US (United States) Code. Title 15. Chapter 81: High-Performance Computing

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15 USC CHAPTER 81 - HIGH-PERFORMANCE COMPUTING 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

.

-HEAD-

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

-MISC1-

Sec.

5501. Findings.

5502. Purposes.

5503. Definitions.

SUBCHAPTER I - HIGH-PERFORMANCE COMPUTING AND THE NATIONAL RESEARCH

AND EDUCATION NETWORK

5511. National High-Performance Computing Program.

(a) National High-Performance Computing Program.

(b) Advisory committee.

(c) Office of Management and Budget.

5512. National Research and Education Network.

(a) Establishment.

(b) Access.

(c) Network characteristics.

(d) Defense Advanced Research Projects Agency

responsibility.

(e) Information services.

(f) Use of grant funds.

(g) Report to Congress.

5513. Next Generation Internet.

(a) Establishment.

(b) Duties of Advisory Committee.

(c) Reports.

(d) Authorization of appropriations.

SUBCHAPTER II - AGENCY ACTIVITIES

5521. National Science Foundation activities.

(a) General responsibilities.

(b) Authorization of appropriations.

5522. National Aeronautics and Space Administration activities.

(a) General responsibilities.

(b) Authorization of appropriations.

5523. Department of Energy activities.

(a) General responsibilities.

(b) Collaborative Consortia.

(c) Technology transfer.

(d) Reports.

(e) Authorization of appropriations.

5524. Department of Commerce activities.

(a) General responsibilities.

(b) High-performance computing and network security.

(c) Study of impact of Federal procurement

regulations.

(d) Authorization of appropriations.

5525. Environmental Protection Agency activities.

(a) General responsibilities.

(b) Authorization of appropriations.

5526. Role of Department of Education.

(a) General responsibilities.

(b) Authorization of appropriations.

5527. Miscellaneous provisions.

(a) Nonapplicability.

(b) Acquisition of prototype and early production

models.

5528. Fostering United States competitiveness in high-performance

computing and related activities.

(a) Findings.

(b) Annual report.

(c) Review of Supercomputer Agreement.

(d) Application of Buy American Act.

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15 USC Sec. 5501 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

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Sec. 5501. Findings

-STATUTE-

The Congress finds the following:

(1) Advances in computer science and technology are vital to

the Nation's prosperity, national and economic security,

industrial production, engineering, and scientific advancement.

(2) The United States currently leads the world in the

development and use of high-performance computing for national

security, industrial productivity, science, and engineering, but

that lead is being challenged by foreign competitors.

(3) Further research and development, expanded educational

programs, improved computer research networks, and more effective

technology transfer from government to industry are necessary for

the United States to reap fully the benefits of high-performance

computing.

(4) A high-capacity, flexible, high-speed national research and

education computer network is needed to provide researchers and

educators with access to computational and information resources,

act as a test bed for further research and development for

high-capacity and high-speed computer networks, and provide

researchers the necessary vehicle for continued network

technology improvement through research.

(5) Several Federal agencies have ongoing high-performance

computing programs, but improved long-term interagency

coordination, cooperation, and planning would enhance the

effectiveness of these programs.

(6) A 1991 report entitled ''Grand Challenges: High-Performance

Computing and Communications'' by the Office of Science and

Technology Policy, outlining a research and development strategy

for high-performance computing, provides a framework for a

multiagency high-performance computing program. Such a program

would provide American researchers and educators with the

computer and information resources they need, and demonstrate how

advanced computers, high-capacity and high-speed networks, and

electronic data bases can improve the national information

infrastructure for use by all Americans.

(7) Additional research must be undertaken to lay the

foundation for the development of new applications that can

result in economic growth, improved health care, and improved

educational opportunities.

(8) Research in new networking technologies holds the promise

of easing the economic burdens of information access

disproportionately borne by rural users of the Internet.

(9) Information security is an important part of computing,

information, and communications systems and applications, and

research into security architectures is a critical aspect of

computing, information, and communications research programs.

-SOURCE-

(Pub. L. 102-194, Sec. 2, Dec. 9, 1991, 105 Stat. 1594; Pub. L.

105-305, Sec. 2(b), Oct. 28, 1998, 112 Stat. 2919.)

-MISC1-

AMENDMENTS

1998 - Par. (4). Pub. L. 105-305, Sec. 2(b)(1), added par. (4)

and struck out former par. (4) which read as follows: ''A

high-capacity and high-speed national research and education

computer network would provide researchers and educators with

access to computer and information resources and act as a test bed

for further research and development of high-capacity and

high-speed computer networks.''

