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Code · STATUTE-COMPILATIONS · American Innovation and Competitiveness Act · Sec. 105

Sec. 105. NETWORKING AND INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT UPDATE

3,554 words·~16 min read·/statute-compilations/comps-12678/sec-105

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## SEC. 105 NETWORKING AND INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT UPDATE **[**[15 U.S.C. 5501 note](/us/usc/t15/s5501)**]** ###
(a)Short Title This section may be cited as the “Networking and Information Technology Research and Development Modernization Act of 2016”. ###
(b)Findings Section 2 of the High-Performance Computing Act of 1991 (15 U.S.C. 5501) is amended— ####
(1)in paragraphs
(2)and (5), by striking “high-performance computing” and inserting “networking and information technology, including high-performance computing,”; and ####
(2)in paragraph (3), by striking “high-performance computing” and inserting “networking and information technology, including high-performance computing”; ###
(c)Purposes Section 3 of the High-Performance Computing Act of 1991 (15 U.S.C. 5502) is amended— ####
(1)in the matter preceding paragraph (1), by striking “high-performance computing” and inserting “networking and information technology”; ####
(2)in paragraph (1)— #####
(A)in the matter preceding subparagraph (A), by striking “expanding Federal support for research, development, and application of high-performance computing” and inserting “supporting Federal research, development, and application of networking and information technology”; #####
(B)in subparagraph (A), by striking “high-performance computing” both places it appears and inserting “networking and information technology”; #####
(C)by striking subparagraphs
(C)and (D); #####
(D)by inserting after subparagraph
(B)the following: > > ##### “(C) > > stimulate research on and promote more rapid development of high-end computing systems software and applications software;” > ; #####
(E)by redesignating subparagraphs
(E)through
(H)as subparagraphs
(D)through (G), respectively; #####
(F)in subparagraph (D), as redesignated, by inserting “high-end” after “the development of”; #####
(G)in subparagraphs
(E)and (F), as redesignated, by striking “high-performance computing” each place it appears and inserting “networking and information technology”; and #####
(H)in subparagraph (G), as redesignated, by striking “high-performance” and inserting “high-end”; and ####
(3)in paragraph (2)— #####
(A)by striking “high-performance computing and” and inserting “networking and information technology and”; and #####
(B)by striking “high-performance computing network” and inserting “networking and information technology”. ###
(d)Definitions Section 4 of the High-Performance Computing Act of 1991 (15 U.S.C. 5503) is amended— ####
(1)by striking paragraphs
(3)and (5); ####
(2)by redesignating paragraphs (1), (2), (4), (6), and
(7)as paragraphs (2), (3), (5), (8), and (9), respectively; ####
(3)by inserting before paragraph (2), as redesignated, the following: > > #### “(1) > > ‘cyber-physical systems’ means physical or engineered systems whose networking and information technology functions and physical elements are deeply integrated and are actively connected to the physical world through sensors, actuators, or other means to enable safe and effective, real-time performance in safety-critical and other applications;” > ; ####
(4)in paragraph (3), as redesignated, by striking “high-performance computing” and inserting “networking and information technology”; ####
(5)by inserting after paragraph (3), as redesignated, the following: > > #### “(4) > > ‘high-end computing’ means the most advanced and capable computing systems, including 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 capability of small- to medium-scale systems, including computing formerly known as high-performance computing;” > ; ####
(6)by inserting after paragraph (5), as redesignated, the following: > > #### “(6) > > ‘networking and information technology’ means high-end computing, communications, and information technologies, high-capacity and high-speed networks, special purpose and experimental systems, high-end computing systems software and applications software, and the management of large data sets; > > > #### “(7) > > ‘participating agency’ means an agency described in section 101(a)(3)(C);” > ; and ####
(7)in paragraph (8), as redesignated, by striking “National High-Performance Computing Program” and inserting “Networking and Information Technology Research and Development Program”. ###
(e)Title I Heading The heading of title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by striking “HIGH-PERFORMANCE COMPUTING” and inserting “NETWORKING AND INFORMATION TECHNOLOGY”. ###
(f)Networking and Information Technology Research and Development Program Section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) is amended— ####
(1)in the section heading, by striking “national high-performance computing program” and inserting “networking and information technology research and development program”; ####
(2)in subsection (a)— #####
