15 U.S.C. § 272 — Establishment, functions, and activities

Page 652 TITLE 15—COMMERCE AND TRADE § 272 of this title and enacting provisions set out as a note under section 278k of this title] may be cited as the ‘NIST Grants for Energy Efficiency, New Job Opportu- nities, and Business Solutions Act of 2010’ or the ‘NIST GREEN JOBS Act of 2010’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–240, title IV, § 4221, Sept. 27, 2010, 124 Stat. 2596, provided that: ‘‘This part [part I (§§ 4221–4228) of subtitle B of title IV of Pub. L. 111–240, amending sec- tion 278k of this title and enacting provisions set out as a note under section 278n of this title] may be cited as the ‘Export Promotion Act of 2010’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–309, § 1, Oct. 30, 1998, 112 Stat. 2935, pro- vided that: ‘‘This Act [enacting sections 278g–2a, 278p, and 1511e of this title, amending sections 278k, 3704, and 3711a of this title, enacting provisions set out as notes under sections 272 and 3711 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Technology Administration Act of 1998’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–245, title II, § 201(a), Feb. 14, 1992, 106 Stat. 15, provided that: ‘‘This title [amending sections 272 and 278n of this title and enacting provisions set out as notes under section 278n of this title] may be cited as the ‘Emerging Technologies and Advanced Technology Program Amendments Act of 1991’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–418, title V, § 5101, Aug. 23, 1988, 102 Stat. 1426, provided that: ‘‘This part [part I (§§ 5101–5164) of subtitle B of title V of Pub. L. 100–418, enacting sec- tions 205j–1, 278i to 278o, 282a, 1532, 1533, 3704a, and 4632 of this title, amending this section, sections 205a, 205b, 205k, 272 to 275, 278, 278b, 278d, 278e, 278g to 278g–4, 3703, 3706, 3708, 3710, 3710c, and 3713 of this title, and section 5315 of Title 5, Government Organization and Employ- ees, repealing sections 280 to 282 of this title, enacting provisions set out as notes under this section, sections 272, 278l, and 278n of this title, and section 1803 of Title 30, Mineral Lands and Mining, and amending provisions set out as a note under this section] may be cited as the ‘Technology Competitiveness Act’.’’ SHORT TITLE Act Mar. 3, 1901, ch. 872, § 36, formerly § 23, as added by Pub. L. 100–235, § 3(3), Jan. 8, 1988, 101 Stat. 1728; renum- bered § 31 and amended Pub. L. 100–418, title V, §§ 5114(1), 5115(a)(2), Aug. 23, 1988, 102 Stat. 1432, 1433; renumbered § 32, Pub. L. 105–309, § 4(a), Oct. 30, 1998, 112 Stat. 2935; re- numbered § 34, Pub. L. 110–69, title III, § 3007(1), Aug. 9, 2007, 121 Stat. 590; renumbered § 35, Pub. L. 113–235, div. B, title VII, § 703(1), Dec. 16, 2014, 128 Stat. 2221; renum- bered § 36, Pub. L. 117–167, div. B, title II, § 10230(1), Aug. 9, 2022, 136 Stat. 1482, provided that: ‘‘This Act [enact- ing this chapter] may be cited as the National Institute of Standards and Technology Act.’’ SAVINGS PROVISION Act Mar. 3, 1901, ch. 872, § 29, as added Aug. 23, 1988, Pub. L. 100–418, title V, § 5161, 102 Stat. 1449, provided that: ‘‘All rules and regulations, determinations, stand- ards, contracts, certifications, authorizations, delega- tions, results and findings of investigations, or other actions duly issued, made, or taken by or pursuant to this Act [enacting this chapter], or under the authority of any other statutes which resulted in the assignment of functions or activities to the Secretary, the Depart- ment, the Director, or the Institute, as are in effect im- mediately before the date of enactment of this section [Aug. 23, 1988], and not suspended by the Secretary, the Director, the Institute or the courts, shall continue in full force and effect after the date of enactment of this section until modified or rescinded.’’ § 272. Establishment, functions, and activities (a) Establishment of National Institute of Stand- ards 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 ‘‘In- stitute’’). (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 in- novation ability and to take all actions nec- essary and appropriate to accomplish the pur- poses 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 proc- esses, to ensure product reliability, manufacturability, functionality, and cost-ef- fectiveness, and to facilitate the more rapid commercialization, especially by small- and medium-sized companies throughout the United States, of products based on new sci- entific discoveries in fields such as automa- tion, electronics, advanced materials, bio- technology, 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 stand- ards; (3) to facilitate standards-related informa- tion sharing and