```

[House Report 114-620]
[From the U.S. Government Publishing Office]

114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-620

======================================================================
 
    NETWORKING AND INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT 
                       MODERNIZATION ACT OF 2016

                                _______
                                

 June 13, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Smith of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 5312]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 5312) to amend the High-Performance 
Computing Act of 1991 to authorize activities for support of 
networking and information technology research, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     6
Explanation of Amendments........................................     9
Committee Consideration..........................................    10
Application of Law to the Legislative Branch.....................    10
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    10
Statement of General Performance Goals and Objectives............    10
Duplication of Federal Programs..................................    10
Disclosure of Directed Rule Makings..............................    10
Federal Advisory Committee Act...................................    10
Unfunded Mandate Statement.......................................    10
Earmark Identification...........................................    11
Committee Estimate...............................................    11
Budget Authority and Congressional Budget Office Cost Estimate...    11
Changes in Existing Law Made by the Bill as Reported.............    12

                     Committee Statement and Views

                          PURPOSE AND SUMMARY

    The purpose of H.R. 5312 is to advance America's networking 
and information technology research and development by updating 
the High-Performance Computing Act of 1991. H.R. 5312 
establishes a strategic planning, coordination, and review 
process for the Networking and Information Technology Research 
and Development Program (NITRD) investment portfolio with 
metrics and objectives. The bill also improves communication 
among Federal government agencies and laboratories with 
industry and academia through an expert advisory council, 
steering groups, and workshops to explore mechanisms for 
carrying out collaborative research and development activities, 
such as in data analytics, privacy protection, and human-
computer interaction and systems. Further, the bill focuses the 
NITRD portfolio on large-scale, long-term, interdisciplinary 
research with the potential to make breakthroughs for society 
and U.S. competitiveness, including R&D on cyber-physical 
interactions, visualizations, and big data. It also authorizes 
the NITRD. National Coordination Office (NCO). The bill also 
removes outdated sections of the U.S. Code.

                  BACKGROUND AND NEED FOR LEGISLATION

    Advances in networking and information technology continue 
at a rapid pace, leading to an increasing reliance on the 
systems, tools, and services of this ever-growing and ever-
changing domain. Further advances are critical to future 
economic prosperity, health, and security.
    Federal support for research and development (R&D) in 
networking and information technology originally stemmed from 
an interest in and the challenge of developing computers 
capable of addressing complex problems, primarily those focused 
on national security and scientific questions. Today, 
networking and information technology encompasses a broad array 
of technologies from smart phones to digital libraries to cloud 
computing.
    R&D in networking and information technology also provides 
an improving understanding of how to protect essential systems 
and networks that support fundamental sectors of the economy, 
from emergency communications and power grids to air-traffic 
control systems and financial assets. Networking and 
information technology research outcomes can prevent or 
minimize disruptions to critical information infrastructure, 
protect public and private services, and detect and respond to 
threats while mitigating the severity of and assisting in the 
recovery from those threats.

Networking and Information Technology Research and Development Program 
        (NITRD)

    Congress originally authorized the High-Performance 
Computing and Communications Program in the High-Performance 
Computing Act of 1991 (P.L. 102-194), after recognizing that a 
number of Federal agencies had ongoing computing programs 
without a coordinating body. The Act established that 
coordinating body to improve interagency coordination, 
cooperation, and planning among those agencies with high-
performance computing programs.
    In addition, it authorized a multi-agency research effort, 
to accelerate progress in the advancement of computing and 
networking technologies and to support leading edge 
computational research in a range of science and engineering 
fields. The law established a set of mechanisms and procedures 
to provide for the interagency planning, coordination, and 
budgeting of the research and development activities carried 
out under the Program. The Act has since been amended through 
the Next Generation Internet Research Act of 1998 and the 
America COMPETES Act of 2007.
    Reconstituted as NITRD in the George W. Bush 
Administration, the Program is the main Federal R&D investment 
portfolio in networking, computing, software, cyber security, 
and related information technologies. NITRD coordinates this 
unclassified R&D across 21 Federal agencies. Additional 
agencies that do not contribute funding also participate in 
NITRD planning activities.
    NITRD has played a role in several important technological 
advances including the computational decoding of the human 
genome; modeling and simulation of complex physical systems 
(aircraft, automobiles, power grids, and pharmaceuticals); 
unmanned aerial vehicles; search-and-rescue robots; and 
computer-based education and training.
    The President's National Science and Technology Council 
(NSTC) Subcommittee on NITRD is the internal deliberative 
organization for NITRD policy, program, and budget guidance.\1\ 
NITRD research activities are currently organized in ten 
Program Component Areas (PCAs). The PCAs also align the NITRD 
program budget categories.\2\ NITRD research areas and 
activities shift regularly as the networking and information 
technology field creates and develops new R&D challenges.
---------------------------------------------------------------------------
    \1\About the Subcommittee on Networking and Information Technology 
Research and Development (NITRD Subcommittee), http://www.nitrd.gov/
subcommittee/program.aspx 
    \2\NITRD Program PCA Definitions, http://www.nitrd.gov/
subcommittee/pca-definitions.aspx 
---------------------------------------------------------------------------
    The NITRD National Coordination Office (NCO) provides staff 
support for the NITRD Program. The NCO provides program and 
financial management services, technical and subject matter 
expertise in facilitation, strategic planning, technical 
writing, and administrative staff support for the NSTC NITRD 
Subcommittee and other NITRD subgroups. The National Science 
Foundation (NSF) serves as the host agency for the NCO.\3\
---------------------------------------------------------------------------
    \3\About the Subcommittee on Networking and Information Technology 
Research and Development (NITRD Subcommittee), http://www.nitrd.gov/
subcommittee/program.aspx
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    On October 28, 2015, the Research and Technology 
Subcommittee of the House Committee on Science, Space, and 
Technology held a hearing entitled, ``A Review of the 
Networking and Information Technology Research and Development 
(NITRD) Program.'' Witnesses included: Dr. Keith Marzullo, 
Director, NITRD National Coordination Office; Dr. Gregory D. 
Hager, Mandell Bellmore Professor, Department of Computer 
Science, Johns Hopkins University and Co-Chair, NITRD Working 
Group, The President's Council of Advisors on Science and 
Technology; and Dr. Edward Seidel, Director, National Center 
for Supercomputing Applications, University of Illinois at 
Urbana-Champaign.
    On May 24, 2016, the Committee marked up a Committee Print 
of the ``Networking and Information Technology Research and 
Development Modernization Act of 2016.'' The Committee Print as 
amended was approved by voice vote by the Committee, then 
introduced by Rep. Darin LaHood with Rep. Eddie Bernice 
Johnson, Rep. Lamar Smith, Rep. Daniel Lipinski, Rep. Frank 
Lucas, Rep. Barbara Comstock, Rep. John Moolenaar, and Rep. 
Ralph Lee Abraham as H.R. 5312 later that day and referred to 
the Committee on Science, Space, and Technology.
    On May 25, 2016, the Committee on Science, Space, and 
Technology met to order H.R. 5312 reported by voice vote.

                            COMMITTEE VIEWS

Program planning and coordination

    The Committee believes that while the NITRD Program has 
been successful in coordinating networking and information 
technology R&D activities across the Federal government, the 
continued success and strength of the Program depends on the 
willingness of all relevant agencies to be fully engaged in the 
Program and on the collaboration of agencies and laboratories 
with industry and academia.