(A)in the subsection heading, by striking “National High-Performance Computing Program” and inserting “Networking and Information Technology Research and Development”; #####
(B)in paragraph (1)— ######
(i)in the matter preceding subparagraph (A), by striking “National High-Performance Computing Program” and inserting “Networking and Information Technology Research and Development Program”; ######
(ii)in subparagraph (A), by striking “high-performance computing, including networking” and inserting “networking and information technology”; ######
(iii)in subparagraphs
(B)and (G), by striking “high-performance” each place it appears and inserting “high-end”; ######
(iv)in subparagraph (C), by striking “high-performance computing and networking” and inserting “high-end computing, distributed, and networking”; ######
(v)by amending subparagraph
(D)to read as follows: > > ##### “(D) > > provide for efforts to increase software security and reliability;” > ; ######
(vi)in subparagraph (H)— ######
(I)by inserting “support and guidance” after “provide”; and ######
(II)by striking “and” after the semicolon; ######
(vii)in subparagraph (I)— ######
(I)by striking “improving the security” and inserting “improving the security, reliability, and resilience”; and ######
(II)by striking the period at the end and inserting a semicolon; and ######
(viii)by adding at the end the following: > > ##### “(J) > > provide for increased understanding of the scientific principles of cyber-physical systems and improve the methods available for the design, development, and operation of cyber-physical systems that are characterized by high reliability, safety, and security; > > > ##### “(K) > > provide for research and development on human-computer interactions, visualization, and big data; > > > ##### “(L) > > provide for research and development on the enhancement of cybersecurity, including the human facets of cyber threats and secure cyber systems; > > > ##### “(M) > > provide for the understanding of the science, engineering, policy, and privacy protection related to networking and information technology; > > > ##### “(N) > > provide for the transition of high-end computing hardware, system software, development tools, and applications into development and operations; and > > > ##### “(O) > > foster public-private collaboration among government, industry research laboratories, academia, and nonprofit organizations to maximize research and development efforts and the benefits of networking and information technology, including high-end computing.” > ; #####
(C)in paragraph (2)— ######
(i)by amending subparagraph
(A)to read as follows: > > ##### “(A) > > establish the goals and priorities for Federal networking and information technology research, development, education, and other activities;” > ; ######
(ii)by amending subparagraph
(C)to read as follows: > > ##### “(C) > > provide for interagency coordination of Federal networking and information technology 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, institutions of higher education, relevant nonprofit organizations, and international partners of the United States;” > ; ######
(iii)by amending subparagraph
(E)to read as follows: > > ##### “(E) > > encourage and monitor the efforts of the agencies participating in the Program to allocate the level of resources and management attention necessary to ensure that the strategic plans under subsection
(e)are developed and executed effectively and that the objectives of the Program are met; and” > ; and ######
(iv)in subparagraph (F), by striking “high-performance” and inserting “high-end”; and #####
(D)in paragraph (3)— ######
(i)by redesignating subparagraphs (B), (C), (D), and
(E)as subparagraphs (C), (D), (E), and (G), respectively; ######
(ii)by inserting after subparagraph
(A)the following: > > ##### “(B) > > provide a detailed description of the nature and scope of research infrastructure designated as such under the Program;” > ; ######
(iii)in subparagraph (C), as redesignated— ######
(I)by amending clause
(i)to read as follows: > > ###### “(i) > > the Department of Justice;” > ; ######
(II)by redesignating clauses
(vii)through
(xi)as clauses
(viii)through (xii), respectively; ######
(III)by inserting after clause
(vi)the following: > > ###### “(vii) > > the Department of Homeland Security;” > ; and ######
(IV)by amending clause (viii), as redesignated, to read as follows: > > ###### “(viii) > > the National Archives and Records Administration;” > ; ######
(iv)in subparagraph (D), as redesignated— ######
(I)by striking “is submitted,” and inserting “is submitted, the levels for the previous fiscal year,”; and ######
(II)by striking “each Program Component Area;” and inserting “each Program Component Area and research area supported in accordance with section 102;”; ######
(v)by amending subparagraph (E), as redesignated, to read as follows: > > ##### “(E) > > describe the levels of Federal funding for each participating agency, and for each Program Component Area, 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 submission applies;” > ; and ######