cooperation between Federal agencies and to coordinate the use by Federal agencies of private sector standards, empha- sizing where possible the use of standards de- veloped by private, consensus organizations; (4) to enter into and perform such contracts, including cooperative research and develop- ment arrangements and grants and coopera- tive 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, Gov- ernment, and educational institutions with a national clearinghouse of current information, techniques, and advice for the achievement of higher quality and productivity based on cur- rent 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 dis- seminate physical constants and the prop- erties and performance of conventional and advanced materials when they are important to science, engineering, manufacturing, edu- cation, commerce, and industry and are not available with sufficient accuracy elsewhere; (8) to develop a fundamental basis and meth- ods for testing materials, mechanisms, struc- Page 653 TITLE 15—COMMERCE AND TRADE § 272 1 So in original. Probably should be followed by a comma. 2 See References in Text note below. tures, 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 in- dustry, with State and local governments, with the governments of other nations and international organizations, and with private organizations in establishing standard prac- tices, codes, specifications, and voluntary con- sensus standards; (11) to advise government and industry on scientific and technical problems; (12) to invent, develop, and (when appro- priate) promote transfer to the private sector of measurement devices to serve special na- tional needs; and (13) to coordinate technical standards activi- ties 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 duplica- tion and complexity in the development and promulgation of conformity assessment re- quirements and measures. (c) Implementation activities In carrying out the functions specified in sub- section (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, measure- ment 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 techno- logical developments in other countries bet- ter; (6) prepare, certify, and sell standard ref- erence materials for use in ensuring the accu- racy 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 dona- tions, 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 fabrica- tion methods for chemical substances and compounds, ferrous and nonferrous metals, and all traditional and advanced materials, in- cluding processes of degradation; (9) investigate ionizing and nonionizing radi- ation 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 spec- tra and other methods, to provide a basis for predicting chemical and physical structures and reactions and for designing new materials and chemical substances, including bio- logically active macromolecules; (11) perform research on electromagnetic waves, including optical waves, and on prop- erties and performance of electrical, elec- tronic, and electromagnetic devices and sys- tems and their essential materials, develop and maintain related standards, and dissemi- nate 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 pro- tect the information stored, processed, and transmitted by such systems and to provide advice in support of policies affecting Federal computer and related telecommunications sys- tems; (15) on an ongoing basis, facilitate and sup- port the development of a voluntary, con- sensus-based, industry-led set of standards, guidelines, best practices, methodologies, pro- cedures, and processes to cost-effectively re- duce 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 de- velopment of voluntary, consensus-based tech- nical standards, best practices, frameworks, methodologies, procedures, processes, and software engineering toolkits and configura- tions; (17) support information security measures, including voluntary, consensus-based tech- nical 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 tech- nical standards, guidelines, best practices, methodologies, procedures, and processes to improve privacy protections in systems, tech- nologies, and processes used by both the public and private sector; (20) support privacy measures, including vol- untary, consensus-based technical standards, best practices, guidelines, metrology, and testbeds for the design, adoption, and deploy- ment of privacy enhancing technologies; (21) perform research to support the develop- ment of voluntary, consensus-based, industry- led standards and recommendations on the se- curity of computers, computer networks, and computer data storage used in election sys- tems to ensure voters can vote securely and privately; Page 654 TITLE 15—COMMERCE