[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7535 Enrolled Bill (ENR)]
H.R.7535
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
To encourage the migration of Federal Government information technology
systems to quantum-resistant cryptography, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quantum Computing Cybersecurity
Preparedness Act''.
SEC. 2. 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. 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--
(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. INVENTORY OF CRYPTOGRAPHIC SYSTEMS; MIGRATION TO POST-QUANTUM
CRYPTOGRAPHY.
(a) Inventory.--
(1) Establishment.--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) 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) 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
(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.--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) develop a plan to migrate information technology of the
agency to post-quantum cryptography consistent with the
prioritization under paragraph (1).
(d) Interoperability.--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) 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) 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) 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 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. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.