Strategic plan

    The Committee expects the strategic plan to be a useful 
guide for setting Program priorities, estimating time frames 
for reaching Program objectives, and establishing metrics for 
assessing progress and successes. The Committee intends for the 
development of the plan to be informed by the research 
capabilities, contributions, and needs of industry and academia 
and expects the NCO to actively solicit stakeholder input 
through meetings, requests for information, and other 
appropriate means.

Research in areas of national importance

    The Committee encourages the NITRD agencies to continue to 
identify a limited number of critical, focused research and 
development areas for which large-scale, multi-agency projects 
or activities would be appropriate and that have the potential 
to provide the most significant contributions to national 
economic competitiveness. These areas may be high-risk basic 
research opportunities that have the potential to be 
transformative and therefore justify the investment and risk.
    The NITRD agencies collectively are responsible for 
selecting these ``Grand Challenges'' research areas to pursue, 
with advice from the NITRD Advisory Committee. The Science 
Committee intends that the areas selected have relevance to the 
mission responsibilities of more than one agency so that the 
level of resources provided will enable multiple projects and a 
variety of modes of research to be supported, including 
multiple investigator awards and interdisciplinary research 
centers.

Cyber-physical systems

    Computer-driven systems connected with the physical world--
also called embedded, engineered, or cyber-physical systems 
(CPS)--are already in use, but growing need and demand for new 
capabilities and applications continue to require significant 
technical advances. Such visionary systems will be data and 
processing intensive and costly to design and test. The 
Committee encourages continued research on CPS development.

Big data

    The Committee encourages big data science and engineering 
research that would focus on advancing the management, 
analysis, visualization, and extraction of useful information 
from large, diverse, distributed, and heterogeneous data sets.

High performance computing

    Instances in this bill where the term ``networking and 
information technology'' is substituted for ``high-performance 
computing'' in the existing code reflect how the Program set up 
by the High Performance Computing Act of 1991 has grown to 
encompass more than just computing. While high-performance 
computing is still an important piece of what the NITRD Program 
supports and coordinates, the updated terminology is intended 
to capture the entire spectrum of advanced computing and 
networking research coordinated by the Program without 
diminishing any part of it.
    In addition, instances in this bill where the term ``high-
end computing'' is substituted for ``high-performance 
computing'' in the existing code represent a focus on the 
subfield of advanced computing on the cutting-edge of what is 
possible. Instead of primarily focusing on increasing processor 
speed, the term ``high-end computing'' is meant to include new 
hardware, storage, software, and network capabilities.

NITRD Advisory Committee

    The NITRD Advisory Committee was originally established by 
P.L. 102-194 to review, assess, and make recommendations 
regarding the administration, priorities, and content of the 
Program. This function is currently assigned by the President 
to the President's Council of Advisors on Science and 
Technology (PCAST). The Science Committee recognizes the 
benefits of having a direct pathway for providing advice to the 
President on national technology issues, scientific research 
priorities, and math and science education. Consequently, the 
Science Committee has specified that each NITRD Advisory 
Committee chair under PCAST must meet the same expertise 
criteria as the Advisory Committee membership and may also be a 
member of PCAST. The Science Committee expects each chair, if 
more than one, to come from different sectors of the networking 
and information technology community. The Science Committee 
further expects that any expert committee established under 
PCAST to review NITRD have an open line of communication with 
PCAST to ensure full sharing of concerns and questions in both 
directions.
    The Science Committee expects the NITRD Advisory Committee 
to provide recommendations on the content of the strategic plan 
and to make recommendations for areas of research to be pursued 
by the NITRD agencies. The Science Committee has changed the 
reporting requirements of the NITRD Advisory Committee from two 
years to three years and expects the NITRD NSTC Subcommittee to 
take into consideration information and recommendations from 
the NITRD Advisory Committee to inform the strategic plan. In 
addition, the Committee encourages the NITRD Advisory Committee 
to consult with subject matter experts in instances when 
sufficient expertise does not exist on the Advisory Committee 
and to convene public meetings to gather information from all 
interested parties regarding R&D in order to assist it in its 
assessments of the priorities and content of the Program.

NIT workforce needs

    The Committee recognizes that the demand for new and 
existing information technology employees in the United States 
will continue to grow and, as such, encourages efforts to 
increase the number of American information technology 
graduates at all degree levels.

                           Section-by-Section

Section 1. Short title

    This section establishes the short title of the bill as the 
``Networking and Information Technology Research and 
Development Modernization Act of 2016.''

Section 2. Purposes

    This section updates Section 3 of the underlying Act by 
striking ``high-performance computing'' and inserting 
``networking and information technology'' or ``high-end 
computing,'' as appropriate, in instances where it appears.

Section 3. Definitions

    This section updates Section 4 of the underlying Act by 
defining ``cyber-physical systems,'' ``high-end computing,'' 
and ``networking and information technology.'' This section 
also changes the ``National High-Performance Computing 
Program'' to the ``Networking and Information Technology 
Research and Development Program.''

Section 4. Title I heading

    This section updates title I of the underlying Act by 
striking ``High-Performance Computing'' and inserting 
``Networking and Information Technology.''

Section 5. Networking and Information Technology Research and 
        Development Program

    This section requires the NITRD Program to periodically 
assess the Program agency contents and funding levels and to 
update the Program accordingly.
    Requires the NITRD Program agencies to develop and 
periodically update (at 5-year intervals) a strategic plan for 
the Program agencies. Describes the characteristics and content 
of the strategic plan, including how the Program will foster 
technology transfer; encourage innovative, large-scale, and 
interdisciplinary research; address long-term challenges of 
national importance; emphasize innovative and high-risk 
projects; and strengthen information technology education and 
the IT workforce.
    Encourages a more active role for the Office of Science and 
Technology Policy (OSTP) in ensuring that the strategic plan is 
developed and executed effectively and that the objectives of 
the Program are met.
    Provides for the OSTP Director to establish goals and 
priorities for Federal information technology education.
    Ensures that the NITRD Advisory Committee retains the 
necessary breadth and depth of expertise in networking and 
information technology fields, provides guidance on the 
Committee's chairs, and allows that it may be linked to the 
President's Council of Advisors on Science and Technology.
    Specifies that the annual report now required for the NITRD 
Program explicitly provides, as appropriate, a list of the 
senior steering groups and strategic plans that are planned or 
underway. In addition, the annual report should provide: a 
description of workshops and other activities conducted; a 
detailed description of the nature and scope of research 
infrastructure designated as such under the Program; the levels 
of Federal funding for each agency and department participating 
in the Program; a description of how the objectives for each 
Program Component Area relate to the objectives of the Program 
identified in the strategic plan; and a description of funding 
required by the National Coordination Office.
    Incorporates ``networking and information technology'' and 
``high-end computing'' terminology.

Section 6. National Coordination Office

    This section strikes Section 102 of underlying Act and 
replaces it with new language that formally codifies the 
existing National Coordination Office, delineates the office's 
roles and responsibilities, and specifies the source of funding 
for the office, consistent with current practice.

Section 7. Next generation Internet

    This section strikes Section 103 of the underlying Act.

Section 8. Grand challenges in areas of national importance

    This section provides language for a new Section 103 of the 
Act, which authorizes NITRD agencies to support large-scale, 
long-term, interdisciplinary research with the potential to 
make significant contributions to society and U.S. economic 
competitiveness and to encourage collaboration between at least 
two agencies as well as cost-sharing from non-Federal sources. 
Characteristics of the projects supported include: 
collaborations among researchers in institutions of higher 
education, industry, non-profit research institutions, and 
Federal laboratories; leveraging of Federal investments through 
collaboration with related state initiatives, when possible; 
and plans for fostering technology transfer.