AND TRADE § 272 (22) determine properties of building mate- rials and structural elements, and encourage their standardization and most effective use, including investigation of fire-resisting prop- erties of building materials and conditions under which they may be most efficiently used, and the standardization of types of appli- ances for fire prevention; (23) undertake such research in engineering, pure and applied mathematics, statistics, com- puter science, materials science, and the phys- ical sciences as may be necessary to carry out and support the functions specified in this sec- tion; (24) host, participate in, and support sci- entific 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 tech- nical workshop described in paragraph (19); 2 (26) notwithstanding title 31 of the United States Code, use the fees described in para- graph (20) 2 to pay for any related expenses, in- cluding subsistence expenses for participants; (27) compile, evaluate, publish, and other- wise disseminate general, specific and tech- nical 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 else- where; (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 inven- tors and small companies and work with other Federal agencies, States, and localities to pro- vide appropriate technical assistance and sup- port for those inventions which are found in the evaluation process to have commercial promise; (31) demonstrate the results of the Insti- tute’s activities by exhibits or other methods of technology transfer, including the use of scientific or technical personnel of the Insti- tute for part-time or intermittent teaching and training activities at educational institu- tions of higher learning as part of and inci- dental to their official duties; and (32) undertake such other activities similar to those specified in this subsection as the Di- rector determines appropriate. (d) Management costs In carrying out the extramural funding pro- grams 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 pro- grams. (e) Cyber risks (1) In general In carrying out the activities under sub- section (c)(15), the Director— (A) shall— (i) coordinate closely and regularly with relevant private sector personnel and enti- ties, critical infrastructure owners and op- erators, and other relevant industry orga- nizations, 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 appro- priate agencies, State and local govern- ments, the governments of other nations, and international organizations; (iii) identify a prioritized, flexible, re- peatable, performance-based, and cost-ef- fective approach, including information se- curity measures and controls, that may be voluntarily adopted by owners and opera- tors 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 su- perseding of regulatory requirements, mandatory standards, and related proc- esses; (viii) consider small business concerns (as defined in section 632 of this title); (ix) consider institutions of higher edu- cation (as such term is defined in section 1001 of title 20); and (x) include such other similar and con- sistent elements as the Director considers necessary; and (B) shall not prescribe or otherwise re- quire— (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 de- signed, developed, or manufactured in a particular manner. (2) Limitation Information shared with or provided to the Institute for the purpose of the activities de- scribed under subsection (c)(15) shall not be used by any Federal, State, tribal, or local de- partment or agency to regulate the activity of any entity. Nothing in this paragraph shall be construed to modify any regulatory require- ment to report or submit information to a Federal, State, tribal, or local department or agency. (3) Definitions In this subsection: Page 655 TITLE 15—COMMERCE AND TRADE § 272 (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 respon- sible 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 sec- tor in the all-hazards environment. (Mar. 3, 1901, ch. 872, § 2, 31 Stat. 1449; July 22, 1950, ch. 486, § 1, 64 Stat. 371; Pub. L. 92–317, § 3(b), June 22, 1972, 86 Stat. 235; Pub. L. 100–235, § 3(1), Jan. 8, 1988, 101 Stat. 1724; Pub. L. 100–418, title V, § 5112(a), Aug. 23, 1988, 102 Stat. 1428; Pub. L. 102–245, title II, § 201(e), Feb. 14, 1992, 106 Stat. 19; Pub. L. 104–113, § 12(a), (b), Mar. 7, 1996, 110 Stat. 782; Pub. L. 110–69, title III, §§ 3002(c)(2)(A), 3013(b), Aug. 9, 2007, 121 Stat. 586, 598; Pub. L. 113–274, title I, § 101(a), (b), Dec. 18, 2014, 128 Stat. 2972; Pub. L. 114–329, title I, § 104(b)(4), title II, §§ 202(d), 205(a)(2)(B), title IV, § 403, Jan. 6, 2017, 130 Stat. 2976, 2998, 3000, 3023; Pub. L. 115–236, § 2(b), Aug. 14, 2018, 132 Stat. 2444; Pub. L. 117–167, div. B, title II, §§ 10223, 10228, 10242(a), Aug. 9, 2022, 136 Stat. 1477, 1481, 1487.) 