15 U.S.C. § 8814 — National Quantum Initiative Advisory

Page 2458 TITLE 15—COMMERCE AND TRADE § 8814 (2) Requirements The report under paragraph (1) shall include the following: (A) An update to the report entitled Co- ordinated Approach to Quantum Networking Research Report focusing on a framework for interagency collaboration regarding the ad- vancement of quantum networking and com- munications research. (B) A plan for Federal Government part- nership with the private sector and inter- agency collaboration regarding engagement in international standards for quantum net- working and communications technology, including a list of Federal priorities for standards relating to such networking and technology. (C) A proposal for the protection of na- tional security interests relating to the ad- vancement of quantum networking and com- munications technology. (D) An assessment of the relative position of the United States with respect to other countries in the global race to develop, dem- onstrate, and utilize quantum networking and communications technology. (E) Recommendations to Congress for leg- islative action relating to the matters con- sidered under subparagraphs (A), (B), (C), and (D). (F) Such other matters as the Quantum Network Working Group considers necessary to advance the security of communications and network infrastructure, remain at the forefront of scientific discovery in the quan- tum information science domain, and transi- tion quantum information science research into the emerging quantum technology economy. (Pub. L. 115–368, title I, § 103, Dec. 21, 2018, 132 Stat. 5095; Pub. L. 117–167, div. B, title VI, § 10661(b)(1), Aug. 9, 2022, 136 Stat. 1683.) TERMINATION OF SECTION For termination of section, see section 8815 of this title. Editorial Notes AMENDMENTS 2022—Subsec. (h). Pub. L. 117–167 added subsec. (h). § 8814. National Quantum Initiative Advisory Committee (a) In general The President shall establish a National Quan- tum Initiative Advisory Committee. (b) Qualifications The Advisory Committee shall consist of members, appointed by the President, who are representative of industry, universities, and Federal laboratories and are qualified to provide advice and information on quantum information science and technology research, development, demonstrations, standards, education, tech- nology transfer, commercial application, or na- tional security and economic concerns. (c) Membership consideration In selecting the members of the Advisory Committee, the President may seek and give consideration to recommendations from the Congress, industry, the scientific community (including the National Academy of Sciences, scientific professional societies, and univer- sities), the defense community, and other appro- priate organizations. (d) Duties (1) In general The Advisory Committee shall advise the President, the Subcommittee on Quantum In- formation Science, and the Subcommittee on Economic and Security Implications and make recommendations for the President to con- sider when reviewing and revising the Pro- gram. (2) Independent assessments The Advisory Committee shall conduct peri- odic, independent assessments of— (A) any trends or developments in quan- tum information science and technology; (B) the progress made in implementing the Program; (C) the management, coordination, imple- mentation, and activities of the Program; (D) whether the Program activities and the goals and priorities established under section 8813(d)(2) of this title are helping to maintain United States leadership in quan- tum information science and technology; (E) whether a need exists to revise the Pro- gram; (F) whether opportunities exist for inter- national cooperation with strategic allies on research and development in, and the devel- opment of open standards for, quantum in- formation science and technology; and (G) whether national security, societal, economic, legal, and workforce concerns are adequately addressed by the Program. (e) Reports Not later than 180 days after December 21, 2018, and at least biennially thereafter, the Ad- visory Committee shall submit to the President, the appropriate committees of Congress, and such other committees of Congress as the Advi- sory Committee deems appropriate a report on the findings of the independent assessment under subsection (d), including any rec- ommendations for improvements to the Pro- gram. (f) Travel expenses of non-Federal members Non-Federal members of the Advisory Com- mittee, while attending meetings of the Advi- sory Committee or while otherwise serving at the request of the head of the Advisory Com- mittee away from their homes or regular places of business, may be allowed travel expenses, in- cluding per diem in lieu of subsistence, as au- thorized by section 5703 of title 5, for individuals in the Government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Advisory Committee who are of- ficers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with existing law. Page 2459 TITLE 15—COMMERCE AND TRADE § 8814 1 See References in Text note below. (g) FACA exemption The Advisory Committee shall be exempt from section 14 of the Federal Advisory Committee Act (5 U.S.C. App.).1 (Pub. L. 115–368, title I, § 104, Dec. 21, 2018, 132 Stat. 5096; Pub. L. 117–81, div. F, title LXVI, § 6606(c)(3), Dec. 27, 2021, 135 Stat. 2444.) TERMINATION OF SECTION