    Authorizes support of activities under this section through 
existing interdisciplinary research centers that are organized 
to investigate basic research questions and carry out 
technology demonstration activities.

Section 9. Workshops and senior steering group.

    This section provides language for a new section 104 of the 
Act, which gives the OSTP Director the option to conduct 
workshops and other activities on research areas of emerging 
importance with participants from institutions of higher 
education, Federal laboratories, and industry, in order to help 
guide Program investments and strategic planning.
    States that in selecting research areas, the OSTP Director 
shall consider the following topics: data analytics to identify 
the current and future state of performing inference, 
prediction, and other forms of analysis of data, and methods 
for the collection, management, preservation and use of data; 
the current and future state of the science, engineering, 
policy, and social understanding of privacy protection; and the 
current and future state of fundamental research on the systems 
and science of interplay of people and computing, as well as 
the coordination and support being undertaken in areas such as 
social computing, human-robot interaction, health IT, and 
privacy.
    States that the participants in the workshops shall: 
develop options for models of research and development 
partnerships among institutions of higher education, Federal 
laboratories, and industry, including mechanisms for the 
support of research and development carried out under these 
partnerships; develop options for research and development for 
the specific issue areas that would be addressed through such 
partnerships; propose guidelines for assigning intellectual 
property rights and for the transfer of research results to the 
private sector; and make recommendation for how Federal 
agencies participating in the Program can help support research 
and development partnerships for specific issue areas.
    States that the OSTP Director shall ensure that all 
participants in the workshops are individuals with knowledge 
and expertise in specific issue areas and represent a broad mix 
of relevant stakeholders, including academic researchers, 
industry, and Federal agencies.
    States that the OSTP Director shall establish senior 
steering groups and develop focused strategic plans to 
coordinate and guide activities under the research areas, 
taking into the consideration the findings and recommendations 
from any workshops carried out on those research topics.

Section 10. National Science Foundation activities

    This section amends Section 201 of the underlying Act by 
eliminating outdated authorizations of appropriations and 
incorporating ``high-end computing'' and ``networking and 
information technology'' terminology.
    Provides for NSF to use its existing programs, in 
collaboration with other agencies, as appropriate, to improve 
the teaching and learning of information technology science at 
all levels of education and to increase participation in IT 
fields.

Section 11. National Aeronautics and Space Administration activities

    This section amends Section 202 of the underlying Act by 
eliminating outdated authorizations of appropriations and 
incorporating ``networking and information technology'' 
terminology.

Section 12. Department of Energy activities

    This section amends Section 203 of the underlying Act by 
eliminating outdated authorizations of appropriations and 
incorporating ``networking and information technology'' and 
``high-end computing'' terminology.

Section 13. Department of Commerce activities

    This section amends Section 204 of the underlying Act by 
eliminating outdated authorizations of appropriations and 
incorporating ``networking and information technology'' 
terminology. Further, it removes references to the outdated 
Computer Security Act of 1987.

Section 14. Environmental Protection Agency activities

    This section amends Section 205 of the underlying Act by 
eliminating outdated authorizations of appropriations and 
incorporating ``networking and information technology'' 
terminology.
    Provides that the Environmental Protection Agency (EPA) 
will make publically available all software and code developed 
under the Program and used in conducting scientific research, 
except in cases where that software or code is proprietary or 
contains confidential business information, in which case, the 
EPA shall disclose only the name and vendor.
    Provides that the EPA shall ensure that there is no 
duplication of research and initiatives, and that no EPA funds 
shall be used toward research that duplicates the scope or aims 
of similar research and initiatives at other Federal agencies.

Section 15. Role of the Department of Education

    This section amends Section 206 of the underlying Act by 
eliminating outdated authorizations of appropriations.
    Ensure that the Department of Education is supporting 
programs and activities that improve teaching and learning in 
information technology fields as well as contribute to the 
development of a skilled IT workforce.

Section 16. Miscellaneous provisions

    This section amends Section 207(b) of the underlying Act by 
incorporating ``networking and information technology.''

Section 17. Repeal

    This section repeals Section 208 of the underlying Act.

Section 18. Additional repeal

    This section repeals Section 4 of the Department of Energy 
High-End Computing Revitalization Act of 2004 as it includes 
outdated authorizations of appropriations.

                       Explanation of Amendments

    When the Committee marked up the Committee print of the 
bill on May 24, 2016, the Committee accepted by voice vote two 
amendments. The first amendment was the manager's amendment 
offered by Rep. Lamar Smith which made minor and technical 
changes. The second amendment was offered by Rep. Daniel 
Lipinski, which provided for a research framework for IT and 
physical infrastructure integration as part of the NITRD 
Program.

                        Committee Consideration

    On May 25, 2016, the Committee met in open session and 
ordered reported favorably the bill, H.R. 5312, by voice vote, 
a quorum being present.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill would update the High-Performance Computing Act of 
1991. As such this bill does not relate to employment or access 
to public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    H.R. 5312, the Networking and Information Technology 
Research and Development Modernization Act of 2016, would 
update the High-Performance Computing Act of 1991.

                    Duplication of Federal Programs

    No provision of H.R. 5312 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 5312 does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 5312 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 5312. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 5312 from the Director of 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 10, 2016.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5312, the 
Networking and Information Technology Research and Development 
Modernization Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Marin 
Burnett.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 5312--Networking and Information Technology Research and 
        Development Modernization Act of 2016

    H.R. 5312 would amend the High-Performance Computing Act of 
1991 to rename the National High-Performance Computing Program 
as the Networking and Information Technology Research and 
Development Program (NITRD). That program is a multiagency 
research and development program dedicated to advancing 
information technologies, high-performance computing, and 
software. The legislation would direct agencies participating 
in NITRD to focus on further development of high-performance 
computing and networking.
    Based on budgetary information from the agencies 
participating in NITRD, it appears that the program's research 
focus is already shifting to those areas specified in the 
legislation. Therefore, CBO estimated that implementing the 
bill would not have a significant effect on the federal budget 
(In 2015, agency budgets for those activities totaled about 
$4.3 billion.)
    Enacting H.R. 5312 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 5312 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 5312 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Marin Burnett. 
The estimate was approved by H. Samuel Papenfuss, Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic and existing law in which no change 
is proposed is shown in roman):

HIGH-PERFORMANCE COMPUTING ACT OF 1991

           *       *       *       *       *       *       *

SEC. 3. PURPOSES.

   The purposes of this Act are to help ensure the continued 
leadership of the United States in [high-performance computing] 
networking and information technology and its applications by--
          (1) [expanding Federal support for research, 
        development, and application of high-performance 
        computing] supporting Federal research, development, 
        and application of networking and information 
        technology in order to--
                  (A) expand the number of researchers, 
                educators, and students with training in [high-
                performance computing] networking and 
                information technology and access to [high-
                performance computing] networking and 
                information technology resources;
                  (B) promote the further development of an 
                information infrastructure of data bases, 
                services, access mechanisms, and research 
                facilities available for use through the 
                Internet;
                  [(C) stimulate research on software 
                technology;
                  [(D) promote the more rapid development and 
                wider distribution of computing software tools 
                and applications software;]
                  (C) stimulate research on and promote more 
                rapid development of high-end computing systems 
                software and applications software;
                  [(E)] (D) accelerate the development of high-
                end computing systems and subsystems;
                  [(F)] (E) provide for the application of 
                [high-performance computing] networking and 
                information technology to Grand Challenges;
                  [(G)] (F) invest in basic research and 
                education, and promote the inclusion of [high-
                performance computing] networking and 
                information technology into educational 
                institutions at all levels; and
                  [(H)] (G) promote greater collaboration among 
                government, Federal laboratories, industry, 
                [high-performance] high-end computing centers, 
                and universities;
          (2) improving the interagency planning and 
        coordination of Federal research and development on 
        [high-performance computing and] networking and 
        information technology and maximizing the effectiveness 
        of the Federal Government's [high-performance computing 
        network] networking and information technology research 
        and development programs;
          (3) promoting the more rapid development and wider 
        distribution of networking management and development 
        tools; and
          (4) promoting the rapid adoption of open network 
        standards.

