CHAPTER 114—NATIONAL QUANTUM INITIATIVE

        

SUBCHAPTER I—NATIONAL QUANTUM INITIATIVE

        

SUBCHAPTER II—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY QUANTUM ACTIVITIES

        

SUBCHAPTER III—NATIONAL SCIENCE FOUNDATION QUANTUM ACTIVITIES

        

SUBCHAPTER IV—DEPARTMENT OF ENERGY QUANTUM ACTIVITIES

        

§8801. Definitions

In this chapter:

(1) Advisory Committee

The term "Advisory Committee" means the National Quantum Initiative Advisory Committee established under section 8814(a) of this title.

(2) Appropriate committees of Congress

The term "appropriate committees of Congress" means—

(A) the Committee on Commerce, Science, and Transportation of the Senate;

(B) the Committee on Energy and Natural Resources of the Senate; and

(C) the Committee on Science, Space, and Technology of the House of Representatives.

(3) Coordination Office

The term "Coordination Office" means the National Quantum Coordination Office established under section 8812(a) of this title.

(4) Institution of higher education

The term "institution of higher education" has the meaning given the term in section 1001(a) of title 20.

(5) Program

The term "Program" means the National Quantum Initiative Program implemented under section 8811(a) of this title.

(6) Quantum information science

The term "quantum information science" means the use of the laws of quantum physics for the storage, transmission, manipulation, computing, or measurement of information.

(7) Quantum network infrastructure

The term "quantum network infrastructure" means any facility, expertise, or capability that is necessary to enable the development and deployment of scalable and diverse quantum network technologies.

(8) ¹ Subcommittee on Economic and Security Implications

The term "Subcommittee on Economic and Security Implications" means the Subcommittee on the Economic and Security Implications of Quantum Information Science established under section 8814a(a) of this title.

(8) ¹ Subcommittee on Quantum Information Science

The term "Subcommittee on Quantum Information Science" means the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 8813(a) of this title.

(Pub. L. 115–368, §2, Dec. 21, 2018, 132 Stat. 5092; Pub. L. 117–81, div. F, title LXVI, §6606(c)(1), Dec. 27, 2021, 135 Stat. 2443; Pub. L. 117–167, div. B, title I, §10104(b)(1), Aug. 9, 2022, 136 Stat. 1437.)

Editorial Notes

Amendments

2022—Pars. (7), (8). Pub. L. 117–167 added par. (7) and redesignated former par. (7) relating to Subcommittee on Economic and Security Implications as (8).

2021—Pars. (7), (8). Pub. L. 117–81 added pars. (7) and (8) and struck out former par. (7) which defined "Subcommittee".

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 115–368, §1(a), Dec. 21, 2018, 132 Stat. 5092, provided that: "This Act [enacting this chapter] may be cited as the 'National Quantum Initiative Act'."

¹ So in original. Two pars. (8) have been enacted.

§8802. Purposes

The purpose of this chapter is to ensure the continued leadership of the United States in quantum information science and its technology applications by—

(1) supporting research, development, demonstration, and application of quantum information science and technology—

(A) to expand the number of researchers, educators, and students with training in quantum information science and technology to develop a workforce pipeline;

(B) to promote the development and inclusion of multidisciplinary curriculum and research opportunities for quantum information science at the undergraduate, graduate, and postdoctoral level;

(C) to address basic research knowledge gaps, including computational research gaps;

(D) to promote the further development of facilities and centers available for quantum information science and technology research, testing and education; and

(E) to stimulate research on and promote more rapid development of quantum-based technologies;

(2) improving the interagency planning and coordination of Federal research and development of quantum information science and technology;

(3) maximizing the effectiveness of the Federal Government's quantum information science and technology research, development, and demonstration programs;

(4) promoting collaboration among the Federal Government, Federal laboratories, industry, and universities; and

(5) promoting the development of international standards for quantum information science and technology security—

(A) to facilitate technology innovation and private sector commercialization; and

(B) to meet economic and national security goals.

(Pub. L. 115–368, §3, Dec. 21, 2018, 132 Stat. 5093.)

SUBCHAPTER I—NATIONAL QUANTUM INITIATIVE

§8811. National Quantum Initiative Program

(a) In general

The President shall implement a National Quantum Initiative Program.

(b) Requirements

In carrying out the Program, the President, acting through Federal agencies, councils, working groups, subcommittees, and the Coordination Office, as the President considers appropriate, shall—

(1) establish the goals, priorities, and metrics for a 10-year plan to accelerate development of quantum information science and technology applications in the United States;

(2) invest in fundamental Federal quantum information science and technology research, development, demonstration, and other activities to achieve the goals established under paragraph (1);

(3) invest in activities to develop a quantum information science and technology workforce pipeline;

(4) provide for interagency planning and coordination of Federal quantum information science and technology research, development, demonstration, standards engagement, and other activities under the Program;

(5) partner with industry and universities to leverage knowledge and resources; and

(6) leverage existing Federal investments efficiently to advance Program goals and priorities established under paragraph (1).

(Pub. L. 115–368, title I, §101, Dec. 21, 2018, 132 Stat. 5094.)

Termination of Section

For termination of section, see section 8815 of this title.

