15 U.S.C. § 5511 — Networking and Information Technology

Page 2200 TITLE 15—COMMERCE AND TRADE § 5511 (4) ‘‘high-end computing’’ means the most advanced and capable computing systems, in- cluding their hardware, storage, networking and software, encompassing both massive computational capability and large-scale data analytics to solve computational problems of national importance that are beyond the capa- bility of small- to medium-scale systems, in- cluding computing formerly known as high- performance computing; (5) ‘‘Internet’’ means the international com- puter network of both Federal and non-Fed- eral interoperable data networks; (6) ‘‘networking and information tech- nology’’ means high-end computing, commu- nications, and information technologies, high- capacity and high-speed networks, special pur- pose and experimental systems, high-end com- puting systems software and applications soft- ware, and the management of large data sets; (7) ‘‘participating agency’’ means an agency described in section 5511(a)(3)(C) of this title; (8) ‘‘Program’’ means the Networking and Information Technology Research and Devel- opment Program described in section 5511 of this title; and (9) ‘‘Program Component Areas’’ means the major subject areas under which related indi- vidual projects and activities carried out under the Program are grouped. (Pub. L. 102–194, § 4, Dec. 9, 1991, 105 Stat. 1595; Pub. L. 105–305, § 7(b), Oct. 28, 1998, 112 Stat. 2924; Pub. L. 110–69, title VII, § 7024(a)(2), Aug. 9, 2007, 121 Stat. 689; Pub. L. 114–329, title I, § 105(d), Jan. 6, 2017, 130 Stat. 2977.) Editorial Notes AMENDMENTS 2017—Pars. (1), (2). Pub. L. 114–329, § 105(d)(2), (3), added par. (1) and redesignated former par. (1) as (2). Former par. (2) redesignated (3). Par. (3). Pub. L. 114–329, § 105(d)(1), (2), (4), redesig- nated par. (2) as (3), substituted ‘‘networking and infor- mation technology’’ for ‘‘high-performance com- puting’’, and struck out former par. (3) which read as follows: ‘‘ ‘high-performance computing’ means ad- vanced computing, communications, and information technologies, including supercomputer systems, high- capacity and high-speed networks, special purpose and experimental systems, applications and systems soft- ware, and the management of large data sets;’’. Par. (4). Pub. L. 114–329, § 105(d)(5), added par. (4). Former par. (4) redesignated (5). Par. (5). Pub. L. 114–329, § 105(d)(1), (2), redesignated par. (4) as (5) and struck out former par. (5) which read as follows: ‘‘ ‘Network’ means a computer network re- ferred to as the National Research and Education Net- work established under section 5512 of this title;’’. Pars. (6), (7). Pub. L. 114–329, § 105(d)(6), added pars. (6) and (7). Former pars. (6) and (7) redesignated (8) and (9), respectively. Par. (8). Pub. L. 114–329, § 105(d)(2), (7), redesignated par. (6) as (8) and substituted ‘‘Networking and Infor- mation Technology Research and Development Pro- gram’’ for ‘‘National High-Performance Computing Program’’. Par. (9). Pub. L. 114–329, § 105(d)(2), redesignated par. (7) as (9). 2007—Par. (2). Pub. L. 110–69, § 7024(a)(2)(A), inserted ‘‘and multidisciplinary teams of researchers’’ after ‘‘high-performance computing resources’’. Par. (3). Pub. L. 110–69, § 7024(a)(2)(B), struck out ‘‘sci- entific workstations,’’ after ‘‘technologies, including’’ and ‘‘(including vector supercomputers and large scale parallel systems)’’ after ‘‘supercomputer systems’’, sub- stituted ‘‘applications’’ for ‘‘and applications’’, and in- serted ‘‘, and the management of large data sets’’ after ‘‘systems software’’. Par. (4). Pub. L. 110–69, § 7024(a)(2)(C), struck out ‘‘packet switched’’ before ‘‘data networks’’. Par. (7). Pub. L. 110–69, § 7024(a)(2)(D)–(F), added par. (7). 1998—Pars. (4) to (6). Pub. L. 105–305 added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), re- spectively. SUBCHAPTER I—NETWORKING AND INFOR- MATION TECHNOLOGY RESEARCH AND DEVELOPMENT Editorial Notes CODIFICATION Pub. L. 114–329, title I, § 105(e), Jan. 6, 2017, 130 Stat. 2978, substituted ‘‘NETWORKING AND INFORMATION TECHNOLOGY’’ for ‘‘HIGH-PERFORMANCE COM- PUTING’’ in subchapter heading. § 5511. Networking and Information Technology Research and Development Program (a) Networking and Information Technology re- search and development (1) The President shall implement a Net- working and Information Technology Research and Development Program, which shall— (A) provide for long-term basic and applied research on networking and information tech- nology; (B) provide for research and development on, and