Pars. (7) to (9). Pub. L. 105-305, Sec. 2(b)(2), added pars. (7)

to (9).

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-305, Sec. 1, Oct. 28, 1998, 112 Stat. 2919, provided

that: ''This Act (enacting section 5513 of this title, amending

this section and sections 5502, 5503, and 5511 of this title, and

enacting provisions set out as notes under this section) may be

cited as the 'Next Generation Internet Research Act of 1998'.''

SHORT TITLE

Section 1 of Pub. L. 102-194 provided that: ''This Act (enacting

this chapter) may be cited as the 'High-Performance Computing Act

of 1991'.''

CONGRESSIONAL FINDINGS

Pub. L. 105-305, Sec. 2(a), Oct. 28, 1998, 112 Stat. 2919,

provided that: ''The Congress finds that -

''(1) United States leadership in science and technology has

been vital to the Nation's prosperity, national and economic

security, and international competitiveness, and there is every

reason to believe that maintaining this tradition will lead to

long-term continuation of United States strategic advantages in

information technology;

''(2) the United States investment in science and technology

has yielded a scientific and engineering enterprise without peer,

and that Federal investment in research is critical to the

maintenance of United States leadership;

''(3) previous Federal investment in computer networking

technology and related fields has resulted in the creation of new

industries and new jobs in the United States;

''(4) the Internet is playing an increasingly important role in

keeping citizens informed of the actions of their government; and

''(5) continued inter-agency cooperation is necessary to avoid

wasteful duplication in Federal networking research and

development programs.''

PURPOSES

Pub. L. 105-305, Sec. 3(a), Oct. 28, 1998, 112 Stat. 2920,

provided that: ''The purposes of this Act (see Short Title of 1998

Amendment note above) are -

''(1) to authorize, through the High-Performance Computing Act

of 1991 (15 U.S.C. 5501 et seq.), research programs related to -

''(A) high-end computing and computation;

''(B) human-centered systems;

''(C) high confidence systems; and

''(D) education, training, and human resources; and

''(2) to provide, through the High-Performance Computing Act of

1991 (15 U.S.C. 5501 et seq.), for the development and

coordination of a comprehensive and integrated United States

research program which will -

''(A) focus on the research and development of a coordinated

set of technologies that seeks to create a network

infrastructure that can support greater speed, robustness, and

flexibility than is currently available and promote

connectivity and interoperability among advanced computer

networks of Federal agencies and departments;

''(B) focus on research in technology that may result in

high-speed data access for users that is both economically

viable and does not impose a geographic penalty; and

''(C) encourage researchers to pursue approaches to

networking technology that lead to maximally flexible and

extensible solutions wherever feasible.''

-CROSS-

DEFINITIONS

Pub. L. 105-305, Sec. 7(a), Oct. 28, 1998, 112 Stat. 2924,

provided that: ''For purposes of this Act (see Short Title of 1998

Amendment note above) -

''(1) Geographic penalty. - The term 'geographic penalty' means

the imposition of costs on users of the Internet in rural or

other locations, attributable to the distance of the user from

network facilities, the low population density of the area in

which the user is located, or other factors, that are

disproportionately greater than the costs imposed on users in

locations closer to such facilities or on users in locations with

significantly greater population density.

''(2) Internet. - The term 'Internet' means the international

computer network of both Federal and non-Federal interoperable

packet switched data networks.''

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15 USC Sec. 5502 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

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Sec. 5502. Purposes

-STATUTE-

The purposes of this chapter are to help ensure the continued

leadership of the United States in high-performance computing and

its applications by -

(1) expanding Federal support for research, development, and

application of high-performance computing in order to -

(A) expand the number of researchers, educators, and students

with training in high-performance computing and access to

high-performance computing 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;

(E) accelerate the development of computing systems and

subsystems;

(F) provide for the application of high-performance computing

to Grand Challenges;

(G) invest in basic research and education, and promote the

inclusion of high-performance computing into educational

institutions at all levels; and

(H) promote greater collaboration among government, Federal

laboratories, industry, high-performance computing centers, and

universities;

(2) improving the interagency planning and coordination of

Federal research and development on high-performance computing

and maximizing the effectiveness of the Federal Government's

high-performance computing network 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.

-SOURCE-

(Pub. L. 102-194, Sec. 3, Dec. 9, 1991, 105 Stat. 1594; Pub. L.