§8812. National Quantum Coordination Office

(a) Establishment

(1) In general

The President shall establish a National Quantum Coordination Office.

(2) Administration

The Coordination Office shall have—

(A) a Director appointed by the Director of the Office of Science and Technology Policy, in consultation with the Secretary of Commerce, the Director of the National Science Foundation, and the Secretary of Energy; and

(B) staff comprised of employees detailed from the Federal departments and agencies described in section 8813(b) of this title

(b) Responsibilities

The Coordination Office shall—

(1) provide technical and administrative support to—

(A) the Subcommittee on Quantum Information Science;

(B) the Advisory Committee; and

(C) the Subcommittee on Economic and Security Implications;

(2) oversee interagency coordination of the Program, including by encouraging and supporting joint agency solicitation and selection of applications for funding of activities under the Program;

(3) serve as the point of contact on Federal civilian quantum information science and technology activities for Federal departments and agencies, industry, universities ¹ professional societies, State governments, and such other persons as the Coordination Office considers appropriate to exchange technical and programmatic information;

(4) ensure coordination among the collaborative ventures or consortia established under section 8831(a) of this title, Multidisciplinary Centers for Quantum Research and Education established under section 8842(a) of this title, and the National Quantum Information Science Research Centers established under section 8852(a) of this title;

(5) conduct public outreach, including the dissemination of findings and recommendations of the Advisory Committee, as appropriate;

(6) 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 industry, including startup companies; and

(7) promote access, through appropriate Federal Government agencies, and an open and competitive merit-reviewed process, to existing quantum computing and communication systems developed by industry, universities, and Federal laboratories to the general user community in pursuit of discovery of the new applications of such systems.

(c) Funding

Funds necessary to carry out the activities of the Coordination Office shall be made available each fiscal year by the Federal departments and agencies described in section 8813(b) of this title, as determined by the Director of the Office of Science and Technology Policy.

(Pub. L. 115–368, title I, §102, Dec. 21, 2018, 132 Stat. 5094; Pub. L. 117–81, div. F, title LXVI, §6606(c)(2), Dec. 27, 2021, 135 Stat. 2444.)

Termination of Section

For termination of section, see section 8815 of this title.

Editorial Notes

Amendments

2021—Subsec. (b)(1). Pub. L. 117–81 substituted "on Quantum Information Science;" for "; and" in subpar. (A), inserted "and" after semicolon in subpar. (B), and added subpar. (C).

¹ So in original. Probably should be followed by a comma.

§8813. Subcommittee on Quantum Information Science

(a) Establishment

The President shall establish, through the National Science and Technology Council, the Subcommittee on Quantum Information Science.

(b) Membership

The Subcommittee shall include a representative of—

(1) the National Institute of Standards and Technology;

(2) the National Science Foundation;

(3) the Department of Energy;

(4) the National Aeronautics and Space Administration;

(5) the Department of Defense;

(6) the Office of the Director of National Intelligence;

(7) the Office of Management and Budget;

(8) the Office of Science and Technology Policy; and

(9) such other Federal department or agency as the President considers appropriate.

(c) Chairpersons

The Subcommittee shall be jointly chaired by the Director of the National Institute of Standards and Technology, the Director of the National Science Foundation, and the Secretary of Energy.

(d) Responsibilities

The Subcommittee shall—

(1) coordinate the quantum information science and technology research, information sharing about international standards development and use, and education activities and programs of the Federal agencies;

(2) establish goals and priorities of the Program, based on identified knowledge and workforce gaps and other national needs;

(3) assess and recommend Federal infrastructure needs to support the Program;

(4) assess the status, development, and diversity of the United States quantum information science workforce;

(5) assess the global outlook for quantum information science research and development efforts;

(6) evaluate opportunities for international cooperation with strategic allies on research and development in quantum information science and technology; and

(7) propose a coordinated interagency budget for the Program to the Office of Management and Budget to ensure the maintenance of a balanced quantum information science research portfolio and an appropriate level of research effort.

(e) Strategic plans

In order to guide the activities of the Program and meet the goals, priorities, and anticipated outcomes of the Federal departments and agencies described in subsection (b), the Subcommittee shall—

(1) not later than 1 year after December 21, 2018, develop a 5-year strategic plan;

(2) not later than 6 years after December 21, 2018, develop a subsequent 5-year strategic plan; and

(3) periodically update each plan, as necessary.

(f) Submittal to Congress

The chairpersons of the Subcommittee shall submit to the President, the Advisory Committee, and the appropriate committees of Congress each strategic plan developed under subsection (e) and any updates thereto.

(g) Annual program budget report

(1) In general

Each year, concurrent with the annual budget request submitted by the President to Congress under section 1105 of title 31, the chairpersons of the Subcommittee shall submit to the appropriate committees of Congress and such other committees of Congress as the chairpersons deem appropriate a report on the budget for the Program.

(2) Contents

Each report submitted under paragraph (1) shall include the following:

(A) The budget of the Program for the current fiscal year, for each Federal department and agency described in subsection (b).

(B) The budget proposed for the Program for the next fiscal year, for each Federal department and agency described in subsection (b).

(C) An analysis of the progress made toward achieving the goals and priorities established under subsection (d)(2).