demonstration of, technologies to advance the capacity and capabilities of high-end com- puting and networking systems, and related software; (C) provide for sustained access by the re- search community throughout the United States to high-end computing, distributed, and networking systems that are among the most advanced in the world in terms of performance in solving scientific and engineering problems, including provision for technical support for users of such systems; (D) provide for efforts to increase software security and reliability; (E) provide for high-performance networks, including experimental testbed networks, to enable research and development on, and dem- onstration of, advanced applications enabled by such networks; (F) provide for computational science and engineering research on mathematical mod- eling and algorithms for applications in all fields of science and engineering; (G) provide for the technical support of, and research and development on, high-end com- puting systems and software required to ad- dress Grand Challenges; (H) provide support and guidance for edu- cating and training additional undergraduate and graduate students in software engineering, computer science, computer and network secu- rity, applied mathematics, library and infor- mation science, and computational science; (I) provide for improving the security, reli- ability, and resilience of computing and net- working systems, including Federal systems, Page 2201 TITLE 15—COMMERCE AND TRADE § 5511 including providing for research required to establish security standards and practices for these systems; (J) provide for improving the security, reli- ability, and resiliency of computing and net- working systems used by institutions of high- er education and other nonprofit research in- stitutions for the processing, storage and transmission of sensitive federally funded re- search and associated data; (K) provide for increased understanding of the scientific principles of cyber-physical sys- tems and improve the methods available for the design, development, and operation of cyber-physical systems that are characterized by high reliability, safety, and security; (L) provide for research and development on human-computer interactions, visualization, and big data; (M) provide for research and development on the enhancement of cybersecurity, including the human facets of cyber threats and secure cyber systems; (N) provide for the understanding of the science, engineering, policy, and privacy pro- tection related to networking and information technology; (O) provide for the transition of high-end computing hardware, system software, devel- opment tools, and applications into develop- ment and operations; and (P) foster public-private collaboration among government, industry research labora- tories, academia, and nonprofit organizations to maximize research and development efforts and the benefits of networking and informa- tion technology, including high-end com- puting. (2) The Director shall— (A) establish the goals and priorities for Federal networking and information tech- nology research, development, education, and other activities; (B) establish Program Component Areas that implement the goals established under subparagraph (A), and identify the Grand Challenges that the Program should address; (C) provide for interagency coordination of Federal networking and information tech- nology research, development, education, and other activities undertaken pursuant to the Program— (i) among the participating agencies; and (ii) to the extent practicable, with other Federal agencies not described in paragraph (3)(C), other Federal and private research laboratories, industry, research entities, in- stitutions of higher education, relevant non- profit organizations, and international part- ners of the United States; (D) submit to the Congress an annual report, along with the President’s annual budget re- quest, describing the implementation of the Program; (E) encourage and monitor the efforts of the agencies participating in the Program to allo- cate the level of resources and management attention necessary to ensure that the stra- tegic plans under subsection (e) are developed and executed effectively and that the objec- tives of the Program are met; and (F) consult with academic, State, industry, and other appropriate groups conducting re- search on and using high-end computing. (3) The annual report submitted under para- graph (2)(D) shall— (A) provide a detailed description of the Pro- gram Component Areas, including a descrip- tion of