105-305, Sec. 3(b), Oct. 28, 1998, 112 Stat. 2920.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-305, Sec. 3(b)(1), substituted ''Purposes''

for ''Purpose'' as section catchline.

Pub. L. 105-305, Sec. 3(b)(2), substituted ''purposes of this

chapter are'' for ''purpose of this chapter is'' in introductory

provisions.

Par. (1)(A). Pub. L. 105-305, Sec. 3(b)(3), redesignated subpar.

(B) as (A) and struck out former subpar. (A) which read as follows:

''establish a high-capacity and high-speed National Research and

Education Network;''.

Par. (1)(B). Pub. L. 105-305, Sec. 3(b)(3), (4), redesignated

subpar. (C) as (B) and substituted ''Internet'' for ''Network''.

Former subpar. (B) redesignated (A).

Par. (1)(C) to (I). Pub. L. 105-305, Sec. 3(b)(3), (5),

redesignated subpars. (D) to (I) as (C) to (H), respectively, and

struck out ''and'' at end of par. (H).

Par. (2). Pub. L. 105-305, Sec. 3(b)(6), substituted ''network

research and development programs;'' for ''efforts.''

Pars. (3), (4). Pub. L. 105-305, Sec. 3(b)(7), added pars. (3)

and (4).

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15 USC Sec. 5503 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

-HEAD-

Sec. 5503. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''Director'' means the Director of the Office of Science

and Technology Policy;

(2) ''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 resources;

(3) ''high-performance computing'' means advanced computing,

communications, and information technologies, including

scientific workstations, supercomputer systems (including vector

supercomputers and large scale parallel systems), high-capacity

and high-speed networks, special purpose and experimental

systems, and applications and systems software;

(4) ''Internet'' means the international computer network of

both Federal and non-Federal interoperable packet switched data

networks;

(5) ''Network'' means a computer network referred to as the

National Research and Education Network established under section

5512 of this title; and

(6) ''Program'' means the National High-Performance Computing

Program described in section 5511 of this title.

-SOURCE-

(Pub. L. 102-194, Sec. 4, Dec. 9, 1991, 105 Stat. 1595; Pub. L.

105-305, Sec. 7(b), Oct. 28, 1998, 112 Stat. 2924.)

-MISC1-

AMENDMENTS

1998 - Pars. (4) to (6). Pub. L. 105-305 added par. (4) and

redesignated former pars. (4) and (5) as (5) and (6), respectively.

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15 USC SUBCHAPTER I - HIGH-PERFORMANCE COMPUTING AND THE

NATIONAL RESEARCH AND EDUCATION NETWORK 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

SUBCHAPTER I - HIGH-PERFORMANCE COMPUTING AND THE NATIONAL RESEARCH

AND EDUCATION NETWORK

.

-HEAD-

SUBCHAPTER I - HIGH-PERFORMANCE COMPUTING AND THE NATIONAL RESEARCH

AND EDUCATION NETWORK

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5521, 5522, 5523,

5524, 5525, 5526 of this title.

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15 USC Sec. 5511 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

SUBCHAPTER I - HIGH-PERFORMANCE COMPUTING AND THE NATIONAL RESEARCH

AND EDUCATION NETWORK

-HEAD-

Sec. 5511. National High-Performance Computing Program

-STATUTE-

(a) National High-Performance Computing Program

(1) The President shall implement a National High-Performance

Computing Program, which shall -

(A) establish the goals and priorities for Federal

high-performance computing research, development, networking, and

other activities; and

(B) provide for interagency coordination of Federal

high-performance computing research, development, networking, and

other activities undertaken pursuant to the Program.

(2) The Program shall -

(A) provide for the development of technologies to advance the

capacity and capabilities of the Internet;

(B) provide for high performance testbed networks to enable the

research, development, and demonstration of advanced networking

technologies and to develop and demonstrate advanced applications

made possible by the existence of such testbed networks;

(C) promote connectivity among computer networks of Federal

agencies and departments;

(D) provide for efforts to increase software availability,

productivity, capability, portability, and reliability;

(E) provide for improved dissemination of Federal agency data

and electronic information;

(F) provide for acceleration of the development of

high-performance computing systems, subsystems, and associated

software;

(G) provide for the technical support and research and

development of high-performance computing software and hardware

needed to address Grand Challenges;

(H) provide for educating and training additional undergraduate

and graduate students in software engineering, computer science,

library and information science, and computational science; and

(I) provide -

(i) for the security requirements, policies, and standards

necessary to protect Federal research computer networks and

information resources accessible through Federal research

computer networks, including research required to establish

security standards for high-performance computing systems and

networks; and

(ii) that agencies and departments identified in the annual

report submitted under paragraph (3)(A) shall define and

implement a security plan consistent with the Program and with

applicable law.