(h) Report on quantum networking and communications

(1) In general

Not later than January 1, 2026, the Quantum Networking Working Group within the Subcommittee on Quantum Information Science of the National Science and Technology Council, in coordination with the Subcommittee on the Economic and Security Implications of Quantum Information Science, shall submit to the appropriate committees of Congress a report detailing a plan for the advancement of quantum networking and communications technology in the United States, building on the report entitled A Strategic Vision for America's Quantum Networks and A Coordinated Approach for Quantum Networking Research.

(2) Requirements

The report under paragraph (1) shall include the following:

(A) An update to the report entitled Coordinated Approach to Quantum Networking Research Report focusing on a framework for interagency collaboration regarding the advancement of quantum networking and communications research.

(B) A plan for Federal Government partnership with the private sector and interagency collaboration regarding engagement in international standards for quantum networking and communications technology, including a list of Federal priorities for standards relating to such networking and technology.

(C) A proposal for the protection of national security interests relating to the advancement of quantum networking and communications technology.

(D) An assessment of the relative position of the United States with respect to other countries in the global race to develop, demonstrate, and utilize quantum networking and communications technology.

(E) Recommendations to Congress for legislative action relating to the matters considered under subparagraphs (A), (B), (C), and (D).

(F) Such other matters as the Quantum Network Working Group considers necessary to advance the security of communications and network infrastructure, remain at the forefront of scientific discovery in the quantum information science domain, and transition quantum information science research into the emerging quantum technology economy.

(Pub. L. 115–368, title I, §103, Dec. 21, 2018, 132 Stat. 5095; Pub. L. 117–167, div. B, title VI, §10661(b)(1), Aug. 9, 2022, 136 Stat. 1683.)

Termination of Section

For termination of section, see section 8815 of this title.

Editorial Notes

Amendments

2022—Subsec. (h). Pub. L. 117–167 added subsec. (h).

§8814. National Quantum Initiative Advisory Committee

(a) In general

The President shall establish a National Quantum Initiative Advisory Committee.

(b) Qualifications

The Advisory Committee shall consist of members, appointed by the President, who are representative of industry, universities, and Federal laboratories and are qualified to provide advice and information on quantum information science and technology research, development, demonstrations, standards, education, technology transfer, commercial application, or national security and economic concerns.

(c) Membership consideration

In selecting the members of the Advisory Committee, the President may seek and give consideration to recommendations from the Congress, industry, the scientific community (including the National Academy of Sciences, scientific professional societies, and universities), the defense community, and other appropriate organizations.

(d) Duties

(1) In general

The Advisory Committee shall advise the President, the Subcommittee on Quantum Information Science, and the Subcommittee on Economic and Security Implications and make recommendations for the President to consider when reviewing and revising the Program.

(2) Independent assessments

The Advisory Committee shall conduct periodic, independent assessments of—

(A) any trends or developments in quantum information science and technology;

(B) the progress made in implementing the Program;

(C) the management, coordination, implementation, and activities of the Program;

(D) whether the Program activities and the goals and priorities established under section 8813(d)(2) of this title are helping to maintain United States leadership in quantum information science and technology;

(E) whether a need exists to revise the Program;

(F) whether opportunities exist for international cooperation with strategic allies on research and development in, and the development of open standards for, quantum information science and technology; and

(G) whether national security, societal, economic, legal, and workforce concerns are adequately addressed by the Program.

(e) Reports

Not later than 180 days after December 21, 2018, and at least biennially thereafter, the Advisory Committee shall submit to the President, the appropriate committees of Congress, and such other committees of Congress as the Advisory Committee deems appropriate a report on the findings of the independent assessment under subsection (d), including any recommendations for improvements to the Program.

(f) Travel expenses of non-Federal members

Non-Federal members of the Advisory Committee, while attending meetings of the Advisory Committee or while otherwise serving at the request of the head of the Advisory Committee away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, for individuals in the Government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Advisory Committee who are officers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with existing law.

(g) FACA exemption

The Advisory Committee shall be exempt from section 14 of the Federal Advisory Committee Act (5 U.S.C. App.).¹

(Pub. L. 115–368, title I, §104, Dec. 21, 2018, 132 Stat. 5096; Pub. L. 117–81, div. F, title LXVI, §6606(c)(3), Dec. 27, 2021, 135 Stat. 2444.)

Termination of Section

For termination of section, see section 8815 of this title.

Editorial Notes

References in Text

Section 14 of the Federal Advisory Committee Act, referred to in subsec. (g), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361.

Amendments

2021—Subsec. (d)(1). Pub. L. 117–81 substituted ", the Subcommittee on Quantum Information Science, and the Subcommittee on Economic and Security Implications" for "and the Subcommittee".

Executive Documents

Executive Order No. 13885

Ex. Ord. No. 13885, Aug. 30, 2019, 84 F.R. 46873, which established the National Quantum Initiative Advisory Committee, was revoked by Ex. Ord. No. 14073, §5, May 4, 2022, 87 F.R. 27910, set out below.