SEC. 4. DEFINITIONS.

   As used in this Act, the term--
          (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 
        perform monitoring and control functions;
          [(1)] (2) ``Director'' means the Director of the 
        Office of Science and Technology Policy;
          [(2)] (3) ``Grand Challenge'' means a fundamental 
        problem in science or engineering, with broad economic 
        and scientific impact, whose solution will require the 
        application of [high-performance computing] networking 
        and information technology resources and 
        multidisciplinary teams of researchers;
          [(3) ``high-performance computing'' means advanced 
        computing, communications, and information 
        technologies, including supercomputer systems, high-
        capacity and high-speed networks, special purpose and 
        experimental systems, applications and systems 
        software, and the management of large data sets;]
          (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;
          [(4)] (5) ``Internet'' means the international 
        computer network of both Federal and non-Federal 
        interoperable data networks;
          [(5) ``Network'' means a computer network referred to 
        as the National Research and Education Network 
        established under section 102;]
          (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;
          [(6)] (7) ``Program'' means the [National High-
        Performance Computing Program] Networking and 
        Information Technology Research and Development Program 
        described in section 101; and
          [(7)] (8) ``Program Component Areas'' means the major 
        subject areas under which related individual projects 
        and activities carried out under the Program are 
        grouped.

   TITLE I--[HIGH-PERFORMANCE COMPUTING] NETWORKING AND INFORMATION 
                  TECHNOLOGY RESEARCH AND DEVELOPMENT

SEC. 101. [NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM]  NETWORKING AND 
                    INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT 
                    PROGRAM.

  (a)  [National High-Performance Computing Program] Networking 
and Information Technology Research and Development.--(1) The 
President shall implement a [National High-Performance 
Computing Program] Networking and Information Technology 
Research and Development Program, which shall--
          (A) provide for long-term basic and applied research 
        on [high-performance computing, including networking] 
        networking and information technology;
          (B) provide for research and development on, and 
        demonstration of, technologies to advance the capacity 
        and capabilities of [high-performance] high-end 
        computing and networking systems, and related software;
          (C) provide for sustained access by the research 
        community throughout the United States to [high-
        performance computing and networking] 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 widely dispersed efforts to increase 
        software availability, productivity, capability, 
        security, portability, and reliability;]
          (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 demonstration of, advanced 
        applications enabled by such networks;
          (F) provide for computational science and engineering 
        research on mathematical modeling and algorithms for 
        applications in all fields of science and engineering;
          (G) provide for the technical support of, and 
        research and development on, [high-performance] high-
        end computing systems and software required to address 
        Grand Challenges;
          (H) provide support and guidance for educating and 
        training additional undergraduate and graduate students 
        in software engineering, computer science, computer and 
        network security, applied mathematics, library and 
        information science, and computational science; [and]
          (I) provide for [improving the security] improving 
        the security, reliability, and resilience of computing 
        and networking systems, including Federal systems, 
        including providing for research required to establish 
        security standards and practices for these systems[.];
          (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; and
          (M) provide for a research framework to leverage 
        cyber-physical systems, high capacity and high speed 
        communication networks, and large-scale data analytics 
        to integrate city-scale information technology and 
        physical infrastructures.
  (2) The Director shall--
          [(A) establish the goals and priorities for Federal 
        high-performance computing research, development, 
        networking, and other activities;]
          (A) establish the goals and priorities for Federal 
        networking and information technology 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 
        high-performance computing research, development, 
        networking, and other activities undertaken pursuant to 
        the Program;]
          (C) provide for interagency coordination of Federal 
        networking and information technology research, 
        development, education, and other activities undertaken 
        pursuant to the Program;
          (D) submit to the Congress an annual report, along 
        with the President's annual budget request, describing 
        the implementation of the Program;
          [(E) develop and maintain a research, development, 
        and deployment roadmap covering all States and regions 
        for the provision of high-performance computing and 
        networking systems under paragraph (1)(C); and]
          (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 plan under subsection (e) is 
        developed and executed effectively and that the 
        objectives of the Program are met; and
          (F) consult with academic, State, industry, and other 
        appropriate groups conducting research on and using 
        [high-performance] high-end computing.
  (3) The annual report submitted under paragraph (2)(D) 
shall--
          (A) provide a detailed description of the Program 
        Component Areas, including a description of any changes 
        in the definition of or activities under the Program 
        Component Areas from the preceding report, and the 
        reasons for such changes, and a description of Grand 
        Challenges addressed under the Program;
          (B) provide, as appropriate, a list of the senior 
        steering groups and strategic plans that are planned or 
        underway as addressed under section 104;
          (C) provide a description of workshops and other 
        activities conducted under section 104, including 
        participants and findings;
          (D) provide a detailed description of the nature and 
        scope of research infrastructure designated as such 
        under the Program;
          [(B)] (E) set forth the relevant programs and 
        activities, for the fiscal year with respect to which 
        the budget submission applies, of each Federal agency 
        and department, including--
                  (i) the Department of Agriculture;
                  (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 Security;
                  [(vii)] (viii) the Department of the 
                Interior;
                  [(viii)] (ix) the Environmental Protection 
                Agency;
                  [(ix)] (x) the National Aeronautics and Space 
                Administration;
                  [(x)] (xi) the National Science Foundation; 
                and
                  [(xi)] (xii) such other agencies and 
                departments as the President or the Director 
                considers appropriate;
          [(C)] (F) describe the levels of Federal funding for 
        the fiscal year during which such report [is 
        submitted,] 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, for [each Program Component Area;] each 
        Program Component Area and research area supported in 
        accordance with section 103;
          [(D) 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 
        during which such report is submitted, and the levels 
        proposed for the fiscal year with respect to which the 
        budget submission applies; and]
          (G) 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 
        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;
          (H) 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 plan required under 
        subsection (e);
          (I) include--
                  (i) a description of the funding required by 
                the National Coordination Office to perform the 
                functions specified under section 102(b) for 
                the current fiscal year;
                  (ii) a description of the estimated funding 
                required by such Office to perform the 
                functions specified under section 102(b) for 
                the next fiscal year; and
                  (iii) the amount of funding provided for such 
                Office for the current fiscal year by each 
                agency participating in the Program; and
          [(E)] (J) include an analysis of the progress made 
        toward achieving the goals and priorities established 
        for the Program and the extent to which the Program 
        incorporates the recommendations of the advisory 
        committee established under subsection (b).
  (b) Advisory Committee.--(1) The President shall establish an 
advisory committee on [high-performance computing] networking 
and information technology, consisting of geographically 
dispersed non-Federal members, including representatives of the 
research, education, and library communities, network and 
related software providers, and industry representatives in the 
Program Component Areas, who are specially qualified to provide 
the Director with advice and information on [high-performance 
computing] 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 
recommendations of the advisory committee shall be considered 
in reviewing and revising the Program. The advisory committee 
shall provide the Director with an independent assessment of--
          (A) progress made in implementing the Program;
          (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 helping to maintain United 
        States leadership in [high-performance computing, 
        networking technology, and related software] networking 
        and information technology; and
          (E) other issues identified by the Director.
