former pars. (15) to (22) as (16) to (23), respectively.

Subsec. (e). Pub. L. 113–274, § 101(b), added subsec. (e).

2007

Subsec. (b). Pub. L. 110–69, § 3002(c)(2)(A)(i), struck out “and, if appropriate, through other officials,” before “is authorized” in introductory provisions.

Subsec. (b)(4). Pub. L. 110–69, § 3013(b), inserted “and grants and cooperative agreements,” after “arrangements,”.

Subsec. (c). Pub. L. 110–69, § 3002(c)(2)(A)(ii), struck out “and, if appropriate, through other appropriate officials,” before “may,” in introductory provisions.

1996

Subsec. (b)(2). Pub. L. 104–113, § 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). Pub. L. 104–113, § 12(a)(2), (3), added par. (3) and redesignated former pars. (3) to (11) as (4) to (12), respectively.

Subsec. (b)(13). Pub. L. 104–113, § 12(b)(3), added par. (13).

1992

Subsec. (d). Pub. L. 102–245 added subsec. (d).

1988

Pub. L. 100–418 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.

Par. (20). Pub. L. 100–235 added par. (20).

1972

Par. (19). Pub. L. 92–317 inserted provisions authorizing use of National Bureau of Standards personnel for teaching and training activities without additional compensation.

1950

Act , provided basic authority for performance of certain functions and activities of Department of Commerce.

Statutory Notes and Related Subsidiaries

Change of Name

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 .

Construction of Pub. L. 115–236

Pub. L. 115–236, § 2(d), , 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.”

Reporting

Pub. L. 117–167, div. B, title II, § 10242(b), , 136 Stat. 1487, provided that:

“Not later than one year after the date of the enactment of this Act [] 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.”

Dissemination of Resources for Small Businesses

Pub. L. 115–236, § 2(c), , 132 Stat. 2444, as amended by Pub. L. 116–283, div. H, title XCIV, § 9401(g)(4)(B), , 134 Stat. 4809, provided that:

“(1)

In general.—

Not later than one year after the date of the enactment of this Act [], 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) [15 U.S.C. 7443].

“(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) [130 Stat. 2662].

“(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.”

NIST Cybersecurity Priorities

Pub. L. 114–329, title I, § 104(b)(1), (2), , 130 Stat. 2975, provided that:

“(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).”

Laboratory Program Improvements

Pub. L. 114–329, title I, § 107, , 130 Stat. 2987, provided that:

“(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.”

Enhancement of Science and Mathematics Programs

Pub. L. 105–309, § 6, , 112 Stat. 2936, as amended by Pub. L. 114–329, title II, § 204(a)(1)(A), , 130 Stat. 2998, provided that:

“(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.”

Transmittal of Plan for Standards Conformity to Congress

Pub. L. 104–113, § 12(c), , 110 Stat. 783, provided that: “The National Institute of Standards and Technology shall, within 90 days after the date of enactment of this Act [], 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].”

Utilization of Consensus Technical Standards by Federal Agencies

Pub. L. 104–113, § 12(d), , 110 Stat. 783, as amended by Pub. L. 107–107, div. A, title XI, § 1115, , 115 Stat. 1241, provided that:

“(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.”

International Standards

Pub. L. 100–519, title I, § 112, , 102 Stat. 2592, provided that:

“(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 [], 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 , 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.”

Initial Organization Plan for Institute

Pub. L. 100–418, title V, § 5112(d), , 102 Stat. 1431, provided that:

“(1)

At least 60 days before its effective date and within 120 days after the date of the enactment of this Act [], 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 [] and the Advanced Technology Program.”

National Institute of Standards and Technology; Small Business Plan

Pub. L. 100–418, title V, § 5163(b), , 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 [].”

Construction of Radio Laboratory Building

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.

Construction of a Guided-Missile Research Laboratory

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.

Definitions

Pub. L. 115–236, § 2(a), , 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).”

Credits

1901–2022 · 12 acts
  1. 1901Mar. 3, 1901, ch. 872, § 2, 31 Stat. 1449
  2. 1950July 22, 1950, ch. 486, § 1, 64 Stat. 371
  3. 1972Pub. L. 92–317, § 3(b), , 86 Stat. 235
  4. 1988Pub. L. 100–235, § 3(1), , 101 Stat. 1724
  5. 1988Pub. L. 100–418, title V, § 5112(a), , 102 Stat. 1428
  6. 1992Pub. L. 102–245, title II, § 201(e), , 106 Stat. 19
  7. 1996Pub. L. 104–113, § 12(a), (b), , 110 Stat. 782
  8. 2007Pub. L. 110–69, title III, §§ 3002(c)(2)(A), 3013(b), , 121 Stat. 586, 598
  9. 2014Pub. L. 113–274, title I, § 101(a), (b), , 128 Stat. 2972
  10. 2017Pub. L. 114–329, title I, § 104(b)(4), title II, §§ 202(d), 205(a)(2)(B), title IV, § 403, , 130 Stat. 2976, 2998, 3000, 3023
  11. 2018Pub. L. 115–236, § 2(b), , 132 Stat. 2444
  12. 2022Pub. L. 117–167, div. B, title II, §§ 10223, 10228, 10242(a), , 136 Stat. 1477, 1481, 1487.
Show as published

(Mar. 3, 1901, ch. 872, § 2, 31 Stat. 1449; July 22, 1950, ch. 486, § 1, 64 Stat. 371; Pub. L. 92–317, § 3(b), , 86 Stat. 235; Pub. L. 100–235, § 3(1), , 101 Stat. 1724; Pub. L. 100–418, title V, § 5112(a), , 102 Stat. 1428; Pub. L. 102–245, title II, § 201(e), , 106 Stat. 19; Pub. L. 104–113, § 12(a), (b), , 110 Stat. 782; Pub. L. 110–69, title III, §§ 3002(c)(2)(A), 3013(b), , 121 Stat. 586, 598; Pub. L. 113–274, title I, § 101(a), (b), , 128 Stat. 2972; Pub. L. 114–329, title I, § 104(b)(4), title II, §§ 202(d), 205(a)(2)(B), title IV, § 403, , 130 Stat. 2976, 2998, 3000, 3023; Pub. L. 115–236, § 2(b), , 132 Stat. 2444; Pub. L. 117–167, div. B, title II, §§ 10223, 10228, 10242(a), , 136 Stat. 1477, 1481, 1487.)

Parsed from the official OLRC USLM XML in data/usc_all/usc15.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t15/s272