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 Competi- tiveness Act, referred to in subsec. (c)(24), is section 202 of Pub. 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), respec- tively, of subsec. (c) of this section by Pub. L. 117–167, div. B, title II, § 10223(2), Aug. 9, 2022, 136 Stat. 1477. AMENDMENTS 2022—Subsec. (b)(4). Pub. L. 117–167, § 10242(a), amend- ed par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘to enter into contracts, including coopera- tive 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 introduc- tory provisions, substituted ‘‘authorized to serve as the President’s principal adviser on standards policy per- taining 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 ‘‘fa- cilitate standards-related information sharing and co- operation 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 assess- ment activities of Federal, State, and local govern- ments with private sector’’ for ‘‘Federal, State, and local technical standards activities and conformity as- sessment 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 offi- cials,’’ before ‘‘is authorized’’ in introductory provi- sions. Subsec. (b)(4). Pub. L. 110–69, § 3013(b), inserted ‘‘and grants and cooperative agreements,’’ after ‘‘arrange- ments,’’. Subsec. (c). Pub. L. 110–69, § 3002(c)(2)(A)(ii), struck out ‘‘and, if appropriate, through other appropriate of- ficials,’’ 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 stand- ards adopted or recognized by the Federal Govern- ment’’ 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, sub- stituting provisions relating to establishment, func- tions and activities of the National Institute of Stand- ards 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, sci- entific institutions, and industrial enterprises. Par. (20). Pub. L. 100–235 added par. (20). 1972—Par. (19). Pub. L. 92–317 inserted provisions au- thorizing use of National Bureau of Standards per- sonnel for teaching and training activities without ad- ditional compensation. 1950—Act July 22, 1950, provided basic authority for performance of certain functions and activities of De- partment 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, Do- mestic Security, see section 652a(c)(3) of Title 6, en- acted Jan. 1, 2021. CONSTRUCTION OF PUB. L. 115–236 Pub. L. 115–236, § 2(d), Aug. 14, 2018, 132 Stat. 2445, pro- vided that: ‘‘Nothing in this section [amending this sec- tion and enacting provisions set out as notes under this section] may be construed to supersede, alter, or other- wise affect any cybersecurity requirements applicable to Federal agencies.’’ Page 656 TITLE 15—COMMERCE AND TRADE § 272 REPORTING Pub. L. 117–167, div. B, title II, § 10242(b), Aug. 9, 2022, 136 Stat. 1487, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Aug. 9, 2022] and not less than annually thereafter, the Sec- retary [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 Transpor- tation 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) de- scribed 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 im- plemented using such other transactions authority.’’ DISSEMINATION OF RESOURCES FOR SMALL BUSINESSES Pub. L. 115–236, § 2(c), Aug. 14, 2018, 132 Stat. 2444, as amended by Pub. 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 Di- rector, in carrying out section 2(e)(1)(A)(viii) of the Na- tional 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 appro- priate Federal agencies, shall disseminate clear and concise resources to help small business concerns iden- tify, 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 imple- menting small business concern, and the nature and sensitivity of the data collected or stored on the in- formation systems or devices of the implementing small business concern; ‘‘(C) include elements, that promote awareness of simple, basic controls, a workplace cybersecurity cul- ture, and third-party stakeholder relationships, to as- sist small business concerns in mitigating common cybersecurity risks; ‘‘(D) include case studies of practical application; ‘‘(E) are technology-neutral and can be imple- mented using technologies that are commercial and off-the-shelf; and ‘‘(F) are based on international standards to the ex- tent 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 EDU- CATION PROGRAM.—The Director shall ensure that the resources disseminated under paragraph (1) are con- sistent with the efforts of the Director under section 303 of the Cybersecurity Enhancement Act of 2014 (Pub- lic 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 nec- essary, update the resources disseminated under para- graph (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), Jan. 6, 2017, 130 Stat. 2975, provided that: ‘‘(1) CRITICAL INFRASTRUCTURE AWARENESS.