  (2) In addition to the duties outlined in paragraph (1), the 
advisory committee shall conduct periodic evaluations of the 
funding, management, coordination, implementation, and 
activities of the Program. The advisory committee shall report 
not less frequently than once every [2] 3 fiscal years to the 
[Committee on Science and Technology] Committee on Science, 
Space, and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate on its findings and recommendations. [The first report 
shall be due within 1 year after the date of enactment of the 
America COMPETES Act.]
  (3) Section 14 of the Federal Advisory Committee Act shall 
not apply to the advisory committee established under this 
subsection.
  (c) Office of Management and Budget.--(1) Each Federal agency 
and department participating 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 [high-performance 
        computing] networking and information technology 
        activities which contributes directly to the Program 
        Component Areas or benefits from the Program; and
          (B) states the portion of its request for 
        appropriations that is allocated to each such element.
  (2) The Office of Management and Budget shall review each 
such report in light of the goals, priorities, and agency and 
departmental responsibilities set forth in the annual report 
submitted under subsection (a)(2)(D), and shall include, in the 
President's annual budget estimate, a statement of the portion 
of each appropriate agency's or department's annual budget 
estimate relating to its activities undertaken pursuant to the 
Program.
  (d) Periodic Reviews.--The agencies identified in subsection 
(a)(3)(B) shall--
          (1) periodically assess and update, as appropriate, 
        the contents, scope, and funding levels of the Program 
        Component Areas and work through the National Science 
        and Technology Council and with the assistance of the 
        National Coordination Office described under section 
        102 to restructure the Program when warranted, taking 
        into consideration any relevant recommendations of the 
        advisory committee established under subsection (b); 
        and
          (2) working through the National Science and 
        Technology Council and with the assistance of the 
        National Coordination Office described under section 
        102, ensure that the Program includes large-scale, 
        long-term, interdisciplinary research and development 
        activities, including activities described in section 
        103.
  (e) Strategic Plan.--
          (1) In general.--The agencies identified in 
        subsection (a)(3)(B), working through the National 
        Science and Technology Council and with the assistance 
        of the National Coordination Office described under 
        section 102, shall develop, within 12 months after the 
        date of enactment of the Networking and Information 
        Technology Research and Development Modernization Act 
        of 2016, and update every five years thereafter, a 
        five-year strategic plan for the Program.
          (2) Contents.--The strategic plan shall specify near-
        term and long-term cross-cutting objectives for the 
        Program, the anticipated time frame for achieving the 
        near-term objectives, the metrics to be used for 
        assessing progress toward the objectives, and how the 
        Program will--
                  (A) address long-term challenges of national 
                importance for which solutions require large-
                scale, long-term, interdisciplinary research 
                and development;
                  (B) encourage and support mechanisms for 
                interdisciplinary research and development in 
                networking and information technology and for 
                Grand Challenges, including through 
                collaborations across agencies, across Program 
                Component Areas, with industry, with Federal 
                laboratories (as defined in section 4 of the 
                Stevenson-Wydler Technology Innovation Act of 
                1980 (15 U.S.C. 3703)), and with international 
                organizations;
                  (C) foster the 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;
                  (D) provide for cyberinfrastructure needs, as 
                appropriate, across federally funded large-
                scale research facilities that produce or will 
                produce large amounts of data that will need to 
                be stored, curated, and made publicly 
                available;
                  (E) strengthen all levels of networking and 
                information technology education and training 
                programs to ensure an adequate, well-trained 
                workforce; and
                  (F) attract individuals identified in 
                sections 33 and 34 of the Science and 
                Engineering Equal Opportunities Act (42 U.S.C. 
                1885a and 1885b) to networking and information 
                technology fields.
          (3) Recommendations.--The entities involved in 
        developing the strategic plan under paragraph (1) shall 
        take into consideration the recommendations--
                  (A) of the advisory committee established 
                under subsection (b);
                  (B) of the Committee on Science and relevant 
                subcommittees of the National Science and 
                Technology Council; and
                  (C) of the stakeholders whose input was 
                solicited by the National Coordination Office, 
                as required under section 102(b)(3).
          (4) Report to congress.--The Director of the National 
        Coordination Office shall transmit the strategic plan 
        required under paragraph (1) to the advisory committee, 
        the Committee on Science, Space, and Technology of the 
        House of Representatives, and the Committee on 
        Commerce, Science, and Transportation of the Senate.

[SEC. 102. NATIONAL RESEARCH AND EDUCATION NETWORK.

  [(a) Establishment.--As part of the Program, the National 
Science Foundation, the Department of Defense, the Department 
of Energy, the Department of Commerce, the National Aeronautics 
and Space Administration, and other agencies participating in 
the Program shall support the establishment of the National 
Research and Education Network, portions of which shall, to the 
extent technically feasible, be capable of transmitting data at 
one gigabit per second or greater by 1996. The Network shall 
provide for the linkage of research institutions and 
educational institutions, government, and industry in every 
State.
  [(b) Access.--Federal agencies and departments shall work 
with private network service providers, State and local 
agencies, libraries, educational institutions and 
organizations, and others, as appropriate, in order to ensure 
that the researchers, educators, and students have access, as 
appropriate, to the Network. The Network is to provide users 
with appropriate access to high-performance computing systems, 
electronic information resources, other research facilities, 
and libraries. The Network shall provide access, to the extent 
practicable, to electronic information resources maintained by 
libraries, research facilities, publishers, and affiliated 
organizations.
  [(c) Network Characteristics.--The Network shall--
          [(1) be developed and deployed with the computer, 
        telecommunications, and information industries;
          [(2) be designed, developed, and operated in 
        collaboration with potential users in government, 
        industry, and research institutions and educational 
        institutions;
          [(3) be designed, developed, and operated in a manner 
        which fosters and maintains competition and private 
        sector investment in high-speed data networking within 
        the telecommunications industry;
          [(4) be designed, developed, and operated in a manner 
        which promotes research and development leading to 
        development of commercial data communications and 
        telecommunications standards, whose development will 
        encourage the establishment of privately operated high-
        speed commercial networks;
          [(5) be designed and operated so as to ensure the 
        continued application of laws that provide network and 
        information resources security measures, including 
        those that protect copyright and other intellectual 
        property rights, and those that control access to data 
        bases and protect national security;
          [(6) have accounting mechanisms which allow users or 
        groups of users to be charged for their usage of 
        copyrighted materials available over the Network and, 
        where appropriate and technically feasible, for their 
        usage of the Network;
          [(7) ensure the interoperability of Federal and non-
        Federal computer networks, to the extent appropriate, 
        in a way that allows autonomy for each component 
        network;
          [(8) be developed by purchasing standard commercial 
        transmission and network services from vendors whenever 
        feasible, and by contracting for customized services 
        when not feasible, in order to minimize Federal 
        investment in network hardware;
          [(9) support research and development of networking 
        software and hardware; and
          [(10) serve as a test bed for further research and 
        development of high-capacity and high-speed computing 
        networks and demonstrate how advanced computers, high-
        capacity and high-speed computing networks, and data 
        bases can improve the national information 
        infrastructure.
  [(d) Defense Advanced Research Projects Agency 
Responsibility.--As part of the Program, the Department of 
Defense, through the Defense Advanced Research Projects Agency, 
shall support research and development of advanced fiber optics 
technology, switches, and protocols needed to develop the 
Network.
  [(e) Information Services.--The Director shall assist the 
President in coordinating the activities of appropriate 
agencies and departments to promote the development of 
information services that could be provided over the Network. 
