[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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