[117th Congress Public Law 260]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 2389]]
Public Law 117-260
117th Congress
An Act
To encourage the migration of Federal Government information technology
systems to quantum-resistant cryptography, and for other
purposes. <<NOTE: Dec. 21, 2022 - [H.R. 7535]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Quantum
Computing Cybersecurity Preparedness Act.>>
SECTION 1. <<NOTE: 6 USC 1500 note.>> SHORT TITLE.
This Act may be cited as the ``Quantum Computing Cybersecurity
Preparedness Act''.
SEC. 2. <<NOTE: 6 USC 1526 note.>> FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Cryptography is essential for the national security of
the United States and the functioning of the economy of the
United States.
(2) The most widespread encryption protocols today rely on
computational limits of classical computers to provide
cybersecurity.
(3) Quantum computers might one day have the ability to push
computational boundaries, allowing us to solve problems that
have been intractable thus far, such as integer factorization,
which is important for encryption.
(4) The rapid progress of quantum computing suggests the
potential for adversaries of the United States to steal
sensitive encrypted data today using classical computers, and
wait until sufficiently powerful quantum systems are available
to decrypt it.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a strategy for the migration of information technology
of the Federal Government to post-quantum cryptography is
needed; and
(2) the governmentwide and industrywide approach to post-
quantum cryptography should prioritize developing applications,
hardware intellectual property, and software that can be easily
updated to support cryptographic agility.
SEC. 3. <<NOTE: 6 USC 1526 note.>> DEFINITIONS.
In this Act:
(1) Agency .--The term ``agency''--
(A) means any executive department, military
department, Government corporation, Government
controlled corporation, or other establishment in the
executive branch of the Government (including the
Executive Office of the President), or any independent
regulatory agency; and
(B) does not include--
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(i) the Government Accountability Office; or
(ii) the governments of the District of
Columbia and of the territories and possessions of
the United States, and their various subdivisions.
(2) Classical computer.--The term ``classical computer''
means a device that accepts digital data and manipulates the
information based on a program or sequence of instructions for
how data is to be processed and encodes information in binary
bits that can either be 0s or 1s.
(3) Director of cisa.--The term ``Director of CISA'' means
the Director of the Cybersecurity and Infrastructure Security
Agency.
(4) Director of nist.--The term ``Director of NIST'' means
the Director of the National Institute of Standards and
Technology.
(5) Director of omb.--The term ``Director of OMB'' means the
Director of the Office of Management and Budget.
(6) Information technology.--The term ``information
technology'' has the meaning given the term in section 3502 of
title 44, United States Code.
(7) National security system.--The term ``national security
system'' has the meaning given the term in section 3552 of title
44, United States Code.
(8) Post-quantum cryptography.--The term ``post-quantum
cryptography'' means those cryptographic algorithms or methods
that are assessed not to be specifically vulnerable to attack by
either a quantum computer or classical computer.
(9) Quantum computer.--The term ``quantum computer'' means a
computer that uses the collective properties of quantum states,
such as superposition, interference, and entanglement, to
perform calculations.
SEC. 4. <<NOTE: 6 USC 1526.>> INVENTORY OF CRYPTOGRAPHIC SYSTEMS;
MIGRATION TO POST-QUANTUM CRYPTOGRAPHY.
(a) Inventory.--
(1) Establishment. <<NOTE: Deadline. Guidelines.>> --Not
later than 180 days after the date of enactment of this Act, the
Director of OMB, in coordination with the National Cyber
Director and in consultation with the Director of CISA, shall
issue guidance on the migration of information technology to
post-quantum cryptography, which shall include at a minimum--
(A) <<NOTE: Requirement.>> a requirement for each
agency to establish and maintain a current inventory of
information technology in use by the agency that is
vulnerable to decryption by quantum computers,
prioritized using the criteria described in subparagraph
(B);
(B) <<NOTE: Criteria.>> criteria to allow agencies
to prioritize their inventory efforts; and
(C) a description of the information required to be
reported pursuant to subsection (b).