any changes in the definition of or ac- tivities under the Program Component Areas from the preceding report, and the reasons for such changes, and a description of Grand Chal- lenges addressed under the Program; (B) provide a detailed description of the na- ture and scope of research infrastructure des- ignated as such under the Program; (C) set forth the relevant programs and ac- tivities, for the fiscal year with respect to which the budget submission applies, of each Federal agency and department, including— (i) the Department of Justice; (ii) the Department of Commerce; (iii) the Department of Defense; (iv) the Department of Education; (v) the Department of Energy; (vi) the Department of Health and Human Services; (vii) the Department of Homeland Secu- rity; (viii) the National Archives and Records Administration; (ix) the Environmental Protection Agency; (x) the National Aeronautics and Space Administration; (xi) the National Science Foundation; and (xii) such other agencies and departments as the President or the Director considers appropriate; (D) describe the levels of Federal funding for the fiscal year during which such report is submitted, the levels for the previous fiscal year, and the levels proposed for the fiscal year with respect to which the budget submis- sion applies, for each Program Component Area and research area supported in accord- ance with section 5512 of this title; (E) describe the levels of Federal funding for each participating agency, and for each Pro- gram Component Area, for the fiscal year dur- ing which such report is submitted, the levels for the previous fiscal year, and the levels pro- posed for the fiscal year with respect to which the budget submission applies; (F) include a description of how the objec- tives for each Program Component Area, and the objectives for activities that involve mul- tiple Program Component Areas, relate to the objectives of the Program identified in the strategic plans required under subsection (e); and (G) include an analysis of the progress made toward achieving the goals and priorities es- tablished for the Program and the extent to which the Program incorporates the rec- ommendations of the advisory committee es- tablished under subsection (b). (b) Advisory committee (1) The President shall establish an advisory committee on networking and information tech- nology, consisting of geographically dispersed Page 2202 TITLE 15—COMMERCE AND TRADE § 5511 non-Federal members, including representatives of the research, education, and library commu- nities, network and related software providers, and industry representatives in the Program Component Areas, who are specially qualified to provide the Director with advice and informa- tion on networking and information technology. Each chair of the advisory committee shall meet the qualifications of committee membership and may be a member of the President’s Council of Advisors on Science and Technology. The rec- ommendations of the advisory committee shall be considered in reviewing and revising the Pro- gram. The advisory committee shall provide the Director with an independent assessment of— (A) progress made in implementing the Pro- gram; (B) the need to revise the Program; (C) the balance between the components of the Program, including funding levels for the Program Component Areas; (D) whether the research and development undertaken pursuant to the Program is help- ing to maintain United States leadership in networking and information technology; and (E) other issues identified by the Director. (2) In addition to the duties outlined in para- graph (1), the advisory committee shall conduct periodic evaluations of the funding, manage- ment, coordination, implementation, and activi- ties of the Program. The advisory committee shall report not less frequently than once every 3 fiscal years to the Committee on Science, Space, and Technology of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate on its findings and recommendations. (3) Section 1013 of title 5 shall not apply to the advisory committee established under this sub- section. (c) Office of Management and Budget (1) Each Federal agency and department par- ticipating in the Program shall, as part of its annual request for appropriations to the Office of Management and Budget, submit a report to the Office of Management and Budget which— (A) identifies each element of its networking and information technology activities which contributes directly to the Program Compo- nent Areas or benefits from the Program; and (B) states the portion of its request