Sec. 10246. STANDARD TECHNICAL UPDATE

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## SEC. 10246 STANDARD TECHNICAL UPDATE ###

(a)National Institute of Standards and Technology Act Updates The National Institute of Standards and Technology Act (15 U.S.C. 271) is amended— ####

(1)by amending subsection

(a)of section 17 (15 U.S.C. 278g) to read as follows: > > ### “(a) > > The Secretary is authorized, notwithstanding any other provision of law, to expend such sums, within the limit of appropriated funds, as the Secretary may determine desirable through direct support for activities of international organizations and foreign national metrology institutes with which the Institute cooperates to advance measurement methods, technical standards, and related basic technologies, for official representation, to host official receptions, dinners, and similar events, and to otherwise extend official courtesies, including transportation of foreign dignitaries and representatives of foreign national metrology institutes to and from the Institute, for the purpose of maintaining the standing and prestige of the Department of Commerce and the Institute, through the grant of fellowships or other appropriate form of financial or logistical assistance or support to foreign nationals not in service to the Government of the United States while they are performing scientific or engineering work at the Institute or participating in the exchange of scientific or technical information at the Institute.” > ; and ####

(2)in section 20 (15 U.S.C. 278g-3)— #####

(A)in subsection (c), by amending paragraph

(3)to read as follows: > > #### “(3) > > submit such standards and guidelines to the Secretary of Commerce for promulgation under section 11331 of title 40;” > ; and #####

(B)in subsection (d)— ######

(i)in paragraph (1), by striking “Director of the Office of Management and Budget” and inserting “Secretary of Commerce”; and ######

(ii)in paragraph (8), by striking “Director of Management and Budget with such standards submitted to the Director” and inserting “Secretary of Commerce with such standards submitted to the Secretary”. ###

(b)Stevenson-Wydler Updates The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended— ####

(1)in paragraph

(1)of section 17(c) (15 U.S.C. 3711a(c))— #####

(A)by moving each of subparagraphs

(D)and

(E)two ems to the left; and #####

(B)by adding at the end the following: > > ##### “(G) > > Community.” > ; and ####

(2)in subsection

(m)of section 26 (15 U.S.C. 3721)— #####

(A)by striking paragraph (2); #####

(B)by redesignating paragraph

(3)as paragraph (2); and #####

(C)in paragraph (2), as so redesignated, by striking “and the Comptroller General’s review under paragraph (2)”. ###

(c)American Innovation and Competitiveness Act Update Section 113 of the American Innovation and Competitiveness Act (15 U.S.C. 278e note) is repealed. ###

(d)Clerical Amendment The item relating to section 113 in the table of contents in section 1(b) of the American Innovation and Competitiveness Act is repealed. ###

(e)Federal Energy Management Improvement Act Update Section 4 of the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 5001) is amended— ####

(1)by striking “Secretary of Commerce” and “Secretary” each place either such term appears and inserting “Consumer Product Safety Commission”; ####

(2)by redesignating the second subsection

(c)as subsection (e); and ####

(3)in subsection (g), by redesignating clauses

(i)and

(ii)as paragraphs

(1)and (2), respectively. ###

(f)Title 40, United States Code Section 11331 of title 40, United States Code, is amended by striking subsections

(a)through

(d)and inserting the following: > > ### “(a) Standards and Guidelines > > > #### “(1) Authority to prescribe > > Except as provided under paragraph (2), the Secretary of Commerce shall, on the basis of standards and guidelines developed by the National Institute of Standards and Technology pursuant to paragraphs

(2)and

(3)of section 20(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(a)), prescribe standards and guidelines pertaining to Federal information systems. > > > #### “(2) National security systems > > Standards and guidelines for national security systems shall be developed, prescribed, enforced, and overseen as otherwise authorized by law and as directed by the President. > > > ### “(b) Mandatory Requirements > > > #### “(1) Authority to make mandatory > > Except as provided under paragraph (2), the Secretary of Commerce shall make standards prescribed under subsection (a)(1) compulsory and binding to the extent determined necessary by the Secretary to improve the efficiency of operation or security of Federal information systems. > > > #### “(2) Required mandatory standards > > > ##### “(A) In general > > Standards prescribed under subsection (a)(1) shall include information security standards that— > > > ###### “(i) > > provide minimum information security requirements as determined under section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(b)); and > > > ###### “(ii) > > are otherwise necessary to improve the security of Federal information and information systems. > > > ##### “(B) Requirement > > Information security standards described in subparagraph

(A)shall be compulsory and binding. > > > ### “(c) Authority to Disapprove or Modify > > The President may disapprove or modify the standards and guidelines referred to in subsection (a)(1) if the President determines such action to be in the public interest. The President’s authority to disapprove or modify such standards and guidelines may not be delegated. Notice of such disapproval or modification shall be published promptly in the Federal Register. Upon receiving notice of such disapproval or modification, the Secretary of Commerce shall immediately rescind or modify such standards or guidelines as directed by the President. > > > ### “(d) Exercise of Authority > > To ensure fiscal and policy consistency, the Secretary of Commerce shall exercise the authority conferred by this section subject to direction by the President and in coordination with the Director of the Office of Management and Budget. > > > ### “(e) Application of More Stringent Standards > > The head of an executive agency may employ standards for the cost-effective information security for Federal information systems within or under the supervision of that agency that are more stringent than the standards the Secretary prescribes under this section if the more stringent standards— > > > #### “(1) > > contain at least the applicable standards made compulsory and binding by the Secretary of Commerce; and > > > #### “(2) > > are otherwise consistent with policies and guidelines issued under section 3553 of title 44. > > > ### “(f) Decisions on Promulgation of Standards > > The decision by the Secretary of Commerce regarding the promulgation of any standard under this section shall occur not later than 6 months after the submission of the proposed standard to the Secretary by the National Institute of Standards and Technology, as provided under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3). > > > ### “(g) Definitions > > In this section: > > > #### “(1) Federal information system > > The term ‘Federal information system’ means an information system used or operated by an executive agency, by a contractor of an executive agency, or by another organization on behalf of an executive agency. > > > #### “(2) Information security > > The term ‘information security’ has the meaning given that term in section 3552(b)(3) of title 44. > > > #### “(3) National security system > > The term ‘national security system’ has the meaning given that term in section 3552(b)(6) of title 44.” > . ###

(g)Technical and Conforming Amendment Paragraph

(2)of section 20(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(a)) is amended by striking “section 3552(b)(5) of title 44, United States Code” and inserting “section 3552(b)(6) of title 44, United States Code”. ###

(h)National Construction Safety Team Act Updates Section 4 of the National Construction Safety Team Act (15 U.S.C. 7303) is amended— ####

(1)in subsection (c), by adding at the end the following: > > #### “(5) Civil suits > > Where practicable, a Team shall cooperate with civil litigants without compromising a Team’s investigation or the evidence preservation activities as described in this section.” > ; and ####

(2)in subsection (d)— #####

(A)in the subsection heading, by striking “Interagency” and inserting “Investigation”; and #####

(B)in paragraph (1), by inserting “or any civil suit or civil action” after “Federal agency”.

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