(3) The Director shall -

(A) submit to the Congress an annual report, along with the

President's annual budget request, describing the implementation

of the Program;

(B) provide for interagency coordination of the Program; and

(C) consult with academic, State, industry, and other

appropriate groups conducting research on and using

high-performance computing.

(4) The annual report submitted under paragraph (3)(A) shall -

(A) include a detailed description of the goals and priorities

established by the President for the Program;

(B) 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 the Interior;

(viii) the Environmental Protection Agency;

(ix) the National Aeronautics and Space Administration;

(x) the National Science Foundation; and

(xi) such other agencies and departments as the President or

the Director considers appropriate;

(C) describe the levels of Federal funding 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, for specific activities, including education, research,

hardware and software development, and support for the

establishment of the Network;

(D) describe the levels of Federal funding for each agency and

department participating in the Program 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;

(E) include the report of the Secretary of Energy required by

section 5523(d) of this title; and

(F) include an analysis of the progress made toward achieving

the goals and priorities established for the Program.

(b) Advisory committee

The President shall establish an advisory committee on

high-performance computing consisting of non-Federal members,

including representatives of the research, education, and library

communities, network providers, and industry, who are specially

qualified to provide the Director with advice and information on

high-performance computing. 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 -

(1) progress made in implementing the Program;

(2) the need to revise the Program;

(3) the balance between the components of the Program;

(4) whether the research and development undertaken pursuant to

the Program is helping to maintain United States leadership in

computing technology; and

(5) other issues identified by the Director.

(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

activities which contributes directly to the Program 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)(3)(A) of this section, 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.

-SOURCE-

(Pub. L. 102-194, title I, Sec. 101, Dec. 9, 1991, 105 Stat. 1595;

Pub. L. 104-66, title I, Sec. 1052(k), Dec. 21, 1995, 109 Stat.

719; Pub. L. 105-305, Sec. 4, Oct. 28, 1998, 112 Stat. 2921.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2)(A), (B). Pub. L. 105-305, Sec. 4(a),

amended subpars. (A) and (B) generally. Prior to amendment,

subpars. read as follows:

''(A) provide for the establishment of policies for management

and access to the Network;

''(B) provide for oversight of the operation and evolution of the

Network;''.

Subsec. (b). Pub. L. 105-305, Sec. 4(b), struck out

''High-performance computing'' before ''advisory committee'' in

heading.

1995 - Subsec. (a)(4)(D) to (F). Pub. L. 104-66 struck out

''and'' at end of subpar. (D), added subpar. (E), and redesignated

former subpar. (E) as (F).

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-EXEC-

EX. ORD. NO. 13035. PRESIDENT'S INFORMATION TECHNOLOGY ADVISORY

COMMITTEE

Ex. Ord. No. 13035, Feb. 11, 1997, 62 F.R. 7131, as amended by

Ex. Ord. No. 13092, July 24, 1998, 63 F.R. 40167; Ex. Ord. No.

13113, Feb. 10, 1999, 64 F.R. 7489; Ex. Ord. No. 13200, Feb. 11,

2001, 66 F.R. 10183; Ex. Ord. No. 13215, May 31, 2001, 66 F.R.

30285, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

High-Performance Computing Act of 1991 (Public Law 102-194)

(''Act'') (15 U.S.C. 5501 et seq.), as amended by the Next

Generation Internet Research Act of 1998 (Public Law 105-305)

(''Research Act'') (see Short Title of 1998 Amendment note set out

under section 5501 of this title), and in order to establish an

advisory committee on high-performance computing and

communications, Information Technology (sic), and the Next

Generation Internet, it is hereby ordered as follows:

Section 1. Establishment. There is established the ''President's

Information Technology Advisory Committee'' (''Committee''). The

Committee shall consist of not more than 30 nonfederal members

appointed by the President, including representatives of the

research, education, and library communities, network providers,

and representatives from critical industries. Members appointed

prior to June 1, 2001, shall serve until December 1, 2001, unless

reappointed by the President. Members appointed or reappointed on

or after June 1, 2001, shall serve for no more than 2 years from

the date of their appointment, unless their period of service is

extended by the President. The President shall designate two

co-chairs from among the members of the Committee. A co-chair may

serve for a term of 2 years or until the end of his or her service

as a member of the Committee, whichever is the shorter period.