for ap- propriations that is allocated to each such ele- ment. (2) The Office of Management and Budget shall review each such report in light of the goals, priorities, and agency and departmental respon- sibilities set forth in the annual report sub- mitted under subsection (a)(2)(D), and shall in- clude, in the President’s annual budget esti- mate, a statement of the portion of each appro- priate agency’s or department’s annual budget estimate relating to its activities undertaken pursuant to the Program. (d) Periodic reviews The heads of the participating agencies, work- ing through the National Science and Tech- nology Council and the Program, shall— (1) periodically assess and update, as appro- priate, the structure of the Program, includ- ing the Program Component Areas and associ- ated contents, scope, and funding levels, tak- ing into consideration any relevant rec- ommendations of the advisory committee es- tablished under subsection (b); and (2) ensure that such agency’s implementa- tion of the Program includes foundational, large-scale, long-term, and interdisciplinary information technology research and develop- ment activities, including activities described in section 5512 of this title. (e) Strategic plans (1) In general The heads of the participating agencies, working through the National Science and Technology Council and the Program, shall develop and implement strategic plans to guide— (A) emerging activities of Federal net- working and information technology re- search and development; and (B) the activities described in subsection (a)(1). (2) Updates The heads of the participating agencies shall update the strategic plans as appropriate. (3) Contents Each strategic plan shall— (A) specify near-term and long-term objec- tives for the portions of the Program rel- evant to the strategic plan, the anticipated schedule for achieving the near-term and long-term objectives, and the metrics to be used for assessing progress toward the near- term and long-term objectives; (B) specify how the near-term and long- term objectives complement research and development areas in which academia and the private sector are actively engaged; (C) describe how the heads of the partici- pating agencies will support mechanisms for foundational, large-scale, long-term, and interdisciplinary information technology re- search and development and for Grand Chal- lenges, including through collaborations— (i) across Federal agencies; (ii) across Program Component Areas; and (iii) with industry, Federal and private research laboratories, research entities, institutions of higher education, relevant nonprofit organizations, and international partners of the United States; (D) describe how the heads of the partici- pating agencies will foster the rapid transfer of research and development results into new technologies and applications in the na- tional interest, including through coopera- tion and collaborations with networking and information technology research, develop- ment, and technology transition initiatives supported by the States; and (E) describe how the portions of the Pro- gram relevant to the strategic plan will ad- dress long-term challenges for which solu- tions require foundational, large-scale, long- term, and interdisciplinary information technology research and development. Page 2203 TITLE 15—COMMERCE AND TRADE § 5511 (4) Private sector efforts In developing, implementing, and updating strategic plans, the heads of the participating agencies, working through the National Science and Technology Council and the Pro- gram, shall coordinate with industry, aca- demia, and other interested stakeholders to ensure, to the extent practicable, that the Federal networking and information tech- nology research and development activities carried out under this section do not duplicate the efforts of the private sector. (5) Recommendations In developing and updating strategic plans, the heads of the participating agencies shall solicit recommendations and advice from— (A) the advisory committee under sub- section (b); (B) the Committee on Science and relevant subcommittees of the National Science and Technology Council; and (C) a wide range of stakeholders, including industry, academia, National Laboratories, and other relevant organizations and insti- tutions. (f) Reports The heads of the participating agencies, work- ing through the National Science and Tech- nology Council and the Program, shall submit to the advisory committee, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representa- tives— (1) the strategic plans developed under sub- section (e)(1); and (2) each update under subsection (e)(2). (Pub. L. 102–194, title I, § 101, Dec. 9, 1991, 105 Stat. 1595; Pub. L. 104–66, title I, § 1052(k), Dec. 21, 1995, 109 Stat. 719; Pub. L. 105–305, § 4, Oct. 28, 1998, 112 Stat. 2921; Pub. L. 110–69, title VII, § 7024(a)(1)(B)–(D), Aug. 9, 2007, 121 Stat. 686–689; Pub. L. 114–329, title I, § 105(f), Jan. 6, 2017, 130 Stat. 2978; Pub. L. 117–167, div. B, title III, § 10374(d)(1), Aug. 9, 2022, 136 Stat. 1572; Pub. L. 117–286, § 4(a)(75), Dec. 27, 2022, 136 Stat. 4314.