(vi)by inserting after subparagraph (E), as redesignated, the following: > > ##### “(F) > > include a description of how the objectives for each Program Component Area, and the objectives for activities that involve multiple Program Component Areas, relate to the objectives of the Program identified in the strategic plans required under subsection (e); and” > ; ####
(3)in subsection (b)— #####
(A)in paragraph (1), in the matter preceding subparagraph (A)— ######
(i)by striking “high-performance computing” both places it appears and inserting “networking and information technology”; and ######
(ii)after the first sentence, by inserting the following: “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.”; #####
(B)in paragraph (1)(D), by striking “high-performance computing, networking technology, and related software” and inserting “networking and information technology”; and #####
(C)in paragraph (2)— ######
(i)in the second sentence, by striking “2” and inserting “3”; ######
(ii)by striking “Committee on Science and Technology” and inserting “Committee on Science, Space, and Technology”; and ######
(iii)by striking “The first report shall be due within 1 year after the date of enactment of the America COMPETES Act.”; ####
(4)in subsection (c)(1)(A), by striking “high-performance computing” and inserting “networking and information technology”; and ####
(5)by adding at the end the following: > > ### “(d) Periodic Reviews > > The heads of the participating agencies, working through the National Science and Technology Council and the Program, shall— > > > #### “(1) > > periodically assess and update, as appropriate, the structure of the Program, including the Program Component Areas and associated contents, scope, and funding levels, taking into consideration any relevant recommendations of the advisory committee established under subsection (b); and > > > #### “(2) > > ensure that such agency’s implementation of the Program includes foundational, large-scale, long-term, and interdisciplinary information technology research and development activities, including activities described in section 102. > > > ### “(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 networking and information technology research 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 objectives for the portions of the Program relevant 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 participating agencies will support mechanisms for foundational, large-scale, long-term, and interdisciplinary information technology research and development and for Grand Challenges, 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 participating agencies will foster the rapid transfer of research and development results into new technologies and applications in the national interest, including through cooperation and collaborations with networking and information technology research, development, and technology transition initiatives supported by the States; and > > > ##### “(E) > > describe how the portions of the Program relevant to the strategic plan will address long-term challenges for which solutions require foundational, large-scale, long-term, and interdisciplinary information technology research and development. > > > #### “(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 Program, shall coordinate with industry, academia, and other interested stakeholders to ensure, to the extent practicable, that the Federal networking and information technology 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 subsection (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 institutions. > > > ### “(f) Reports > > The heads of the participating agencies, working through the National Science and Technology 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 Representatives— > > > #### “(1) > > the strategic plans developed under subsection (e)(1); and > > > #### “(2) > > each update under subsection (e)(2).” > . ###
(g)National Research and Education Network Section 102 of the High-Performance Computing Act of 1991 (15 U.S.C. 5512) is repealed. ###
(h)Next Generation Internet Section 103 of the High-Performance Computing Act of 1991 (15 U.S.C. 5513) is repealed. ###
(i)Grand Challenges in Areas of National Importance Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the end the following: > > ## “SEC. 102 GRAND CHALLENGES IN AREAS OF NATIONAL IMPORTANCE > > **[**[15 U.S.C. 5512](/us/usc/t15/s5512)**]** > > > ### “(a) In general > > The Program shall encourage the participating agencies to support foundational, large-scale, long-term, interdisciplinary, and interagency information technology research and development activities in networking and information technology directed toward agency mission areas that have the potential for significant contributions to national economic competitiveness 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 fundamental discoveries. The advisory committee established under section 101(b) 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 competitive, merit-based process; > > > ##### “(B) > > to the extent practicable, involve collaborations among researchers in institutions of higher education and industry, and may involve nonprofit research institutions and Federal laboratories, as appropriate; > > > ##### “(C) > > to the extent practicable, leverage Federal investments through collaboration with related State and private sector initiatives; and > > > ##### “(D) > > include a plan for fostering the transfer of research discoveries and the results of technology demonstration activities, including 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.” > . ###