These services may include the provision of directories of the 
users and services on computer networks, data bases of 
unclassified Federal scientific data, training of users of data 
bases and computer networks, access to commercial information 
services for users of the Network, and technology to support 
computer-based collaboration that allows researchers and 
educators around the Nation to share information and 
instrumentation.
  [(f) Use of Grant Funds.--All Federal agencies and 
departments are authorized to allow recipients of Federal 
research grants to use grant moneys to pay for computer 
networking expenses.
  [(g) Report to Congress.--Within one year after the date of 
enactment of this Act, the Director shall report to the 
Congress on--
          [(1) effective mechanisms for providing operating 
        funds for the maintenance and use of the Network, 
        including user fees, industry support, and continued 
        Federal investment;
          [(2) the future operation and evolution of the 
        Network;
          [(3) how commercial information service providers 
        could be charged for access to the Network, and how 
        Network users could be charged for such commercial 
        information services;
          [(4) the technological feasibility of allowing 
        commercial information service providers to use the 
        Network and other federally funded research networks;
          [(5) how to protect the copyrights of material 
        distributed over the Network; and
          [(6) appropriate policies to ensure the security of 
        resources available on the Network and to protect the 
        privacy of users of networks.]

SEC. 102. NATIONAL COORDINATION OFFICE.

  (a) Office.--The Director shall maintain a National 
Coordination Office with a Director and full-time staff.
  (b) Functions.--The National Coordination Office shall--
          (1) provide technical and administrative support to--
                  (A) the agencies participating in planning 
                and implementing the Program, including such 
                support as needed in the development of the 
                strategic plan under section 101(e); and
                  (B) the advisory committee established under 
                section 101(b), as appropriate;
          (2) serve as the primary point of contact on Federal 
        networking and information technology activities for 
        government organizations, academia, industry, 
        professional societies, State computing and networking 
        technology programs, interested citizen groups, and 
        others to exchange technical and programmatic 
        information;
          (3) solicit input and recommendations from a wide 
        range of stakeholders during the development of each 
        strategic plan required under section 101(e) and the 
        scope of the Program Component Areas through the 
        convening of at least one workshop with invitees from 
        academia, industry, Federal laboratories, and other 
        relevant organizations and institutions;
          (4) conduct and increase outreach, including to 
        academia, industry, other relevant organizations and 
        institutions, and the public, in order to increase 
        awareness of the Program and the benefits of the 
        Program and to increase potential opportunities for 
        collaboration between agencies participating in the 
        Program and the private sector; and
          (5) promote access to and early application of the 
        technologies, innovations, and expertise derived from 
        Program activities to agency missions and systems 
        across the Federal Government and to United States 
        industry.
  (c) Source of Funding.--
          (1) In general.--The operation of the National 
        Coordination Office shall be supported by funds from 
        each agency participating in the Program.
          (2) Specifications.--The portion of the total budget 
        of such Office that is provided by each agency for each 
        fiscal year shall be in the same proportion as each 
        such agency's share of the total budget for the Program 
        for the previous fiscal year, as specified in the 
        report required under section 101(a)(3).
          (3) Waiver.--As appropriate, the Director may 
        consider and approve a reduction or waiver of an agency 
        contribution requirement under paragraph (2).

[SEC. 103. NEXT GENERATION INTERNET.

  [(a) Establishment.--The National Science Foundation, the 
Department of Energy, the National Institutes of Health, the 
National Aeronautics and Space Administration, and the National 
Institute of Standards and Technology may support the Next 
Generation Internet program. The objectives of the Next 
Generation Internet program shall be to--
          [(1) support research, development, and demonstration 
        of advanced networking technologies to increase the 
        capabilities and improve the performance of the 
        Internet;
          [(2) develop an advanced testbed network connecting a 
        significant number of research sites, including 
        universities, Federal research institutions, and other 
        appropriate research partner institutions, to support 
        networking research and to demonstrate new networking 
        technologies; and
          [(3) develop and demonstrate advanced Internet 
        applications that meet important national goals or 
        agency mission needs, and that are supported by the 
        activities described in paragraphs (1) and (2).
  [(b) Duties of Advisory Committee.--The President's 
Information Technology Advisory Committee (established pursuant 
to section 101(b) by Executive Order No. 13035 of February 11, 
1997 (62 F.R. 7131), as amended by Executive Order No. 13092 of 
July 24, 1998), in addition to its functions under section 
101(b), shall--
          [(1) assess the extent to which the Next Generation 
        Internet program--
                  [(A) carries out the purposes of this Act; 
                and
                  [(B) addresses concerns relating to, among 
                other matters--
                          [(i) geographic penalties (as defined 
                        in section 7(1) of the Next Generation 
                        Internet Research Act of 1998);
                          [(ii) the adequacy of access to the 
                        Internet by Historically Black Colleges 
                        and Universities, Hispanic Serving 
                        Institutions, and small colleges and 
                        universities (whose enrollment is less 
                        than 5,000) and the degree of 
                        participation of those institutions in 
                        activities described in subsection (a); 
                        and
                          [(iii) technology transfer to and 
                        from the private sector;
          [(2) review the extent to which the role of each 
        Federal agency and department involved in implementing 
        the Next Generation Internet program is clear and 
        complementary to, and non-duplicative of, the roles of 
        other participating agencies and departments;
          [(3) assess the extent to which Federal support of 
        fundamental research in computing is sufficient to 
        maintain the Nation's critical leadership in this 
        field; and
          [(4) make recommendations relating to its findings 
        under paragraphs (1), (2), and (3).
  [(c) Reports.--The Advisory Committee shall review 
implementation of the Next Generation Internet program and 
shall report, not less frequently than annually, to the 
President, the Committee on Commerce, Science, and 
Transportation, the Committee on Appropriations, and the 
Committee on Armed Services of the Senate, and the Committee on 
Science, the Committee on Appropriations, and the Committee on 
Armed Services of the House of Representatives on its findings 
and recommendations for the preceding fiscal year. The first 
such report shall be submitted 6 months after the date of the 
enactment of the Next Generation Internet Research Act of 1998 
and the last report shall be submitted by September 30, 2000.
  [(d) Authorization of Appropriations.--There are authorized 
to be appropriated for the purposes of this section--
          [(1) for the Department of Energy, $22,000,000 for 
        fiscal year 1999 and $25,000,000 for fiscal year 2000;
          [(2) for the National Science Foundation, $25,000,000 
        for fiscal year 1999 and $25,000,000 for fiscal year 
        2000, as authorized in the National Science Foundation 
        Authorization Act of 1998;
          [(3) for the National Institutes of Health, 
        $5,000,000 for fiscal year 1999 and $7,500,000 for 
        fiscal year 2000;
          [(4) for the National Aeronautics and Space 
        Administration, $10,000,000 for fiscal year 1999 and 
        $10,000,000 for fiscal year 2000; and
          [(5) for the National Institute of Standards and 
        Technology, $5,000,000 for fiscal year 1999 and 
        $7,500,000 for fiscal year 2000.
Such funds may not be used for routine upgrades to existing 
federally funded communication networks.]

SEC. 103. GRAND CHALLENGES IN AREAS OF NATIONAL IMPORTANCE.

  (a) In General.--The Program shall encourage agencies 
identified in section 101(a)(3)(E) to support large-scale, 
long-term, interdisciplinary 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) involve collaborations among researchers 
                in institutions of higher education and 
                industry, and may involve nonprofit research 
                institutions and Federal laboratories, as 
                appropriate;
                  (C) 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.
          (3) Agency collaboration.--If two or more agencies 
        identified in section 101(a)(3)(E), or other 
        appropriate agencies, are working on large-scale 
        networking and information technology research and 
        development activities in the same area of national 
        importance, then such agencies shall strive to 
        collaborate through joint solicitation and selection of 
        applications for support and subsequent funding of 
        projects.