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(1)(D). Pub. L. 117–167, § 10374(d)(1)(A), realigned margins. Subsec. (a)(1)(J) to (P). Pub. L. 117–167, § 10374(d)(1), added subpar. (J), redesignated former subpars. (J) to (O) as (K) to (P), respectively, and realigned margins. Subsec. (b)(3). Pub. L. 117–286 substituted ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory Committee Act’’. 2017—Pub. L. 114–329, § 105(f)(1), substituted ‘‘Net- working and Information Technology Research and De- velopment Program’’ for ‘‘National High-Performance Computing Program’’ in section catchline. Subsec. (a). Pub. L. 114–329, § 105(f)(2)(A), substituted ‘‘Networking and Information Technology research and development’’ for ‘‘National High-Performance Com- puting Program’’ in heading. Subsec. (a)(1). Pub. L. 114–329, § 105(f)(2)(B)(i), sub- stituted ‘‘Networking and Information Technology Re- search and Development Program’’ for ‘‘National High- Performance Computing Program’’ in introductory pro- visions. Subsec. (a)(1)(A). Pub. L. 114–329, § 105(f)(2)(B)(ii), sub- stituted ‘‘networking and information technology’’ for ‘‘high-performance computing, including networking’’. Subsec. (a)(1)(B). Pub. L. 114–329, § 105(f)(2)(B)(iii), sub- stituted ‘‘high-end’’ for ‘‘high-performance’’. Subsec. (a)(1)(C). Pub. L. 114–329, § 105(f)(2)(B)(iv), sub- stituted ‘‘high-end computing, distributed, and net- working’’ for ‘‘high-performance computing and net- working’’. Subsec. (a)(1)(D). Pub. L. 114–329, § 105(f)(2)(B)(v), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘provide for widely dis- persed efforts to increase software availability, produc- tivity, capability, security, portability, and reli- ability;’’. Subsec. (a)(1)(G). Pub. L. 114–329, § 105(f)(2)(B)(iii), substituted ‘‘high-end’’ for ‘‘high-performance’’. Subsec. (a)(1)(H). Pub. L. 114–329, § 105(f)(2)(B)(vi), in- serted ‘‘support and guidance’’ after ‘‘provide’’ and struck out ‘‘and’’ at end. Subsec. (a)(1)(I). Pub. L. 114–329, § 105(f)(2)(B)(vii), sub- stituted ‘‘improving the security, reliability, and resil- ience’’ for ‘‘improving the security’’ and semicolon for period at end. Subsec. (a)(1)(J) to (O). Pub. L. 114–329, § 105(f)(2)(B)(viii), added subpars. (J) to (O). Subsec. (a)(2)(A). Pub. L. 114–329, § 105(f)(2)(C)(i), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘establish the goals and priorities for Federal high-performance computing re- search, development, networking, and other activi- ties;’’. Subsec. (a)(2)(C). Pub. L. 114–329, § 105(f)(2)(C)(ii), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘provide for interagency co- ordination of Federal high-performance computing re- search, development, networking, and other activities undertaken pursuant to the Program;’’. Subsec. (a)(2)(E). Pub. L. 114–329, § 105(f)(2)(C)(iii), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘develop and maintain a re- search, development, and deployment roadmap cov- ering all States and regions for the provision of high- performance computing and networking systems under paragraph (1)(C); and’’. Subsec. (a)(2)(F). Pub. L. 114–329, § 105(f)(2)(C)(iv), sub- stituted ‘‘high-end’’ for ‘‘high-performance’’. Subsec. (a)(3)(B). Pub. L. 114–329, § 105(f)(2)(D)(ii), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (a)(3)(C). Pub. L. 114–329, § 105(f)(2)(D)(i), re- designated subpar. (B) as (C). Former subpar. (C) redes- ignated (D). Subsec. (a)(3)(C)(i). Pub. L. 114–329, § 105(f)(2)(D)(iii)(I), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: ‘‘the Department of Agriculture;’’. Subsec. (a)(3)(C)(vii). Pub. L. 114–329, § 105(f)(2)(D)(iii)(III), added cl. (vii). Former cl. (vii) re- designated (viii). Subsec. (a)(3)(C)(viii). Pub. L. 114–329, § 105(f)(2)(D)(iii)(II), (IV), redesignated cl. (vii) as (viii) and amended it generally. Prior to amendment, cl. (viii) read as follows: ‘‘the Department of the Inte- rior;’’. Former cl. (viii) redesignated (ix). Subsec. (a)(3)(C)(ix) to (xii). Pub. L. 114–329, § 105(f)(2)(D)(iii)(II), redesignated