Ex. Ord. No. 14073. Enhancing the National Quantum Initiative Advisory Committee

Ex. Ord. No. 14073, May 4, 2022, 87 F.R. 27909, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 104(a) of the National Quantum Initiative Act (Public Law 115–368) (NQI Act) [15 U.S.C. 8814(a)], and section 301 of title 3, United States Code, and in order to ensure continued American leadership in quantum information science and its technology applications, it is hereby ordered as follows:

Section 1. Purpose. Quantum information science (QIS) can enable transformative advances in knowledge and technology for industry, academia, and government. Accordingly, the National Quantum Initiative (NQI), which aims to ensure the continued leadership of the United States in QIS and its technology applications, is a substantial and sustained national priority. The NQI Program, established pursuant to section 101 of the NQI Act [15 U.S.C. 8811], encompasses contributions from across the Federal Government, as exemplified by the QIS research, development, demonstration, and training activities pursued by executive departments and agencies (agencies) with membership on either the National Science and Technology Council (NSTC) Subcommittee on Quantum Information Science (SCQIS) or the NSTC Subcommittee on Economic and Security Implications of Quantum Science (ESIX).

Sec. 2. Establishment. (a) To ensure that the NQI Program and the Nation are informed by evidence, data, and perspectives from a diverse group of experts and stakeholders, the National Quantum Initiative Advisory Committee (Committee) is hereby established. Consistent with the NQI Act [15 U.S.C. 8801 et seq.], the Committee shall advise the President, the SCQIS, and the ESIX on the NQI Program.

(b) The Committee shall consist of the Director of the Office of Science and Technology Policy (Director) or the Director's designee and not more than 26 members, appointed by the President, who are United States citizens representative of industry, universities, and Federal laboratories, and who are qualified to provide advice and information on QIS and technology research, development, demonstrations, standards, education, technology transfer, commercial application, or national security and economic concerns.

(c) The Committee shall have two Co-Chairs. The Director or the Director's designee shall serve as one Co-Chair of the Committee. The President shall designate another Co-Chair from among the appointed members to serve as Co-Chair with the Director.

Sec. 3. Functions. (a) The Committee shall advise the President and the SCQIS and the ESIX (Subcommittees) and make recommendations for the President to consider when reviewing and revising the NQI Program. The Committee shall also carry out all responsibilities set forth in section 104 of the NQI Act.

(b) The Committee shall meet at least twice a year and shall:

(i) respond to requests from the President or the Co-Chairs of the Committee for information, analysis, evaluation, or advice relating to QIS and its technology applications;

(ii) solicit information and ideas from a broad range of stakeholders on QIS, including the research community, the private sector, academia, national laboratories, agencies, State and local governments, foundations, and nonprofit organizations;

(iii) review the national strategy for QIS; and

(iv) respond to requests from the Subcommittees.

Sec. 4. Administration. (a) The heads of agencies shall, to the extent permitted by law, provide the Committee with information concerning QIS and its technology applications when requested by a Committee Co-Chair.

(b) The Co-Chairs of the Committee may establish standing subcommittees and ad hoc groups, including technical advisory groups, to assist and provide information to the Committee.

(c) The Director may request that members of the Committee, standing subcommittees, or ad hoc groups who do not hold a current clearance for access to classified information receive appropriate clearances and access determinations pursuant to Executive Order 13526 of December 29, 2009 (Classified National Security Information) [50 U.S.C. 3161 note], as amended, or any successor order.

(d) The National Quantum Coordination Office shall provide technical and administrative support to the Committee, pursuant to section 102(b) of the NQI Act [15 U.S.C. 8812(b)].

(e) Committee members shall serve without any compensation for their work on the Committee, but may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707).

Sec. 5. Revocation. Executive Order 13885 of August 30, 2019 (Establishing the National Quantum Initiative Advisory Committee) [formerly set out above], is hereby revoked.

Sec. 6. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended [Pub. L. 92–463] ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] (FACA), may apply to the Committee, any functions of the President under the FACA, except for those in section 6 of the FACA [see 5 U.S.C. 1005], shall be performed by the Secretary of Energy, in consultation with the Director, in accordance with the guidelines and procedures established by the Administrator of General Services.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

J.R. Biden, Jr.      

¹ See References in Text note below.

§8814a. Subcommittee on the Economic and Security Implications of Quantum Information Science

(a) Establishment

The President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science.

(b) Membership

The Subcommittee shall include a representative of—

(1) the Department of Energy;

(2) the Department of Defense;

(3) the Department of Commerce;

(4) the Department of Homeland Security;

(5) the Office of the Director of National Intelligence;

(6) the Office of Management and Budget;

(7) the Office of Science and Technology Policy;

(8) the Department of Justice;

(9) the National Science Foundation;

(10) the National Institute of Standards and Technology; and

(11) such other Federal department or agency as the President considers appropriate.

(c) Responsibilities

The Subcommittee shall—

(1) in coordination with the Director of the Office and ¹ Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development;

(2) review and assess any economic or security implications of such investments;

(3) review and assess any counterintelligence risks or other foreign threats to such investments;

(4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3);

(5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment;

(6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States;

(7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and

(8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress.

(d) Technical and administrative support

(1) In general

The Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section.

(2) Support related to classified information

The Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information.

(Pub. L. 115–368, title I, §105, as added Pub. L. 117–81, div. F, title LXVI, §6606(a)(2), Dec. 27, 2021, 135 Stat. 2442.)

Termination of Section

For termination of section, see section 8815 of this title.