          (4) Interdisciplinary research centers.--Research and 
        development activities under this section may be 
        supported through interdisciplinary research centers 
        that are organized to investigate basic research 
        questions and carry out technology demonstration 
        activities in areas described in subsection (a). 
        Research may be carried out through existing 
        interdisciplinary centers.

SEC. 104. ADDRESSING EMERGING ISSUES.

  (a) In General.--In order to address emerging issues, the 
Director of the National Coordination Office may conduct 
workshops and other activities on research areas of emerging 
importance, which may include the grand challenge areas 
identified under section 103, with participants from 
institutions of higher education, Federal laboratories, and 
industry, in order to help guide Program investments and 
strategic planning in those areas, including areas identified 
in subsection (b).
  (b) Focus Areas.--In selecting research areas under 
subsection (a), the Director of the National Coordination 
Office shall consider the following topics:
          (1) Data analytics to identify the current and future 
        state of performing inference, prediction, and other 
        forms of analysis of data, and methods for the 
        collection, management, preservation, and use of data.
          (2) The current and future state of the science, 
        engineering, policy, and social understanding of 
        privacy protection.
          (3) The current and future state of fundamental 
        research on the systems and science of the interplay of 
        people and computing as well as the coordination and 
        support being undertaken in areas such as social 
        computing, human-robot interaction, privacy, and 
        health-related aspects in human-computer systems.
  (c) Functions.--The participants in the workshops shall, as 
appropriate--
          (1) develop options for models for research and 
        development partnerships among institutions of higher 
        education, Federal laboratories, and industry, 
        including mechanisms for the support of research and 
        development carried out under these partnerships;
          (2) develop options for research and development for 
        the specific issue areas that would be addressed 
        through such partnerships;
          (3) propose guidelines for assigning intellectual 
        property rights and for the transfer of research 
        results to the private sector; and
          (4) make recommendations for how Federal agencies 
        participating in the Program can help support research 
        and development partnerships for the specific issue 
        areas.
  (d) Participants.--The Director of the National Coordination 
Office shall ensure that the participants in the workshops--
          (1) are individuals with knowledge and expertise in 
        the specific issue areas; and
          (2) represent a broad mix of relevant stakeholders, 
        including academic and industry researchers and, as 
        appropriate, Federal agencies.
  (e) Senior Steering Groups and Strategic Plans.--As 
appropriate, the Director of the National Coordination Office 
shall establish senior steering groups and develop focused 
strategic plans to coordinate and guide activities under the 
research areas identified under this section, taking into 
consideration the findings and recommendations from any 
workshops carried out on those research topics.

                      TITLE II--AGENCY ACTIVITIES

SEC. 201. NATIONAL SCIENCE FOUNDATION ACTIVITIES.

  (a) General Responsibilities.--As part of the Program 
described in title I--
          (1) the National Science Foundation shall provide 
        high-end computing and networking infrastructure 
        support for all science and engineering disciplines, 
        and support basic research and human resource 
        development in all aspects of [high-performance 
        computing and advanced high-speed computer networking;] 
        networking and information technology; and
          [(2) to the extent that colleges, universities, and 
        libraries cannot connect to the Network with the 
        assistance of the private sector, the National Science 
        Foundation shall have primary responsibility for 
        assisting colleges, universities, and libraries to 
        connect to the Network;
          [(3) the National Science Foundation shall serve as 
        the primary source of information on access to and use 
        of the Network; and
          [(4) the National Science Foundation shall upgrade 
        the National Science Foundation funded network, assist 
        regional networks to upgrade their capabilities, and 
        provide other Federal departments and agencies the 
        opportunity to connect to the National Science 
        Foundation funded network.]
          (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).
  [(b) Authorization of Appropriations.--From sums otherwise 
authorized to be appropriated, there are authorized to be 
appropriated to the National Science Foundation for the 
purposes of the Program $213,000,000 for fiscal year 1992; 
$262,000,000 for fiscal year 1993; $305,000,000 for fiscal year 
1994; $354,000,000 for fiscal year 1995; and $413,000,000 for 
fiscal year 1996.]

SEC. 202. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACTIVITIES.

  [(a) General Responsibilities.--] As part of the Program 
described in title I, the National Aeronautics and Space 
Administration shall conduct basic and applied research in 
[high-performance computing] networking and information 
technology, particularly in the field of computational science, 
with emphasis on aerospace sciences, earth and space sciences, 
and remote exploration and experimentation.
  [(b) Authorization of Appropriations.--From sums otherwise 
authorized to be appropriated, there are authorized to be 
appropriated to the National Aeronautics and Space 
Administration for the purposes of the Program $72,000,000 for 
fiscal year 1992; $107,000,000 for fiscal year 1993; 
$134,000,000 for fiscal year 1994; $151,000,000 for fiscal year 
1995; and $145,000,000 for fiscal year 1996.]

SEC. 203. DEPARTMENT OF ENERGY ACTIVITIES.

  [(a) General Responsibilities.--] As part of the Program 
described in title I, the Secretary of Energy shall--
          (1) conduct and support basic and applied research in 
        [high-performance computing and networking] networking 
        and information technology to support fundamental 
        research in science and engineering disciplines related 
        to energy applications; and
          (2) provide computing and networking infrastructure 
        support, including--
                  (A) the provision of [high-performance] high-
                end computing systems that are among the most 
                advanced in the world in terms of performance 
                in solving scientific and engineering problems; 
                and
                  (B) support for advanced software and 
                applications development for science and 
                engineering disciplines related to energy 
                applications.
  [(b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Energy such sums as are 
necessary to carry out this section.]

SEC. 204. DEPARTMENT OF COMMERCE ACTIVITIES.

  (a) General Responsibilities.--As part of the Program 
described in title I--
          (1) the National Institute of Standards and 
        Technology shall--
                  (A) conduct basic and applied measurement 
                research needed to support various [high-
                performance computing systems and networks] 
                networking and information technology systems 
                and capabilities;
                  (B) develop and propose standards and 
                guidelines, and develop measurement techniques 
                and test methods, for the [interoperability of 
                high-performance computing systems in networks 
                and for common user interfaces to systems] 
                interoperability and usability of networking 
                and information technology systems; and
                  (C) be responsible for developing benchmark 
                tests and standards for [high-performance 
                computing] networking and information 
                technology systems and software; and
          (2) the National Oceanic and Atmospheric 
        Administration shall conduct basic and applied research 
        in weather prediction and ocean sciences, particularly 
        in development of new forecast models, in computational 
        fluid dynamics, and in the incorporation of evolving 
        computer architectures and networks into the systems 
        that carry out agency missions.
  (b)  [High-Performance Computing and Network] Networking and 
Information Technology Security.--[Pursuant to the Computer 
Security Act of 1987 (Public Law 100-235; 101 Stat. 1724), the] 
The National Institute of Standards and Technology shall be 
responsible for developing and proposing standards and 
guidelines needed to assure the cost-effective security and 
privacy of [sensitive] information in Federal computer systems.
  [(c) Study of Impact of Federal Procurement Regulations.--(1) 
The Secretary of Commerce shall conduct a study to--
          [(A) evaluate the impact of Federal procurement 
        regulations that require that contractors providing 
        software to the Federal Government share the rights to 
        proprietary software development tools that the 
        contractors use to develop the software; and
          [(B) determine whether such regulations discourage 
        development of improved software development tools and 
        techniques.
  [(2) The Secretary of Commerce shall, within one year after 
the date of enactment of this Act, report to the Congress 
regarding the results of the study conducted under paragraph 
(1).