cls. (viii) to (xi) as (ix) to (xii), respectively. Subsec. (a)(3)(D). Pub. L. 114–329, § 105(f)(2)(D)(i), (iv), redesignated subpar. (C) as (D) and substituted ‘‘is sub- mitted, the levels for the previous fiscal year,’’ for ‘‘is submitted,’’ and ‘‘each Program Component Area and research area supported in accordance with section 5512 of this title;’’ for ‘‘each Program Component Area;’’. Former subpar. (D) redesignated (E). Subsec. (a)(3)(E). Pub. L. 114–329, § 105(f)(2)(D)(i), (v), redesignated subpar. (D) as (E) and amended it gen- erally. Prior to amendment, subpar. (E) read as follows: ‘‘describe the levels of Federal funding for each agency and department participating in the Program, and for each Program Component Area, for the fiscal year dur- ing which such report is submitted, and the levels pro- Page 2204 TITLE 15—COMMERCE AND TRADE § 5511 posed for the fiscal year with respect to which the budget submission applies; and’’. Former subpar. (E) re- designated (G). Subsec. (a)(3)(F). Pub. L. 114–329, § 105(f)(2)(D)(vi), added subpar. (F). Subsec. (a)(3)(G). Pub. L. 114–329, § 105(f)(2)(D)(i), re- designated subpar. (E) as (G). Subsec. (b)(1). Pub. L. 114–329, § 105(f)(3)(A), in intro- ductory provisions, substituted ‘‘networking and infor- mation technology’’ for ‘‘high-performance computing’’ in two places and inserted ‘‘Each chair of the advisory committee shall meet the qualifications of committee membership and may be a member of the President’s Council of Advisors on Science and Technology.’’ before ‘‘The recommendations’’. Subsec. (b)(1)(D). Pub. L. 114–329, § 105(f)(3)(B), sub- stituted ‘‘networking and information technology’’ for ‘‘high-performance computing, networking technology, and related software’’. Subsec. (b)(2). Pub. L. 114–329, § 105(f)(3)(C), sub- stituted ‘‘3 fiscal years’’ for ‘‘2 fiscal years’’ and ‘‘Com- mittee on Science, Space, and Technology’’ for ‘‘Com- mittee on Science and Technology’’ and struck out at end ‘‘The first report shall be due within 1 year after August 9, 2007.’’ Subsec. (c)(1)(A). Pub. L. 114–329, § 105(f)(4), sub- stituted ‘‘networking and information technology’’ for ‘‘high-performance computing’’. Subsecs. (d) to (f). Pub. L. 114–329, § 105(f)(5), added subsecs. (d) to (f). 2007—Subsec. (a)(1)(A) to (I). Pub. L. 110–69, § 7024(a)(1)(B)(i), added subpars. (A) to (I) and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) establish the goals and priorities for Federal high-performance computing research, development, networking, and other activities; and ‘‘(B) provide for interagency coordination of Federal high-performance computing research, development, networking, and other activities undertaken pursuant to the Program.’’ Subsec. (a)(2). Pub. L. 110–69, § 7024(a)(1)(B)(ii), redes- ignated par. (3) as (2) and struck out former par. (2) which provided additional requirements for the Na- tional High-Performance Computing Program. Subsec. (a)(2)(A) to (F). Pub. L. 110–69, § 7024(a)(1)(B)(iii), added subpars. (A) to (C) and (E), re- designated former subpars. (A) and (C) as (D) and (F), respectively, and struck out former subpar. (B) which read as follows: ‘‘provide for interagency coordination of the Program; and’’. Subsec. (a)(3). Pub. L. 110–69, § 7024(a)(1)(B)(iv)(I), sub- stituted ‘‘paragraph (2)(D)’’ for ‘‘paragraph (3)(A)’’ in introductory provisions. Pub. L. 110–69, § 7024(a)(1)(B)(ii), redesignated par. (4) as (3). Former par. (3) redesignated (2). Subsec. (a)(3)(A). Pub. L. 110–69, § 7024(a)(1)(B)(iv)(II), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘include a detailed descrip- tion of the goals and priorities established by the Presi- dent for the Program;’’. Subsec. (a)(3)(C). Pub. L. 110–69, § 7024(a)(1)(B)(iv)(III), substituted ‘‘each Program Component Area’’ for ‘‘spe- cific activities, including education, research, hardware and software development, and support for the estab- lishment of the Network’’. Subsec. (a)(3)(D). Pub. L. 110–69, § 7024(a)(1)(B)(iv)(IV), (V), inserted ‘‘, and for each Program Component Area,’’ after ‘‘participating in the Program’’ and ‘‘and’’ after ‘‘applies;’’. Subsec. (a)(3)(E), (F). Pub. L. 110–69, § 7024(a)(1)(B)(iv)(VI), (VII), redesignated subpar. (F) as (E), inserted ‘‘and the extent to which the Program in- corporates the recommendations of the advisory com- mittee established under subsection (b)’’ after ‘‘for the Program’’, and struck out former subpar. (E) which read as follows: ‘‘include the report of the Secretary of Energy required by section 5523(d) of this title; and’’. Subsec. (b). Pub. L. 110–69, § 7024(a)(1)(C), added sub- sec. (b) and struck out heading and text of former sub- sec. (b). Text consisted of pars. (1) to (5) which con- tained provisions similar to those now contained in par. (1). Subsec. (c)(1)(A). Pub. L. 110–69, § 7024(a)(1)(D)(i), sub- stituted ‘‘Program Component Areas or’’ for ‘‘Program or’’. Subsec. (c)(2). Pub. L. 110–69, § 7024(a)(1)(D)(ii), sub- stituted ‘‘subsection (a)(2)(D)’’ for ‘‘subsection (a)(3)(A)’’. 