Sec. 2. Functions. (a) The Committee shall provide the National

Science and Technology Council (NSTC), through the Director of the

Office of Science and Technology Policy (''Director''), with advice

and information on high-performance computing and communications,

information technology, and the Next Generation Internet. The

Committee shall provide an independent assessment of:

(1) progress made in implementing the High-Performance Computing

and Communications (HPCC) Program;

(2) progress in designing and implementing the Next Generation

Internet initiative;

(3) the need to revise the HPCC Program;

(4) balance among components of the HPCC Program;

(5) whether the research and development undertaken pursuant to

the HPCC Program is helping to maintain United States leadership in

advanced computing and communications technologies and their

applications; and

(6) other issues as specified by the Director.

(b) The Committee shall carry out its responsibilities under the

Research Act in the manner described in the Research Act.

Sec. 3. Administration. To the extent permitted by law and

subject to the availability of appropriations, the Department of

Defense shall provide the financial and administrative support for

the Committee. Further, the Director of the National Coordination

Office for Computing Information, and Communications (''Director of

the NCO'') shall provide such coordination and technical assistance

to the Committee as the co-chairs of the Committee may request.

(a) The heads of executive agencies shall, to the extent

permitted by law, provide to the Committee such information as it

may require for the purpose of carrying out its functions.

(b) The co-chairs may, from time to time, invite experts to

submit information to the Committee and may form subcommittees or

working groups within the Committee to review specific issues.

(c) Members of the Committee shall serve without compensation but

shall be allowed travel expenses, 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. 4. General. (a) Notwithstanding any other Executive order,

the functions of the President under the Federal Advisory Committee

Act, as amended (5 App. U.S.C.), except that of reporting to the

Congress, that are applicable to the Committee shall be performed

by the Director of the NCO in accordance with guidelines that have

been issued by the Administrator of General Services.

(b) The Committee shall terminate June 1, 2003., (sic) unless

extended by the President prior to such date.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5503, 5513, 5523, 5528 of

this title.

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15 USC Sec. 5512 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

SUBCHAPTER I - HIGH-PERFORMANCE COMPUTING AND THE NATIONAL RESEARCH

AND EDUCATION NETWORK

-HEAD-

Sec. 5512. National Research and Education Network

-STATUTE-

(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 December 9, 1991, 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.

-SOURCE-

(Pub. L. 102-194, title I, Sec. 102, Dec. 9, 1991, 105 Stat. 1598.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5503 of this title.

-CITE-

15 USC Sec. 5513 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

SUBCHAPTER I - HIGH-PERFORMANCE COMPUTING AND THE NATIONAL RESEARCH

AND EDUCATION NETWORK

-HEAD-

Sec. 5513. Next Generation Internet

-STATUTE-

(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 5511(b) of this title 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 5511(b) of this title, shall -

(1) assess the extent to which the Next Generation Internet

program -

(A) carries out the purposes of this chapter; 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); (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(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) of this section; 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 October 28, 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.

-SOURCE-

(Pub. L. 102-194, title I, Sec. 103, as added Pub. L. 105-305, Sec.

5, Oct. 28, 1998, 112 Stat. 2921; amended Pub. L. 106-65, div. A,

title X, Sec. 1067(20), Oct. 5, 1999, 113 Stat. 775.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order No. 13035, referred to in subsec. (b), is set out

as a note under section 5511 of this title.

Section 7(1) of the Next Generation Internet Research Act of

1998, referred to in subsec. (b)(1)(B)(i), probably means section

7(a)(1) of Pub. L. 105-305, which is set out as a note under

section 5501 of this title.

The National Science Foundation Authorization Act of 1998,

referred to in subsec. (d)(2), is Pub. L. 105-207, July 29, 1998,

112 Stat. 869. For complete classification of this Act to the Code,

see Short Title of 1998 Amendment note set out under section 1861

of Title 42, The Public Health and Welfare, and Tables.

-MISC2-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-65 substituted ''Committee on

Armed Services of the House'' for ''Committee on National Security

of the House''.

-CITE-

15 USC SUBCHAPTER II - AGENCY ACTIVITIES 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

SUBCHAPTER II - AGENCY ACTIVITIES

.