(2) Additional content in guidance.--In the guidance
established by paragraph (1), the Director of OMB shall include,
in addition to the requirements described in that paragraph--
(A) a description of information technology to be
prioritized for migration to post-quantum cryptography;
and
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(B) a process for evaluating progress on migrating
information technology to post-quantum cryptography,
which shall be automated to the greatest extent
practicable.
(3) Periodic updates.--The Director of OMB shall update the
guidance required under paragraph (1) as the Director of OMB
determines necessary, in coordination with the National Cyber
Director and in consultation with the Director of CISA.
(b) Agency Reports.--Not later than 1 year after the date of
enactment of this Act, and on an ongoing basis thereafter, the head of
each agency shall provide to the Director of OMB, the Director of CISA,
and the National Cyber Director--
(1) the inventory described in subsection (a)(1); and
(2) any other information required to be reported under
subsection (a)(1)(C).
(c) Migration and Assessment. <<NOTE: Deadline. Guidelines.>> --Not
later than 1 year after the date on which the Director of NIST has
issued post-quantum cryptography standards, the Director of OMB shall
issue guidance requiring each agency to--
(1) prioritize information technology described under
subsection (a)(2)(A) for migration to post-quantum cryptography;
and
(2) <<NOTE: Plan.>> develop a plan to migrate information
technology of the agency to post-quantum cryptography consistent
with the prioritization under paragraph (1).
(d) Interoperability. <<NOTE: Assessment. Coordination.>> --The
Director of OMB shall ensure that the prioritizations made under
subsection (c)(1) are assessed and coordinated to ensure
interoperability.
(e) Office of Management and Budget Reports.--
(1) Report on post-quantum cryptography.--Not later than 15
months after the date of enactment of this Act, the Director of
OMB, in coordination with the National Cyber Director and in
consultation with the Director of CISA, shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Reform of the House of
Representatives a report on the following:
(A) <<NOTE: Strategy.>> A strategy to address the
risk posed by the vulnerabilities of information
technology of agencies to weakened encryption due to the
potential and possible capability of a quantum computer
to breach that encryption.
(B) <<NOTE: Estimate.>> An estimate of the amount
of funding needed by agencies to secure the information
technology described in subsection (a)(1)(A) from the
risk posed by an adversary of the United States using a
quantum computer to breach the encryption of the
information technology.
(C) <<NOTE: Timelines. Standards.>> A description
of Federal civilian executive branch coordination
efforts led by the National Institute of Standards and
Technology, including timelines, to develop standards
for post-quantum cryptography, including any Federal
Information Processing Standards developed under chapter
35 of title 44, United States Code, as well as standards
developed through voluntary, consensus standards bodies
such as the International Organization for
Standardization.
(2) Report on migration to post-quantum cryptography in
information technology.--Not later than 1 year after the date on
which the Director of OMB issues guidance under
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subsection (c)(2), and thereafter until the date that is 5 years
after the date on which post-quantum cryptographic standards are
issued, the Director of OMB, in coordination with the National
Cyber Director and in consultation with the Director of CISA,
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives, with the
report submitted pursuant to section 3553(c) of title 44, United
States Code, a report on the progress of agencies in adopting
post-quantum cryptography standards.
SEC. 5. <<NOTE: 6 USC 1526 note.>> EXEMPTION OF NATIONAL SECURITY
SYSTEMS.
This Act shall not apply to any national security system.
SEC. 6. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Approved December 21, 2022.
LEGISLATIVE HISTORY--H.R. 7535 (S. 4592):
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SENATE REPORTS: No. 117-251 (Comm. on Homeland Security and Governmental
Affairs) accompanying S. 4592.
CONGRESSIONAL RECORD, Vol. 168 (2022):
July 12, considered and passed House.
Dec. 8, considered and passed Senate, amended.
Dec. 12, 13, House considered and concurred in Senate
amendment.
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