1998—Subsec. (a)(2)(A), (B). Pub. L. 105–305, § 4(a), amended subpars. (A) and (B) generally. Prior to amendment, subpars. read as follows: ‘‘(A) provide for the establishment of policies for management and access to the Network; ‘‘(B) provide for oversight of the operation and evo- lution of the Network;’’. Subsec. (b). Pub. L. 105–305, § 4(b), struck out ‘‘High- performance computing’’ before ‘‘advisory committee’’ in heading. 1995—Subsec. (a)(4)(D) to (F). Pub. L. 104–66 struck out ‘‘and’’ at end of subpar. (D), added subpar. (E), and redesignated former subpar. (E) as (F). Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. Executive Documents DELEGATION OF FUNCTIONS President’s Council of Advisors on Science and Tech- nology to serve as the advisory committee identified in subsec. (b) of this section and to be known as the Presi- dent’s Innovation and Technology Advisory Committee when so serving, see section 3(b)(iii) of Ex. Ord. No. 14007, set out in a note under section 6601 of Title 42, The Public Health and Welfare. EX. ORD. NO. 13035. PRESIDENT’S INFORMATION TECHNOLOGY ADVISORY COMMITTEE Ex. Ord. No. 13035, Feb. 11, 1997, 62 F.R. 7131, as amended by Ex. Ord. No. 13092, July 24, 1998, 63 F.R. 40167; Ex. Ord. No. 13113, Feb. 10, 1999, 64 F.R. 7489; Ex. Ord. No. 13200, Feb. 11, 2001, 66 F.R. 10183; Ex. Ord. No. 13215, May 31, 2001, 66 F.R. 30285; Ex. Ord. No. 13305, May 28, 2003, 68 F.R. 32323, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the High-Performance Computing Act of 1991 (Public Law 102–194) (‘‘Act’’) [15 U.S.C. 5501 et seq.], as amended by the Next Generation Internet Research Act of 1998 (Public Law 105–305) (‘‘Research Act’’) [see Short Title of 1998 Amendment note set out under section 5501 of this title], and in order to estab- lish an advisory committee on high-performance com- puting and communications, Information Technology [sic], and the Next Generation Internet, it is hereby or- dered as follows: SECTION 1. Establishment. There is established the ‘‘President’s Information Technology Advisory Com- mittee’’ (‘‘Committee’’). The Committee shall consist of not more than 30 nonfederal members appointed by the President, including representatives of the re- search, education, and library communities, network providers, and representatives from critical industries. Members appointed prior to June 1, 2001, shall serve until December 1, 2001, unless reappointed by the Presi- dent. Members appointed or reappointed on or after June 1, 2001, shall serve for no more than 2 years from the date of their appointment, unless their period of Page 2205 TITLE 15—COMMERCE AND TRADE § 5521 service is extended by the President. The President shall designate two co-chairs from among the members of the Committee. A co-chair may serve for a term of 2 years or until the end of his or her service as a mem- ber of the Committee, whichever is the shorter period. SEC. 2. Functions. (a) The Committee shall provide the National Science and Technology Council (NSTC), through the Director of the Office of Science and Tech- nology Policy (‘‘Director’’), with advice and informa- tion on high-performance computing and communica- tions, information technology, and the Next Genera- tion Internet. The Committee shall provide an inde- pendent assessment of: (1) progress made in implementing the High-Perform- ance Computing and Communications (HPCC) Program; (2) progress in designing and implementing the Next Generation Internet initiative; (3) the need to revise the HPCC Program; (4) balance among components of the HPCC Program; (5) whether the research and development undertaken pursuant to the HPCC Program is helping to maintain United States leadership in advanced computing and communications technologies and their applications; and (6) other issues as specified by the Director. (b) The Committee shall carry out its responsibilities under the Research Act in the manner described in the Research Act. SEC. 3. Administration. To the extent permitted by law and subject to the availability of appropriations, the Department of Defense shall provide the financial and administrative support