  [(d) Authorization of Appropriations.--From sums otherwise 
authorized to be appropriated, there are authorized to be 
appropriated--
          [(1) to the National Institute of Standards and 
        Technology for the purposes of the Program $3,000,000 
        for fiscal year 1992; $4,000,000 for fiscal year 1993; 
        $5,000,000 for fiscal year 1994; $6,000,000 for fiscal 
        year 1995; and $7,000,000 for fiscal year 1996; and
          [(2) to the National Oceanic and Atmospheric 
        Administration for the purposes of the Program 
        $2,500,000 for fiscal year 1992; $3,000,000 for fiscal 
        year 1993; $3,500,000 for fiscal year 1994; $4,000,000 
        for fiscal year 1995; and $4,500,000 for fiscal year 
        1996.]

SEC. 205. ENVIRONMENTAL PROTECTION AGENCY ACTIVITIES.

  [(a) General Responsibilities.--] As part of the Program 
described in title I, the Environmental Protection Agency shall 
conduct [basic and applied] research directed toward the 
advancement and dissemination of [computational] networking and 
information technology techniques and software tools which form 
the core of ecosystem, atmospheric chemistry, and atmospheric 
dynamics models. All software and code, along with any 
subsequent updates to the software and code, developed by the 
Environmental Protection Agency under the Program and used in 
conducting scientific research shall be made publically 
available. In cases where the underlying software or code is 
proprietary or contains confidential business information, the 
Agency shall disclose only the name and vendor of the software 
and code used for all proprietary or confidential business 
information portions of the software or code. The Environmental 
Protection Agency shall ensure that the research conducted 
under the Program does not duplicate the scope or aims of 
similar research and initiatives at other Federal agencies. No 
Environmental Protection Agency funds shall be used towards 
research that duplicates the scope or aims of similar research 
and initiatives at other Federal agencies.
  [(b) Authorization of Appropriations.--From sums otherwise 
authorized to be appropriated, there are authorized to be 
appropriated to the Environmental Protection Agency for the 
purposes of the Program $5,000,000 for fiscal year 1992; 
$5,500,000 for fiscal year 1993; $6,000,000 for fiscal year 
1994; $6,500,000 for fiscal year 1995; and $7,000,000 for 
fiscal year 1996.]

SEC. 206. ROLE OF THE DEPARTMENT OF EDUCATION.

  [(a) General Responsibilities.--] As part of the Program 
described in title I, the Secretary of Education is authorized 
[to conduct basic and applied research in computational 
research with an emphasis on the coordination of activities 
with libraries, school facilities, and education research 
groups with respect to the advancement and dissemination of 
computational science and the development, evaluation and 
application of software capabilities] to support programs and 
activities to improve the teaching and learning of networking 
and information technology fields and contribute to the 
development of a skilled networking and information technology 
workforce.
  [(b) Authorization of Appropriations.--From sums otherwise 
authorized to be appropriated, there are authorized to be 
appropriated to the Department of Education for the purposes of 
this section $1,500,000 for fiscal year 1992; $1,700,000 for 
fiscal year 1993; $1,900,000 for fiscal year 1994; $2,100,000 
for fiscal year 1995; and $2,300,000 for fiscal year 1996.]

SEC. 207. MISCELLANEOUS PROVISIONS.

  (a) Nonapplicability.--Except to the extent the appropriate 
Federal agency or department head determines, the provisions of 
this Act shall not apply to--
          (1) programs or activities regarding computer systems 
        that process classified information; or
          (2) computer systems the function, operation, or use 
        of which are those delineated in paragraphs (1) through 
        (5) of section 2315(a) of title 10, United States Code.
  (b) Acquisition of Prototype and Early Production Models.--In 
accordance with Federal contracting law, Federal agencies and 
departments participating in the Program may acquire prototype 
or early production models of new [high-performance computing] 
networking and information technology systems and subsystems to 
stimulate hardware and software development. Items of computing 
equipment acquired under this subsection shall be considered 
research computers for purposes of applicable acquisition 
regulations.

[SEC. 208. FOSTERING UNITED STATES COMPETITIVENESS IN HIGH-PERFORMANCE 
                    COMPUTING AND RELATED ACTIVITIES.

  [(a) Findings.--The Congress finds the following:
          [(1) High-performance computing and associated 
        technologies are critical to the United States economy.
          [(2) While the United States has led the development 
        of high-performance computing, United States industry 
        is facing increasing global competition.
          [(3) Despite existing international agreements on 
        fair competition and nondiscrimination in government 
        procurements, there is increasing concern that such 
        agreements are not being honored, that more aggressive 
        enforcement of such agreements is needed, and that 
        additional steps may be required to ensure fair global 
        competition, particularly in high-technology fields 
        such as high-performance computing and associated 
        technologies.
          [(4) It is appropriate for Federal agencies and 
        departments to use the funds authorized for the Program 
        in a manner which most effectively fosters the 
        maintenance and development of United States leadership 
        in high-performance computers and associated 
        technologies in and for the benefit of the United 
        States.
          [(5) It is appropriate for Federal agencies and 
        departments to use the funds authorized for the Program 
        in a manner, consistent with the Trade Agreements Act 
        of 1979 (19 U.S.C. 2501 et seq.), which most 
        effectively fosters reciprocal competitive procurement 
        treatment by foreign governments for United States 
        high-performance computing and associated technology 
        products and suppliers.
  [(b) Annual Report.--
          [(1) Report.--The Director shall submit an annual 
        report to Congress that identifies--
                  [(A) any grant, contract, cooperative 
                agreement, or cooperative research and 
                development agreement (as defined under section 
                12(d)(1) of the Stevenson-Wydler Technology 
                Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)) 
                made or entered into by any Federal agency or 
                department for research and development under 
                the Program with--
                          [(i) any company other than a company 
                        that is either incorporated or located 
                        in the United States, and that has 
                        majority ownership by individuals who 
                        are citizens of the United States; or
                          [(ii) any educational institution or 
                        nonprofit institution located outside 
                        the United States; and
                  [(B) any procurement exceeding $1,000,000 by 
                any Federal agency or department under the 
                Program for--
                          [(i) unmanufactured articles, 
                        materials, or supplies mined or 
                        produced outside the United States; or
                          [(ii) manufactured articles, 
                        materials, or supplies other than those 
                        manufactured in the United States 
                        substantially all from articles, 
                        materials, or supplies mined, produced, 
                        or manufactured in the United States,
                under the meaning of title III of the Act of 
                March 3, 1933 (41 U.S.C. 10a-10d; popularly 
                known as the Buy American Act) as amended by 
                the Buy American Act of 1988.
          [(2) Consolidation of reports.--The report required 
        by this subsection may be included with the report 
        required by section 101(a)(3)(A).
  [(c) Application of Buy American Act.--This Act does not 
affect the applicability of title III of the Act of March 3, 
1933 (41 U.S.C. 10a-10d; popularly known as the Buy American 
Act), as amended by the Buy American Act of 1988, to 
procurements by Federal agencies and departments undertaken as 
a part of the Program.]
                              ----------                              

DEPARTMENT OF ENERGY HIGH-END COMPUTING REVITALIZATION ACT OF 2004

           *       *       *       *       *       *       *

[SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  [In addition to amounts otherwise made available for high-end 
computing, there are authorized to be appropriated to the 
Secretary to carry out this Act--
          [(1) $50,000,000 for fiscal year 2005;
          [(2) $55,000,000 for fiscal year 2006; and
          [(3) $60,000,000 for fiscal year 2007.]

           *       *       *       *       *       *       *

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