For termination of section, see section 8815 of this title. Editorial Notes REFERENCES IN TEXT Section 14 of the Federal Advisory Committee Act, referred to in subsec. (g), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was repealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361. AMENDMENTS 2021—Subsec. (d)(1). Pub. L. 117–81 substituted ‘‘, the Subcommittee on Quantum Information Science, and the Subcommittee on Economic and Security Implica- tions’’ for ‘‘and the Subcommittee’’. Executive Documents EXECUTIVE ORDER NO. 13885 Ex. Ord. No. 13885, Aug. 30, 2019, 84 F.R. 46873, which established the National Quantum Initiative Advisory Committee, was revoked by Ex. Ord. No. 14073, § 5, May 4, 2022, 87 F.R. 27910, set out below. EX. ORD. NO. 14073. ENHANCING THE NATIONAL QUANTUM INITIATIVE ADVISORY COMMITTEE Ex. Ord. No. 14073, May 4, 2022, 87 F.R. 27909, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 104(a) of the National Quan- tum Initiative Act (Public Law 115–368) (NQI Act) [15 U.S.C. 8814(a)], and section 301 of title 3, United States Code, and in order to ensure continued American lead- ership in quantum information science and its tech- nology applications, it is hereby ordered as follows: SECTION 1. Purpose. Quantum information science (QIS) can enable transformative advances in knowledge and technology for industry, academia, and govern- ment. Accordingly, the National Quantum Initiative (NQI), which aims to ensure the continued leadership of the United States in QIS and its technology applica- tions, is a substantial and sustained national priority. The NQI Program, established pursuant to section 101 of the NQI Act [15 U.S.C. 8811], encompasses contribu- tions from across the Federal Government, as exempli- fied by the QIS research, development, demonstration, and training activities pursued by executive depart- ments and agencies (agencies) with membership on ei- ther the National Science and Technology Council (NSTC) Subcommittee on Quantum Information Science (SCQIS) or the NSTC Subcommittee on Eco- nomic and Security Implications of Quantum Science (ESIX). SEC. 2. Establishment. (a) To ensure that the NQI Pro- gram and the Nation are informed by evidence, data, and perspectives from a diverse group of experts and stakeholders, the National Quantum Initiative Advi- sory Committee (Committee) is hereby established. Consistent with the NQI Act [15 U.S.C. 8801 et seq.], the Committee shall advise the President, the SCQIS, and the ESIX on the NQI Program. (b) The Committee shall consist of the Director of the Office of Science and Technology Policy (Director) or the Director’s designee and not more than 26 members, appointed by the President, who are United States citi- zens representative of industry, universities, and Fed- eral laboratories, and who are qualified to provide ad- vice and information on QIS and technology research, development, demonstrations, standards, education, technology transfer, commercial application, or na- tional security and economic concerns. (c) The Committee shall have two Co-Chairs. The Di- rector or the Director’s designee shall serve as one Co- Chair of the Committee. The President shall designate another Co-Chair from among the appointed members to serve as Co-Chair with the Director. SEC. 3. Functions. (a) The Committee shall advise the President and the SCQIS and the ESIX (Subcommit- tees) and make recommendations for the President to consider when reviewing and revising the NQI Program. The Committee shall also carry out all responsibilities set forth in section 104 of the NQI Act. (b) The Committee shall meet at least twice a year and shall: (i) respond to requests from the President or the Co-Chairs of the Committee for information, anal- ysis, evaluation, or advice relating to QIS and its technology applications; (ii) solicit information and ideas from a broad range of stakeholders on QIS, including the research community, the private sector, academia, national laboratories, agencies, State and local governments, foundations, and nonprofit organizations; (iii) review the national strategy for QIS; and (iv) respond to requests from the Subcommittees. SEC. 4. Administration. (a) The heads of agencies shall, to the extent permitted by law, provide the Committee with information concerning QIS and its technology applications when requested by a Committee Co-Chair. (b) The Co-Chairs of the Committee may establish standing subcommittees and ad hoc groups, including technical advisory groups, to assist and provide infor- mation to the Committee. (c) The Director may request that members of the Committee, standing subcommittees, or ad hoc groups who do not hold a current clearance for access to clas- sified information receive appropriate clearances and access determinations pursuant to Executive Order 13526 of December 29, 2009 (Classified National Security Information) [50 U.S.C. 3161 note], as amended, or any successor order. (d) The National Quantum Coordination Office shall provide technical and administrative support to the Committee, pursuant to section 102(b) of the NQI Act [15 U.S.C. 8812(b)]. (e) Committee members shall serve without any com- pensation for their work on the Committee, but may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). SEC. 5. Revocation. Executive Order 13885 of August 30, 2019 (Establishing the National Quantum Initiative Ad- visory Committee) [formerly set out above], is hereby revoked. SEC. 6. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended [Pub. L. 92–463] ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] (FACA), may apply to the Committee, any functions of the President under the FACA, except for those in sec- tion 6 of the FACA [see 5 U.S.C. 1005], shall be per- formed by the Secretary of Energy, in consultation with the Director, in accordance with the guidelines and procedures established by the Administrator of General Services. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, ad- ministrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. Page 2460 TITLE 15—COMMERCE AND TRADE § 8814a 1 So in original. Probably should be ‘‘of’’. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 8814a. Subcommittee on the Economic and Se- curity Implications of Quantum Information Science (a) Establishment The President shall establish, through the Na- tional Science and Technology Council, the Sub- committee on the Economic and Security Impli- cations of Quantum Information Science. (b) Membership The Subcommittee shall include a representa- tive of— (1) the Department of Energy; (2) the Department of Defense; (3) the Department of Commerce; (4) the Department of Homeland Security; (5) the Office of the Director of National In- telligence; (6) the Office of Management and Budget; (7) the Office of Science and Technology Pol- icy; (8) the Department of Justice; (9) the National Science Foundation; (10) the National Institute of Standards and Technology; and (11) such other Federal department or agen- cy as the President considers appropriate. (c) Responsibilities The Subcommittee shall— (1) in coordination with the Director of the Office and 1 Management and Budget, the Di- rector of the National Quantum Coordination Office, and the Subcommittee on Quantum In- formation Science, track investments of the Federal Government in quantum information science research and development; (2) review and assess any economic or secu- rity implications of such investments; (3) review and assess any counterintelligence risks or other foreign threats to such invest- ments; (4) recommend goals and priorities for the Federal Government and make recommenda- tions to Federal departments and agencies and the Director of the National Quantum Coordi- nation Office to address any counterintel- ligence risks or other foreign threats identi- fied as a result of an assessment under para- graph (3); (5) assess the export of technology associ- ated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls nec- essary to protect the economic and security interests of the United States as a result of such assessment; (6) recommend to Federal departments and agencies investment strategies in quantum in- formation science that advance the economic and security interest of the United States; (7) recommend to the Director of National Intelligence and the Secretary of Energy ap- propriate protections to address counterintel- ligence risks or other foreign threats identi- fied as a result of the assessment under para- graph (3); and (8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum infor- mation science research and development re- flects a balance between scientific progress and the potential economic and security im- plications of such progress. (d) Technical and administrative support (1) In general The Secretary of Energy, the Director of Na- tional Intelligence, and the Director of the Na- tional Quantum Coordination Office may pro- vide to the Subcommittee personnel, equip- ment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the respon- sibilities of the Subcommittee under this sec- tion. (2) Support related to classified information The Director of the Office of Science and Technology Policy and the Director of Na- tional Intelligence shall provide to the Sub- committee technical and administrative sup- port related to the responsibilities of the Sub- committee that involve classified information, including support related to sensitive com- partmented information facilities and the storage of classified information. (Pub. L. 115–368, title I, § 105, as added Pub. L. 117–81, div. F, title LXVI, § 6606(a)(2), Dec. 27, 2021, 135 Stat. 2442.) TERMINATION OF SECTION For termination of section, see section 8815 of this title. Editorial Notes PRIOR PROVISIONS A prior section 105 of Pub. L. 115–368 was renumbered section 106 and is classified to section 8815 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–81, div. F, title LXVI, § 6606(b)(2), Dec. 27, 2021, 135 Stat. 2443, provided that: ‘‘The amendments made by subsection (a) [enacting this section and amending section 8815 of this title] shall take effect as if included in the enactment of the National Quantum Initiative Act (15 U.S.C. 8801 et seq.).’’ § 8815. Sunset (a) In general Except as provided in subsection (b), the au- thority to carry out sections 8811, 8812, 8813, 8814, and 8814a of this title shall terminate on the date that is 11 years after December 21, 2018. (b) Extension The President may continue the activities under such sections if the President determines that such activities are necessary to meet na- tional economic or national security needs. (Pub. L. 115–368, title I, § 106, formerly § 105, Dec. 21, 2018, 132 Stat. 5097; renumbered § 106 and