—The Di- rector 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 de- velop a process— ‘‘(i) to research and identify or, if necessary, de- velop cryptography standards and guidelines for fu- ture cybersecurity needs, including quantum-resist- ant 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, Jan. 6, 2017, 130 Stat. 2987, provided that: ‘‘(a) IN GENERAL.—The Director of NIST [National In- stitute 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 re- searchers, and industry; and ‘‘(2) commercial and industrial applications. ‘‘(b) OPTIMIZING COMMERCIAL AND INDUSTRIAL APPLI- CATIONS.—In accordance with the purpose under section 1(b)(3) of the National Institute of Standards and Tech- nology Act (15 U.S.C. 271(b)(3)), the comprehensive stra- tegic plan shall— ‘‘(1) include performance metrics for the dissemina- tion 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 de- scribed 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, Oct. 30, 1998, 112 Stat. 2936, as amended by Pub. 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 re- search equipment that is appropriate for use in schools. Page 657 TITLE 15—COMMERCE AND TRADE § 272 ‘‘(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 ex- tent practicable and in a manner consistent with appli- cable Federal law (including Executive Order No. 12999 [40 U.S.C. 549 note]), donate educationally useful Fed- eral 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), Mar. 7, 1996, 110 Stat. 783, pro- vided that: ‘‘The National Institute of Standards and Technology shall, within 90 days after the date of en- actment of this Act [Mar. 7, 1996], transmit to the Con- gress 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), Mar. 7, 1996, 110 Stat. 783, as amended by Pub. 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 depart- ments 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 agen- cies and departments. ‘‘(2) CONSULTATION; PARTICIPATION.—In carrying out paragraph (1) of this subsection, Federal agencies and departments shall consult with voluntary, private sec- tor, 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 de- veloped 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 expla- nations received in the preceding year under this para- graph. ‘‘(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 under- taken 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 speci- fications and related management systems practices.’’ INTERNATIONAL STANDARDS Pub. 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 pro- gram 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 vol- untary contributions from the private sector to fully reimburse the United States for expenses incurred dur- ing fiscal years 1989 and 1990. The program shall begin on a pilot basis focusing on one or two countries or groups of countries which are major United States trading partners and have expressed interest in such program. The Secretary shall ensure that contributions which are earmarked by country are spent to assist the development of standards by that country or group of countries. ‘‘(b) LONG-TERM PLAN.—No later than June 30, 1989, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Rep- resentatives 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 poten- tial for being a major importer from the United States) and which desires such assistance. The plan shall in- clude 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), 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 (here- after 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 Com- mittee on Advanced Technology, to the Committee on Science, Space, and Technology of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate. Such plan shall— ‘‘(A) establish the major operating units of the In- stitute; ‘‘(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 In- stitute, including the Advanced Technology Program; ‘‘(D) provide details regarding how the Institute will expand and fund the Inventions program in ac- cordance 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 Stand- ards that were in existence on the date of the enact- ment of this Act [Aug. 23, 1988] and the Advanced Tech- nology Program.’’ NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; SMALL BUSINESS PLAN Pub. L. 100–418, title V, § 5163(b), Aug. 23, 1988, 102 Stat. 1450, provided that: ‘‘The Director of the National Institute of Standards and Technology shall prepare a plan detailing the manner in which the Institute will Page 658 TITLE 15—COMMERCE AND TRADE § 272a 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 BUILDING Act Oct. 25, 1949, ch. 703, 63 Stat. 886, provided for the construction and equipment of a suitable radio labora- tory building, together with necessary utilities and ap- purtenances 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 labora- tory, together with necessary utilities and appur- tenances thereto, under a limit of cost of $1,900,000, for the National Bureau of Standards. DEFINITIONS Pub. L. 115–236, § 2(a), Aug. 14, 2018, 132 Stat. 2444, pro- vided that: ‘‘In this section [amending this section and enacting provisions set out as notes under this section]: ‘‘(1) DIRECTOR.—The term ‘Director’ means the Di- rector of the National Institute of Standards and Technology. ‘‘(2) RESOURCES.—The term ‘resources’ means guide- lines, 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).’’ § 272a. Technology services In addition to such other technology services and technology extension activities which may be mandated or authorized by law, and in order to help improve the use of technology by small and medium-sized industrial firms within the United States, the Director of the National In- stitute of Standards and Technology, as appro- priate, shall— (1) work directly with States, local govern- ments, and other appropriate organizations to provide for extended distribution of Standard Reference Materials, Standard Reference Data, calibrations, and related technical serv- ices and to help transfer other expertise and technology to the States and to small busi- nesses and other businesses within the States; (2) evaluate those inventions from small businesses or individuals which have a signifi- cant potential for improving competitiveness; (3) provide support for workshops on tech- nical and entrepreneurial topics and share in- formation developed through the Malcolm Baldrige Quality Award Program; and (4) work with other Federal agencies to pro- vide technical and related assistance to the States and businesses within the States. (Pub. L. 100–519, title I, § 109, Oct. 24, 1988, 102 Stat. 2591.) Editorial Notes CODIFICATION Section was enacted as part of the National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, and not as part of the National Insti- tute of Standards and Technology Act which comprises this chapter. § 272b. Annual budget submission The National Institute of Standards and Tech- nology shall annually submit to the Congress, at the time of the release of the President’s budget, a three year budget estimate for the Institute, including funding estimates for each major ac- count and new initiative. (Pub. L. 100–519, title I, § 111, Oct. 24, 1988, 102 Stat. 2592.) Editorial Notes CODIFICATION Section was enacted as part of the National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, and not as part of the National Insti- tute of Standards and Technology Act which comprises this chapter. § 273. Functions; for whom exercised The Institute is authorized to exercise its functions for the Government of the United States and for international organizations of which the United States is a member; for gov- ernments of friendly countries; for any State or municipal government within the United States; or for any scientific society, educational institu- tion, firm, corporation, or individual within the United States or friendly countries engaged in manufacturing or other pursuits requiring the use of standards or standard measuring instru- ments: Provided, That the exercise of these func- tions for international organizations, govern- ments of friendly countries and scientific soci- eties, educational institutions, firms, corpora- tions, or individuals therein shall be in coordi- nation with other agencies of the United States Government, in particular the Department of State in respect to foreign entities. All requests for the services of the Institute shall be made in accordance with the rules and regulations here- in established. (Mar. 3, 1901, ch. 872, § 3, 31 Stat. 1449; Pub. L. 92–317, § 3(c), June 22, 1972, 86 Stat. 235; Pub. L. 100–418, title V, § 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes REFERENCES IN TEXT ‘‘Herein’’, referred to in last sentence of this section, refers to act Mar. 3, 1901, ch. 872, which is classified generally to this chapter. AMENDMENTS 1988—Pub. L. 100–418 substituted ‘‘Institute’’ for ‘‘Bu- reau’’ and for ‘‘bureau’’. 1972—Pub. L. 92–317 authorized the Bureau to extend its services to international organizations of which the United States is a member, and for governments of friendly countries in coordination with the Department of State. § 273a. Under Secretary of Commerce for Stand- ards and Technology (a) Establishment There shall be in the Department of Commerce an Under Secretary of Commerce for Standards