for the Committee. Further, the Director of the National Coordination Office for Com- puting Information, and Communications (‘‘Director of the NCO’’) shall provide such coordination and tech- nical assistance to the Committee as the co-chairs of the Committee may request. (a) The heads of executive agencies shall, to the ex- tent permitted by law, provide to the Committee such information as it may require for the purpose of car- rying out its functions. (b) The co-chairs may, from time to time, invite ex- perts to submit information to the Committee and may form subcommittees or working groups within the Committee to review specific issues. (c) Members of the Committee shall serve without compensation but shall be allowed travel expenses, in- cluding per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Gov- ernment service (5 U.S.C. 5701–5707). SEC. 4. General. (a) Notwithstanding any other Execu- tive order, the functions of the President under the Federal Advisory Committee Act, as amended [see 5 U.S.C. 1001 et seq.], except that of reporting to the Con- gress, that are applicable to the Committee shall be performed by the Director of the NCO in accordance with guidelines that have been issued by the Adminis- trator of General Services. (b) The Committee shall terminate June 1, 2005, un- less extended by the President prior to such date. § 5512. Grand Challenges in areas of national im- portance (a) In general The Program shall encourage the partici- pating agencies to support foundational, large- scale, long-term, interdisciplinary, and inter- agency information technology research and de- velopment activities in networking and informa- tion technology directed toward agency mission areas that have the potential for significant contributions to national economic competitive- ness and for other significant societal benefits. Such activities, ranging from basic research to the demonstration of technical solutions, shall be designed to advance the development of fun- damental discoveries. The advisory committee established under section 5511(b) of this title shall make recommendations to the Program for candidate research and development areas for support under this section. (b) Characteristics (1) In general Research and development activities under this section shall— (A) include projects selected on the basis of applications for support through a com- petitive, merit-based process; (B) to the extent practicable, involve col- laborations among researchers in institu- tions of higher education and industry, and may involve nonprofit research institutions and Federal laboratories, as appropriate; (C) to the extent practicable, leverage Fed- eral investments through collaboration with related State and private sector initiatives; and (D) include a plan for fostering the trans- fer of research discoveries and the results of technology demonstration activities, includ- ing from institutions of higher education and Federal laboratories, to industry for commercial development. (2) Cost-sharing In selecting applications for support, the agencies may give special consideration to projects that include cost sharing from non- Federal sources. (Pub. L. 102–194, title I, § 102, as added Pub. L. 114–329, title I, § 105(i), Jan. 6, 2017, 130 Stat. 2982.) Editorial Notes PRIOR PROVISIONS A prior section 5512, Pub. L. 102–194, title I, § 102, Dec. 9, 1991, 105 Stat. 1598, related to the National Research and Education Network, prior to repeal by Pub. L. 114–329, title I, § 105(g), Jan. 6, 2017, 130 Stat. 2982. § 5513. Repealed. Pub. L. 114–329, title I, § 105(h), Jan. 6, 2017, 130 Stat. 2982 Section, Pub. L. 102–194, title I, § 103, as added Pub. L. 105–305, § 5, Oct. 28, 1998, 112 Stat. 2921; amended Pub. L. 106–65, div. A, title X, § 1067(20), Oct. 5, 1999, 113 Stat. 775, related to the Next Generation Internet program. SUBCHAPTER II—AGENCY ACTIVITIES § 5521. National Science Foundation activities As part of the Program described in sub- chapter I— (1) the National Science Foundation shall provide high-end computing and networking infrastructure support for all science and engi- neering disciplines, and support basic research and human resource development in all as- pects of networking and information tech- nology; and (2) the National Science Foundation shall use its existing programs, in collaboration with other agencies, as appropriate, to im- prove the teaching and learning of networking and information technology at all levels of education and to increase participation in net- working and information technology fields, in-