Editorial Notes

Prior Provisions

A prior section 105 of Pub. L. 115–368 was renumbered section 106 and is classified to section 8815 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–81, div. F, title LXVI, §6606(b)(2), Dec. 27, 2021, 135 Stat. 2443, provided that: "The amendments made by subsection (a) [enacting this section and amending section 8815 of this title] shall take effect as if included in the enactment of the National Quantum Initiative Act (15 U.S.C. 8801 et seq.)."

¹ So in original. Probably should be "of".

§8815. Sunset

(a) In general

Except as provided in subsection (b), the authority to carry out sections 8811, 8812, 8813, 8814, and 8814a of this title shall terminate on the date that is 11 years after December 21, 2018.

(b) Extension

The President may continue the activities under such sections if the President determines that such activities are necessary to meet national economic or national security needs.

(Pub. L. 115–368, title I, §106, formerly §105, Dec. 21, 2018, 132 Stat. 5097; renumbered §106 and amended Pub. L. 117–81, div. F, title LXVI, §6606(a)(1), (b)(1), Dec. 27, 2021, 135 Stat. 2442, 2443.)

Editorial Notes

Amendments

2021—Pub. L. 117–81, §6606(b)(1), substituted "8813, 8814, and 8814a" for "8813, and 8814".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 6606(a)(1) of Pub. L. 117–81 effective as if included in the enactment of the National Quantum Initiative Act, see section 6606(b)(2) of Pub. L. 117–81, set out as an Effective Date note under section 8814a of this title.

SUBCHAPTER II—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY QUANTUM ACTIVITIES

§8831. National Institute of Standards and Technology activities and quantum consortium

(a) National Institute of Standards and Technology activities

As part of the Program, the Director of the National Institute of Standards and Technology—

(1) shall continue to support and expand basic and applied quantum information science and technology research and development of measurement and standards infrastructure necessary to advance commercial development of quantum applications;

(2) shall use the existing programs of the National Institute of Standards and Technology, in collaboration with other Federal departments and agencies, as appropriate, to train scientists in quantum information science and technology to increase participation in the quantum fields;

(3) shall carry out research to facilitate the development and standardization of quantum cryptography and post-quantum classical cryptography;

(4) shall carry out research to facilitate the development and standardization of quantum networking, communications, and sensing technologies and applications;

(5) for quantum technologies determined by the Director of the National Institute of Standards and Technology to be at a readiness level sufficient for standardization, shall provide technical review and assistance to such other Federal agencies as the Director considers appropriate for the development of quantum networking infrastructure standards;

(6) shall establish or expand collaborative ventures or consortia with other public or private sector entities, including industry, universities, and Federal laboratories for the purpose of advancing the field of quantum information science and engineering; and

(7) may enter into and perform such contracts, including cooperative research and development arrangements and grants and cooperative agreements or other transactions, as may be necessary in the conduct of the work of the National Institute of Standards and Technology and on such terms as the Director considers appropriate, in furtherance of the purposes of this chapter.

(b) Quantum consortium

(1) In general

Not later than 1 year after December 21, 2018, the Director of the National Institute of Standards and Technology shall convene a consortium of stakeholders to identify the future measurement, standards, cybersecurity, and other appropriate needs for supporting the development of a robust quantum information science and technology industry in the United States.

(2) Goals

The goals of the consortium shall be—

(A) to assess the current research on the needs identified in paragraph (1);

(B) to identify any gaps in the research necessary to meet the needs identified in paragraph (1); and

(C) to provide recommendations on how the National Institute of Standards and Technology and the Program can address the gaps in the necessary research identified in subparagraph (B).

(3) Report to Congress

Not later than 2 years after December 21, 2018, the Director of the National Institute of Standards and Technology shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report summarizing the findings of the consortium.

(c) Funding

The Director of the National Institute of Standards and Technology shall allocate up to $80,000,000 to carry out the activities under this section for each of fiscal years 2019 through 2023, subject to the availability of appropriations. Amounts made available to carry out this section shall be derived from amounts appropriated or otherwise made available to the National Institute of Standards and Technology.

(Pub. L. 115–368, title II, §201, Dec. 21, 2018, 132 Stat. 5098; Pub. L. 117–167, div. B, title VI, §10661(c)(1), Aug. 9, 2022, 136 Stat. 1684.)

Editorial Notes

Amendments

2022—Subsec. (a)(3) to (7). Pub. L. 117–167 added pars. (3) to (5) and redesignated former pars. (3) and (4) as (6) and (7), respectively.

SUBCHAPTER III—NATIONAL SCIENCE FOUNDATION QUANTUM ACTIVITIES

§8841. Quantum information science research and education program

(a) In general

The Director of the National Science Foundation shall carry out a basic research and education program on quantum information science and engineering, including the competitive award of grants to institutions of higher education or eligible nonprofit organizations (or consortia thereof).

(b) Program components

(1) In general

In carrying out the program under subsection (a), the Director of the National Science Foundation shall carry out activities that—

(A) support basic interdisciplinary quantum information science and engineering research; and

(B) support human resources development in all aspects of quantum information science and engineering.