-HEAD-

SUBCHAPTER II - AGENCY ACTIVITIES

-CITE-

15 USC Sec. 5521 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

SUBCHAPTER II - AGENCY ACTIVITIES

-HEAD-

Sec. 5521. National Science Foundation activities

-STATUTE-

(a) General responsibilities

As part of the Program described in subchapter I of this chapter

-

(1) the National Science Foundation shall provide 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;

(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.

(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.

-SOURCE-

(Pub. L. 102-194, title II, Sec. 201, Dec. 9, 1991, 105 Stat.

1599.)

-CITE-

15 USC Sec. 5522 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

SUBCHAPTER II - AGENCY ACTIVITIES

-HEAD-

Sec. 5522. National Aeronautics and Space Administration activities

-STATUTE-

(a) General responsibilities

As part of the Program described in subchapter I of this chapter,

the National Aeronautics and Space Administration shall conduct

basic and applied research in high-performance computing,

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.

-SOURCE-

(Pub. L. 102-194, title II, Sec. 202, Dec. 9, 1991, 105 Stat.

1600.)

-CITE-

15 USC Sec. 5523 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

SUBCHAPTER II - AGENCY ACTIVITIES

-HEAD-

Sec. 5523. Department of Energy activities

-STATUTE-

(a) General responsibilities

As part of the Program described in subchapter I of this chapter,

the Secretary of Energy shall -

(1) perform research and development on, and systems

evaluations of, high-performance computing and communications

systems;

(2) conduct computational research with emphasis on energy

applications;

(3) support basic research, education, and human resources in

computational science; and

(4) provide for networking infrastructure support for

energy-related mission activities.

(b) Collaborative Consortia

In accordance with the Program, the Secretary of Energy shall

establish High-Performance Computing Research and Development

Collaborative Consortia by soliciting and selecting proposals.

Each Collaborative Consortium shall -

(1) conduct research directed at scientific and technical

problems whose solutions require the application of

high-performance computing and communications resources;

(2) promote the testing and uses of new types of

high-performance computing and related software and equipment;

(3) serve as a vehicle for participating vendors of

high-performance computing systems to test new ideas and

technology in a sophisticated computing environment; and

(4) be led by a Department of Energy national laboratory, and

include participants from Federal agencies and departments,

researchers, private industry, educational institutions, and

others as the Secretary of Energy may deem appropriate.

(c) Technology transfer

The results of research and development carried out under this

section shall be transferred to the private sector and others in

accordance with applicable law.

(d) Reports

Not later than 1 year after December 21, 1995, and thereafter as

part of the report required under section 5511(a)(3)(A) of this

title, the Secretary of Energy shall report on activities taken to

carry out this chapter.

(e) Authorization of appropriations

(1) There are authorized to be appropriated to the Secretary of

Energy for the purposes of the Program $93,000,000 for fiscal year

1992; $110,000,000 for fiscal year 1993; $138,000,000 for fiscal

year 1994: (FOOTNOTE 1) $157,000,000 for fiscal year 1995; and

$169,000,000 for fiscal year 1996.

(FOOTNOTE 1) So in original. Probably should be a semicolon.

(2) There are authorized to be appropriated to the Secretary of

Energy for fiscal years 1992, 1993, 1994, 1995, and 1996, such

funds as may be necessary to carry out the activities that are not

part of the Program but are authorized by this section.

-SOURCE-

(Pub. L. 102-194, title II, Sec. 203, Dec. 9, 1991, 105 Stat. 1600;

Pub. L. 104-66, title I, Sec. 1052(j), Dec. 21, 1995, 109 Stat.

719.)

-COD-

CODIFICATION

December 21, 1995, referred to in subsec. (d), was in the

original ''the date of enactment of this subsection'', which was

translated as meaning the date of enactment of Pub. L. 104-66,

which amended subsec. (d) generally, to reflect the probable intent

of Congress.

-MISC3-

AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-66 amended heading and text of

subsec. (d) generally. Prior to amendment, text read as follows:

''Within one year after December 9, 1991, and every year

thereafter, the Secretary of Energy shall transmit to the Congress

a report on activities taken to carry out this chapter.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5511 of this title.

-CITE-

15 USC Sec. 5524 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 81 - HIGH-PERFORMANCE COMPUTING

SUBCHAPTER II - AGENCY ACTIVITIES

-HEAD-

Sec. 5524. Department of Commerce activities

-STATUTE-

(a) General responsibilities

As part of the Program described in subchapter I of this chapter

-

(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