(j)National Science Foundation Activities Section 201 of the High-Performance Computing Act of 1991 (15 U.S.C. 5521) is amended— ####
(1)in subsection (a)— #####
(A)by striking “(a) General Responsibilities.—”; #####
(B)in paragraph (1)— ######
(i)by inserting “high-end” after “National Science Foundation shall provide”; and ######
(ii)by striking “high-performance computing” and all that follows through “networking;” and inserting “networking and information technology; and”; #####
(C)by striking paragraphs
(2)through (4); and #####
(D)by inserting after paragraph
(1)the following: > > #### “(2) > > the National Science Foundation shall use its existing programs, in collaboration with other agencies, as appropriate, to improve the teaching and learning of networking and information technology at all levels of education and to increase participation in networking and information technology fields, including by individuals identified in sections 33 and 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a and 1885b).” > ; and ####
(2)by striking subsection (b). ###
(k)National Aeronautics and Space Administration Activities Section 202 of the High-Performance Computing Act of 1991 (15 U.S.C. 5522) is amended— ####
(1)by striking “(a) General Responsibilities.—”; ####
(2)by striking “high-performance computing” and inserting “networking and information technology”; and ####
(3)by striking subsection (b). ###
(l)Department of Energy Activities Section 203 of the High-Performance Computing Act of 1991 (15 U.S.C. 5523) is amended— ####
(1)by striking “(a) General Responsibilities.—”; ####
(2)in paragraph (1), by striking “high-performance computing and networking” and inserting “networking and information technology”; ####
(3)in paragraph (2)(A), by striking “high-performance” and inserting “high-end”; and ####
(4)by striking subsection (b). ###
(m)Department of Commerce Activities Section 204 of the High-Performance Computing Act of 1991 (15 U.S.C. 5524) is amended— ####
(1)in subsection (a)(1)— #####
(A)in subparagraph (A), by striking “high-performance computing systems and networks” and inserting “networking and information technology systems and capabilities”; #####
(B)in subparagraph (B), by striking “interoperability of high-performance computing systems in networks and for common user interfaces to systems” and inserting “interoperability and usability of networking and information technology systems”; and #####
(C)in subparagraph (C), by striking “high-performance computing” and inserting “networking and information technology”; ####
(2)in subsection (b)— #####
(A)in the heading, by striking “High-Performance Computing and Network” and inserting “Networking and Information Technology”; #####
(B)by striking “Pursuant to the Computer Security Act of 1987 (Public Law 100-235; 101 Stat. 1724), the” and inserting “The”; and #####
(C)by striking “sensitive information in Federal computer systems” and inserting “Federal agency information and information systems”; and ####
(3)by striking subsections
(c)and (d). ###
(n)Environmental Protection Agency Activities Section 205 of the High-Performance Computing Act of 1991 (15 U.S.C. 5525) is repealed. ###
(o)Role of the Department of Education Section 206 of the High-Performance Computing Act of 1991 (15 U.S.C. 5526) is repealed. ###
(p)Miscellaneous Provisions Section 207 of the High-Performance Computing Act of 1991 (15 U.S.C. 5527) is amended— ####
(1)in subsection (a)(2), by striking “paragraphs
(1)through
(5)of section 2315(a) of title 10” and inserting “section 3552(b)(6)(A)(i) of title 44”; and ####
(2)in subsection (b), by striking “high-performance computing” and inserting “networking and information technology”. ###
(q)Repeal Section 208 of the High-Performance Computing Act of 1991 (15 U.S.C. 5528) is repealed. ###
(r)National Science Foundation Research Section 4(b)(5)(K) of the Cyber Security Research and Development Act (15 U.S.C. 7403(b)(5)(K)) is amended by striking “high-performance computing” and inserting “networking and information technology”. ###
(s)National Information Technology Research and Development Program Section 13202(b) of the America Recovery and Reinvestment Act of 2009 (42 U.S.C. 17912(b)) is amended by striking “National High-Performance Computing Program” and inserting “Networking and Information Technology Research and Development Program”. ###
(t)Federal Cybersecurity Research and Development Section 201(a)(4) of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7431(a)(4)) is amended— ####
(1)by striking “clauses
(i)through (x)” and inserting “clauses
(i)through (xi)”; and ####
(2)by striking “under clause (xi)” and inserting “under clause (xii)”. ###
(u)Additional Repeal Section 4 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5543) is repealed.
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