(2) Requirements

The activities described in paragraph (1) shall include—

(A) using the existing programs of the National Science Foundation, in collaboration with other Federal departments and agencies, as appropriate—

(i) to improve the teaching and learning of quantum information science and engineering at the undergraduate, graduate, and postgraduate levels; and

(ii) to increase participation in the quantum fields, including by individuals identified in sections 1885a and 1885b of title 42;

(B) formulating goals for quantum information science and engineering research and education activities to be supported by the National Science Foundation;

(C) leveraging the collective body of knowledge from existing quantum information science and engineering research and education activities;

(D) coordinating research efforts funded through existing programs across the directorates of the National Science Foundation; and

(E) engaging with other Federal departments and agencies, research communities, and potential users of information produced under this section.

(c) Graduate traineeships

The Director of the National Science Foundation may establish a program to provide traineeships to graduate students at institutions of higher education within the United States who are citizens of the United States and who choose to pursue masters or doctoral degrees in quantum information science.

(d) Incorporating QISE into STEM curriculum

(1) In general

The Director of the National Science Foundation shall, through programs carried out or supported by the National Science Foundation, seek to increase the integration of quantum information science and engineering (referred to in this subsection as "QISE") into the STEM curriculum at all education levels, including community colleges, as considered appropriate by the Director.

(2) Curriculum integration

The curriculum integration under paragraph (1) may include the following:

(A) Methods to conceptualize QISE for elementary, middle, and high school curricula.

(B) Methods for strengthening foundational mathematics and science curricula.

(C) Methods for integrating students who are underserved or historically underrepresented groups in STEM.

(D) Age-appropriate materials that apply the principles of quantum information science in STEM fields.

(E) Recommendations for the standardization of key concepts, definitions, and curriculum criteria across government, academia, and industry.

(F) Materials that specifically address the findings and outcomes of the study to evaluate and make recommendations for the quantum information science workforce pursuant to subsection (d) of section 19261 of title 42 and strategies to account for the skills and workforce needs identified through such study.

(3) Coordination

In carrying out this subsection, the Director shall coordinate with relevant Federal agencies, and consult with nongovernmental entities with expertise in QISE, as appropriate, which may include institutions eligible to participate in the Established Program to Stimulate Competitive Research (EPSCoR).

(4) Definition

In this subsection, the term "STEM" means the academic and professional disciplines of science, technology, engineering, and mathematics, including computer science.

(Pub. L. 115–368, title III, §301, Dec. 21, 2018, 132 Stat. 5099; Pub. L. 117–167, div. B, title VI, §10661(e)(1), Aug. 9, 2022, 136 Stat. 1685.)

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–167 added subsec. (d).

§8842. Multidisciplinary centers for quantum research and education

(a) In general

The Director of the National Science Foundation, in consultation with other Federal departments and agencies, as appropriate, shall award grants to institutions of higher education or eligible nonprofit organizations (or consortia thereof) to establish at least 2, but not more than 5, Multidisciplinary Centers for Quantum Research and Education (referred to in this section as "Centers").

(b) Collaborations

A collaboration receiving an award under this subsection may include institutions of higher education, nonprofit organizations, and private sector entities.

(c) Purpose

The purpose of the Centers shall be to conduct basic research and education activities in support of the goals and priorities established under section 8813(d)(2) of this title, including by—

(1) continuing to advance quantum information science and engineering;

(2) supporting curriculum and workforce development in quantum information science and engineering; and

(3) fostering innovation by bringing industry perspectives to quantum research and workforce development, including by leveraging industry knowledge and resources.

(d) Requirements

(1) In general

An institution of higher education or an eligible nonprofit organization (or a consortium thereof) seeking funding under this section shall submit an application to the Director of the National Science Foundation at such time, in such manner, and containing such information as the Director may require.

(2) Applications

Each application under paragraph (1) shall include a description of—

(A) how the Center will work with other research institutions and industry partners to leverage expertise in quantum science, education and curriculum development, and technology transfer;

(B) how the Center will promote active collaboration among researchers in multiple disciplines involved in quantum research, including physics, engineering, mathematics, computer science, chemistry, and material science;

(C) how the Center will support long-term and short-term workforce development in the quantum field;

(D) how the Center can support an innovation ecosystem to work with industry to translate Center research into applications; and

(E) a long-term plan to become self-sustaining after the expiration of funding under this section.

(e) Selection and duration

(1) In general

Each Center established under this section is authorized to carry out activities for a period of 5 years.

(2) Reapplication

An awardee may reapply for additional, subsequent periods of 5 years on a competitive, merit-reviewed basis.

(3) Termination

Consistent with the authorities of the National Science Foundation, the Director of the National Science Foundation may terminate an underperforming Center for cause during the performance period.

(f) Funding

The Director of the National Science Foundation shall allocate up to $10,000,000 for each Center established under this section for each of fiscal years 2019 through 2023, subject to the availability of appropriations. Amounts made available to carry out this section shall be derived from amounts appropriated or otherwise made available to the National Science Foundation.

(Pub. L. 115–368, title III, §302, Dec. 21, 2018, 132 Stat. 5100.)

SUBCHAPTER IV—DEPARTMENT OF ENERGY QUANTUM ACTIVITIES

§8851. Quantum information science research program

(a) In general

The Secretary of Energy shall carry out a basic research program on quantum information science.

