[Congressional Record Volume 168, Number 191 (Thursday, December 8, 2022)]
[Senate]
[Pages S7084-S7085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            QUANTUM COMPUTING CYBERSECURITY PREPAREDNESS ACT

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Homeland Security and Governmental Affairs be discharged and the 
Senate now proceed to the immediate consideration of H.R. 7535.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 7535) to encourage the migration of Federal 
     Government information technology systems to quantum-
     resistant cryptography, and for other purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. CARDIN. Mr. President, I ask unanimous consent that the Hassan 
substitute amendment, which is at desk, be considered and agreed to; 
the bill, as amended, be considered read a third time and passed; and 
the motions to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 6510), in the nature of a substitute, was agreed 
to, as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     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

[[Page S7085]]

     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.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 7535), as amended, was passed.

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