Title 15Commerce and TradeRelease 119-73

§7406 National Institute of Standards and Technology programs

Title 15 › Chapter CHAPTER 100— - CYBER SECURITY RESEARCH AND DEVELOPMENT › § 7406

Last updated Apr 6, 2026|Official source

Summary

Require the head of NIST to make and update automated security rules, guides (including protocols), and checklists that give recommended settings to reduce risks for any IT hardware, software, or security tool that is or may become widely used by the Federal Government. NIST must focus work based on factors like the security risk, how many agencies use the system, how useful the guidance would be, and how well it helps continuous security monitoring. NIST can decide not to make guidance for systems that are rarely used, outdated, or impractical to cover. NIST must tell Federal agencies when new guidance is available. Having these guides does not force an agency to use the suggested settings, change buying rules, mean NIST endorses the product, or stop agencies from using tools that lack NIST guidance. When an agency uses a system that has a NIST checklist, the agency must explain in its agencywide information security program (under section 3554(b) of title 44) how it considered that checklist. The agency may count that explanation as part of its annual performance plan under Executive Order rules (see section 1115(d) of title 31). That explanation rule does not apply to systems for which NIST does not have responsibility under section 278g–3(a)(3).

Full Legal Text

Title 15, §7406

Commerce and Trade — Source: USLM XML via OLRC

(a)
(c)(1)The Director of the National Institute of Standards and Technology shall, as necessary, develop and revise security automation standards, associated reference materials (including protocols), and checklists providing settings and option selections that minimize the security risks associated with each information technology hardware or software system and security tool that is, or is likely to become, widely used within the Federal Government, thereby enabling standardized and interoperable technologies, architectures, and frameworks for continuous monitoring of information security within the Federal Government.
(2)The Director of the National Institute of Standards and Technology shall establish priorities for the development of standards, reference materials, and checklists under this subsection on the basis of—
(A)the security risks associated with the use of the system;
(B)the number of agencies that use a particular system or security tool;
(C)the usefulness of the standards, reference materials, or checklists to Federal agencies that are users or potential users of the system;
(D)the effectiveness of the associated standard, reference material, or checklist in creating or enabling continuous monitoring of information security; or
(E)such other factors as the Director of the National Institute of Standards and Technology determines to be appropriate.
(3)The Director of the National Institute of Standards and Technology may exclude from the application of paragraph (1) any information technology hardware or software system or security tool for which such Director determines that the development of a standard, reference material, or checklist is inappropriate because of the infrequency of use of the system, the obsolescence of the system, or the lack of utility or impracticability of developing a standard, reference material, or checklist for the system.
(4)The Director of the National Institute of Standards and Technology shall ensure that Federal agencies are informed of the availability of any standard, reference material, checklist, or other item developed under this subsection.
(5)The development of standards, reference materials, and checklists under paragraph (1) for an information technology hardware or software system or tool does not—
(A)require any Federal agency to select the specific settings or options recommended by the standard, reference material, or checklist for the system;
(B)establish conditions or prerequisites for Federal agency procurement or deployment of any such system;
(C)imply an endorsement of any such system by the Director of the National Institute of Standards and Technology; or
(D)preclude any Federal agency from procuring or deploying other information technology hardware or software systems for which no such standard, reference material, or checklist has been developed or identified under paragraph (1).
(d)(1)In developing the agencywide information security program required by section 3554(b) of title 44, an agency that deploys a computer hardware or software system for which the Director of the National Institute of Standards and Technology has developed a checklist under subsection (c) of this section—
(A)shall include in that program an explanation of how the agency has considered such checklist in deploying that system; and
(B)may treat the explanation as if it were a portion of the agency’s annual performance plan properly classified under criteria established by an Executive Order (within the meaning of section 1115(d) of title 31).
(2)Paragraph (1) does not apply to any computer hardware or software system for which the National Institute of Standards and Technology does not have responsibility under section 278g–3(a)(3) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 8 of Pub. L. 107–305. Subsec. (a) of section 8 of Pub. L. 107–305 enacted section 278h of this title and renumbered former section 278h of this title as section 278q of this title. Subsec. (b) of section 8 of Pub. L. 107–305 amended section 278g–3 of this title.

Amendments

2014—Subsec. (c). Pub. L. 113–274 amended subsec. (c) generally. Prior to amendment, text related to checklists setting forth settings and option selections that minimize the security risks associated with computer hardware or software systems likely to become widely used within the Federal Government. Subsec. (d)(1). Pub. L. 113–283, which directed amendment of section 8 of the Cybersecurity Research and Development Act by substituting “section 3554” for “section 3534” in subsec. (d)(1), was executed to this section, which is section 8 of the Cyber Security Research and Development Act, to reflect the probable intent of Congress.

Reference

Citations & Metadata

Citation

15 U.S.C. § 7406

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73