(b) Program components

In carrying out the program under subsection (a), the Secretary of Energy shall—

(1) formulate goals for quantum information science research to be supported by the Department of Energy;

(2) leverage the collective body of knowledge from existing quantum information science research;

(3) provide research experiences and training for additional undergraduate and graduate students in quantum information science, including in the fields of—

(A) quantum information theory;

(B) quantum physics;

(C) quantum computational science;

(D) applied mathematics and algorithm development;

(E) quantum networking;

(F) quantum sensing and detection; and

(G) materials science and engineering;

(4) coordinate research efforts funded through existing programs across the Department of Energy, including—

(A) the Nanoscale Science Research Centers;

(B) the Energy Frontier Research Centers;

(C) the Energy Innovation Hubs;

(D) the National Laboratories;

(E) the Advanced Research Projects Agency; and

(F) the National Quantum Information Science Research Centers; and

(5) coordinate with other Federal departments and agencies, research communities, and potential users of information produced under this section.

(Pub. L. 115–368, title IV, §401, Dec. 21, 2018, 132 Stat. 5101.)

§8852. National Quantum Information Science Research Centers

(a) Establishment

(1) In general

The Secretary of Energy, acting through the Director of the Office of Science (referred to in this section as the "Director"), shall ensure that the Office of Science carries out a program, in consultation with other Federal departments and agencies, as appropriate, to establish and operate at least 2, but not more than 5, National Quantum Information Science Research Centers (referred to in this section as "Centers") to conduct basic research to accelerate scientific breakthroughs in quantum information science and technology and to support research conducted under section 8851 of this title.

(2) Requirements

(A) Competitive, merit-reviewed process

The Centers shall be established through a competitive, merit-reviewed process.

(B) Applications

An eligible applicant under this subsection shall submit to the Director an application at such time, in such manner, and containing such information as the Director determines to be appropriate.

(C) Eligible applicants

The Director shall consider applications from National Laboratories, institutions of higher education, research centers, multi-institutional collaborations, and any other entity that the Secretary of Energy determines to be appropriate.

(b) Collaborations

A collaboration that receives an award under this section may include multiple types of research institutions and private sector entities.

(c) Requirements

To the maximum extent practicable, the Centers developed, constructed, operated, or maintained under this section shall serve the needs of the Department of Energy, industry, the academic community, and other relevant entities to create and develop processes for the purpose of advancing basic research in quantum information science and improving the competitiveness of the United States.

(d) Coordination

The Secretary of Energy shall ensure the coordination, and avoid unnecessary duplication, of the activities of each Center with the activities of—

(1) other research entities of the Department of Energy, including—

(A) the Nanoscale Science Research Centers;

(B) the Energy Frontier Research Centers;

(C) the Energy Innovation Hubs; and

(D) the National Laboratories;

(2) institutions of higher education; and

(3) industry.

(e) Duration

(1) In general

Each Center established under this section is authorized to carry out activities for a period of 5 years.

(2) Reapplication

An awardee may reapply for additional, subsequent periods of 5 years. The Director shall approve or disapprove of each reapplication on a competitive, merit-reviewed basis.

(3) Termination

Consistent with the authorities of the Department of Energy, the Secretary of Energy may terminate an underperforming Center for cause during the performance period.

(f) Funding

The Secretary of Energy shall allocate up to $25,000,000 for each Center established under this section for each of fiscal years 2019 through 2023, subject to the availability of appropriations. Amounts made available to carry out this section shall be derived from amounts appropriated or otherwise made available to the Department of Energy.

(Pub. L. 115–368, title IV, §402, Dec. 21, 2018, 132 Stat. 5101.)

§8853. Department of Energy quantum network infrastructure research and development program

(a) In general

The Secretary of Energy (referred to in this section as the "Secretary") shall carry out a research, development, and demonstration program to accelerate innovation in quantum network infrastructure in order to—

(1) facilitate the advancement of distributed quantum computing systems through the internet and intranet;

(2) improve the precision of measurements of scientific phenomena and physical imaging technologies;

(3) develop secure national quantum communications technologies and strategies;

(4) demonstrate quantum networking utilizing the Department of Energy's Energy Sciences Network User Facility; and

(5) advance the relevant domestic supply chains, manufacturing capabilities, and associated simulations or modeling capabilities.

(b) Program

In carrying out this section, the Secretary shall—

(1) coordinate with—

(A) the Director of the National Science Foundation;

(B) the Director of the National Institute of Standards and Technology;

(C) the Chair of the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 8813(a) of this title; and

(D) the Chair of the Subcommittee on the Economic and Security Implications of Quantum Science;

(2) conduct cooperative research with industry, National Laboratories, institutions of higher education, and other research institutions to facilitate new quantum infrastructure methods and technologies, including—

(A) quantum-limited detectors, ultra-low loss optical channels, space-to-ground connections, and classical networking and cybersecurity protocols;

(B) entanglement and hyper-entangled state sources and transmission, control, and measurement of quantum states;

(C) quantum interconnects that allow short range local connections between quantum processors;

(D) transducers for quantum sources and signals between optical wavelength regimes, including telecommunications regimes and quantum computer-relevant domains, including microwaves;

