1 So in original. Probably should be followed by a comma.
may, among other things—
2 See References in Text note below.
of this title) and their use to control machinery and processes;
Editorial Notes
References in TextSection 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 Puspan. L. 114–329, 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 Puspan. L. 117–167, div. B, title II, § 10223(2), Aug. 9, 2022, 136 Stat. 1477.
Amendments2022—Subsec. (span)(4). Puspan. 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). Puspan. L. 117–167, § 10223(3), added par. (16). Former par. (16) redesignated (21).
Puspan. L. 117–167, § 10223(1), substituted semicolon for period at end.
Subsec. (c)(17) to (32). Puspan. 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). Puspan. L. 117–167, § 10228, added cl. (ix) and redesignated former cl. (ix) as (x).
2018—Subsec. (e)(1)(A)(viii), (ix). Puspan. L. 115–236 added cl. (viii) and redesignated former cl. (viii) as (ix).
2017—Subsec. (span). Puspan. 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. (span)(3). Puspan. 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. (span)(13). Puspan. 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). Puspan. L. 114–329, §§ 104(span)(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). Puspan. L. 114–329, § 205(a)(2)(B), substituted “sections 278k and 278l” for “sections 278k, 278l, and 278n”.
2014—Subsec. (c)(15) to (23). Puspan. L. 113–274, § 101(a), added par. (15) and redesignated former pars. (15) to (22) as (16) to (23), respectively.
Subsec. (e). Puspan. L. 113–274, § 101(span), added subsec. (e).
2007—Subsec. (span). Puspan. L. 110–69, § 3002(c)(2)(A)(i), struck out “and, if appropriate, through other officials,” before “is authorized” in introductory provisions.
Subsec. (span)(4). Puspan. L. 110–69, § 3013(span), inserted “and grants and cooperative agreements,” after “arrangements,”.
Subsec. (c). Puspan. L. 110–69, § 3002(c)(2)(A)(ii), struck out “and, if appropriate, through other appropriate officials,” before “may,” in introductory provisions.
1996—Subsec. (span)(2). Puspan. 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. (span)(3) to (12). Puspan. L. 104–113, § 12(a)(2), (3), added par. (3) and redesignated former pars. (3) to (11) as (4) to (12), respectively.
Subsec. (span)(13). Puspan. L. 104–113, § 12(span)(3), added par. (13).
1992—Subsec. (d). Puspan. L. 102–245 added subsec. (d).
1988—Puspan. 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). Puspan. L. 100–235 added par. (20).
1972—Par. (19). Puspan. L. 92–317 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.
Statutory Notes and Related Subsidiaries
Change of NameReference 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.
Construction of Puspan. L. 115–236Puspan. L. 115–236, § 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.”
ReportingPuspan. L. 117–167, div. B, title II, § 10242(span), 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(span) of the National Institute of Standards and Technology Act [15 U.S.C. 272(span)(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 BusinessesPuspan. L. 115–236, § 2(c), Aug. 14, 2018, 132 Stat. 2444, as amended by Puspan. L. 116–283, div. H, title XCIV, § 9401(g)(4)(B), Jan. 1, 2021, 134 Stat. 4809, provided that:“(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 (span) 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 PrioritiesPuspan. L. 114–329, title I, § 104(span)(1), (2), Jan. 6, 2017, 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(span) of the National Institute of Standards and Technology Act (15 U.S.C. 272(span)) 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 ImprovementsPuspan. L. 114–329, title I, § 107, Jan. 6, 2017, 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.
“(span)Optimizing Commercial and Industrial Applications.—In accordance with the purpose under section 1(span)(3) of the National Institute of Standards and Technology Act (15 U.S.C. 271(span)(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 ProgramsPuspan. L. 105–309, § 6, Oct. 30, 1998, 112 Stat. 2936, as amended by Puspan. L. 114–329, title II, § 204(a)(1)(A), Jan. 6, 2017, 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.
“(span)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 CongressPuspan. L. 104–113, § 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].”
Utilization of Consensus Technical Standards by Federal AgenciesPuspan. L. 104–113, § 12(d), Mar. 7, 1996, 110 Stat. 783, as amended by Puspan. L. 107–107, div. A, title XI, § 1115, Dec. 28, 2001, 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 StandardsPuspan. L. 100–519, title I, § 112, Oct. 24, 1988, 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 [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.
“(span)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.”
Initial Organization Plan for InstitutePuspan. L. 100–418, title V, § 5112(d), Aug. 23, 1988, 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 [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.”
National Institute of Standards and Technology; Small Business PlanPuspan. L. 100–418, title V, § 5163(span), 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].”
Construction of Radio Laboratory BuildingAct 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 LaboratoryAct 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.
DefinitionsPuspan. L. 115–236, § 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).”