(E) development of quantum memory buffers and small-scale quantum computers that are compatible with photon-based quantum bits in the optical or telecommunications wavelengths;

(F) long-range entanglement distribution, including allowing entanglement-based protocols between small- and large ¹ scale quantum processors, at the terrestrial and space-based level using quantum repeaters and optical or laser communications;

(G) quantum routers, multiplexers, repeaters, and related technologies necessary to create secure long-distance quantum communication; and

(H) integration of systems across the quantum technology stack into traditional computing networks, including the development of remote controlled, high-performance, and reliable implementations of key quantum network components by leveraging the expertise, infrastructure and supplemental investments at the National Laboratories in the Energy Sciences Network User Facility;

(3) engage with the Quantum Economic Development Consortium and other organizations, as applicable, to transition component technologies to help facilitate as appropriate the development of a quantum supply chain for quantum network technologies;

(4) advance basic research in advanced scientific computing, particle and nuclear physics, and material science to enhance the understanding, prediction, and manipulation of materials, processes, and physical phenomena relevant to quantum network infrastructure;

(5) develop experimental tools and testbeds in collaboration with the Energy Sciences Network User Facility necessary to support cross-cutting fundamental research and development activities with diverse stakeholders from industry, National Laboratories, and institutions of higher education; and

(6) consider quantum network infrastructure applications that span the Department of Energy's missions in energy, environment, and national security.

(c) Leveraging

In carrying out this section, the Secretary shall leverage resources, infrastructure, and expertise across the Department of Energy and from—

(1) the National Institute of Standards and Technology;

(2) the National Science Foundation;

(3) the National Aeronautics and Space Administration;

(4) other relevant Federal agencies;

(5) the National Laboratories;

(6) industry stakeholders;

(7) institutions of higher education; and

(8) the National Quantum Information Science Research Centers.

(d) Research plan

Not later than 180 days after August 9, 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 4-year research plan that identifies and prioritizes basic research needs relating to quantum network infrastructure.

(e) Standard of review

The Secretary shall review activities carried out under this section to determine the achievement of technical milestones.

(f) Funding

Of the funds authorized to be appropriated for the Department of Energy's Office of Science, there is authorized to be appropriated to the Secretary to carry out the activities under this section $100,000,000 for each of fiscal years 2023 through 2027.

(Pub. L. 115–368, title IV, §403, as added Pub. L. 117–167, div. B, title I, §10104(b)(2)(A), Aug. 9, 2022, 136 Stat. 1438.)

¹ So in original. Probably should be followed by a hyphen.

§8854. Department of Energy Quantum User Expansion for Science and Technology program

(a) In general

The Secretary of Energy (referred to in this section as the "Secretary") shall establish and carry out a program, to be known as the "Quantum User Expansion for Science and Technology program" or "QUEST program", to encourage and facilitate access to United States quantum computing hardware and quantum computing clouds for research purposes—

(1) to enhance the United States quantum research enterprise;

(2) to educate the future quantum computing workforce;

(3) to accelerate the advancement of United States quantum computing capabilities; and

(4) to advance the relevant domestic supply chains, manufacturing processes, and associated simulations or modeling capabilities.

(b) Program

In carrying out this section, the Secretary shall—

(1) coordinate with—

(A) the Director of the National Science Foundation;

(B) the Director of the National Institute of Standards and Technology;

(C) the Chair of the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 8813(a) of this title; and

(D) the Chair of the Subcommittee on the Economic and Security Implications of Quantum Science;

(2) provide researchers based within the United States with access to, and use of, United States quantum computing resources through a competitive, merit-reviewed process;

(3) consider applications from the National Laboratories, multi-institutional collaborations, institutions of higher education, industry stakeholders, and any other entities that the Secretary determines are appropriate to provide national leadership on quantum computing related issues;

(4) coordinate with private sector stakeholders, the user community, and interagency partners on program development and best management practices; and

(5) to the extent practicable, balance user access to commercial prototypes available for use across a broad class of applications and Federal research prototypes that enable benchmarking a wider variety of early-stage devices.

(c) Leveraging

In carrying out this section, the Secretary shall leverage resources and expertise across the Department of Energy and from—

(1) the National Institute of Standards and Technology;

(2) the National Science Foundation;

(3) the National Aeronautics and Space Administration;

(4) other relevant Federal agencies;

(5) the National Laboratories;

(6) industry stakeholders;

(7) institutions of higher education; and

(8) the National Quantum Information Science Research Centers.

(d) Security

In carrying out the activities authorized by this section, the Secretary, in consultation with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, shall ensure proper security controls are in place to protect sensitive information, as appropriate.

(e) Funding

Of the funds authorized to be appropriated for the Department of Energy's Office of Science, there are authorized to be appropriated to the Secretary to carry out the activities under this section—

(1) $30,000,000 for fiscal year 2023;

(2) $31,500,000 for fiscal year 2024;

(3) $33,075,000 for fiscal year 2025;

(4) $34,728,750 for fiscal year 2026; and

(5) $36,465,188 for fiscal year 2027.

(Pub. L. 115–368, title IV, §404, as added Pub. L. 117–167, div. B, title I, §10104(b)(2)(A), Aug. 9, 2022, 136 Stat. 1440.)