15 U.S.C. § 5541 — Definitions

Page 2207 TITLE 15—COMMERCE AND TRADE § 5541 proposing standards and guidelines needed to as- sure the cost-effective security and privacy of Federal agency information and information systems. (Pub. L. 102–194, title II, § 204, Dec. 9, 1991, 105 Stat. 1601; Pub. L. 114–329, title I, § 105(m), Jan. 6, 2017, 130 Stat. 2984.) Editorial Notes AMENDMENTS 2017—Subsec. (a)(1)(A). Pub. L. 114–329, § 105(m)(1)(A), substituted ‘‘networking and information technology systems and capabilities’’ for ‘‘high-performance com- puting systems and networks’’. Subsec. (a)(1)(B). Pub. L. 114–329, § 105(m)(1)(B), sub- stituted ‘‘interoperability and usability of networking and information technology systems’’ for ‘‘interoper- ability of high-performance computing systems in net- works and for common user interfaces to systems’’. Subsec. (a)(1)(C). Pub. L. 114–329, § 105(m)(1)(C), sub- stituted ‘‘networking and information technology’’ for ‘‘high-performance computing’’. Subsec. (b). Pub. L. 114–329, § 105(m)(2), in heading, substituted ‘‘Networking and information technology’’ for ‘‘High-performance computing and network’’ and, in text, substituted ‘‘The National Institute’’ for ‘‘Pursu- ant to the Computer Security Act of 1987 (Public Law 100–235; 101 Stat. 1724), the National Institute’’ and ‘‘Federal agency information and information sys- tems’’ for ‘‘sensitive information in Federal computer systems’’. Subsecs. (c), (d). Pub. L. 114–329, § 105(m)(3), struck out subsecs. (c) and (d) which required a study of the impact of Federal procurement regulations and author- ized appropriations for fiscal years 1992 to 1996. § 5525. Repealed. Pub. L. 114–329, title I, § 105(n), Jan. 6, 2017, 130 Stat. 2984 Section, Pub. L. 102–194, title II, § 205, Dec. 9, 1991, 105 Stat. 1602, described Environmental Protection Agency activities and authorized appropriations for fiscal years 1992 to 1996. § 5526. Repealed. Pub. L. 114–329, title I, § 105(o), Jan. 6, 2017, 130 Stat. 2984 Section, Pub. L. 102–194, title II, § 206, Dec. 9, 1991, 105 Stat. 1602, described the role of the Department of Edu- cation and authorized appropriations for fiscal years 1992 to 1996. § 5527. Miscellaneous provisions (a) Nonapplicability Except to the extent the appropriate Federal agency or department head determines, the pro- visions of this chapter shall not apply to— (1) programs or activities regarding com- puter systems that process classified informa- tion; or (2) computer systems the function, oper- ation, or use of which are those delineated in section 3552(b)(6)(A)(i) of title 44. (b) Acquisition of prototype and early produc- tion models In accordance with Federal contracting law, Federal agencies and departments participating in the Program may acquire prototype or early production models of new networking and infor- mation technology systems and subsystems to stimulate hardware and software development. Items of computing equipment acquired under this subsection shall be considered research computers for purposes of applicable acquisition regulations. (Pub. L. 102–194, title II, § 207, Dec. 9, 1991, 105 Stat. 1602; Pub. L. 114–329, title I, § 105(p), Jan. 6, 2017, 130 Stat. 2984.) Editorial Notes AMENDMENTS 2017—Subsec. (a)(2). Pub. L. 114–329, § 105(p)(1), sub- stituted ‘‘section 3552(b)(6)(A)(i) of title 44’’ for ‘‘para- graphs (1) through (5) of section 2315(a) of title 10’’. Subsec. (b). Pub. L. 114–329, § 105(p)(2), substituted ‘‘networking and information technology’’ for ‘‘high- performance computing’’. § 5528. Repealed. Pub. L. 114–329, title I, § 105(q), Jan. 6, 2017, 130 Stat. 2984 Section, Pub. L. 102–194, title II, § 208, Dec. 9, 1991, 105 Stat. 1603; Pub. L. 110–69, title III, § 3002(c)(6), Aug. 9, 2007, 121 Stat. 587, related to findings and annual re- ports for fostering United States competitiveness in high-performance computing and related activities. SUBCHAPTER III—DEPARTMENT OF EN- ERGY HIGH-END COMPUTING REVITAL- IZATION § 5541. Definitions In this subchapter: (1) Department The term ‘‘Department’’ means the Depart- ment of Energy. (2) Exascale computing The term ‘‘exascale computing’’ means com- puting through the use of a computing ma- chine that performs near or above 10 to the 18th power operations per second. (3) High-end computing system The term ‘‘high-end computing system’’ means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced sci- entific and engineering applications. (4) Leadership System The term ‘‘Leadership System’’ means a high-end computing system that is among the most advanced in the world in terms of per- formance in solving scientific and engineering problems. (5) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1001(a) of title 20. (6) Secretary The term ‘‘Secretary’’ means the Secretary of Energy. (Pub. L. 108–423, § 2, Nov. 30, 2004, 118 Stat. 2400; Pub. L. 115–246, title III, § 304(b)(2), formerly § 304(a)(2), Sept. 28, 2018, 132 Stat. 3145, renum- bered § 304(b)(2), Pub. L. 117–167, div. B, title I, § 10104(a)(1), Aug. 9, 2022, 136 Stat. 1433.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’, meaning Pub. L. 108–423, Nov. 30, 2004, Page 2208 TITLE 15—COMMERCE AND TRADE § 5542 118 Stat. 2400, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 5501 of this title and Tables. CODIFICATION This section was enacted as part of the American Super Computing Leadership Act of 2017 which com- prises this subchapter, and not as part of the High-Per- formance Computing Act of 1991 which comprises this chapter. AMENDMENTS 2018—Pars. (1) to (5). Pub. L. 115–246, § 304(b)(2)(A), (B), formerly § 304(a)(2)(A), (B), as renumbered by Pub. L. 117–167, added pars. (1) and (2), redesignated former pars. (2) to (4) as (3) to (5), respectively, and struck out former par. (1) which defined ‘‘Center’’. Former par. (5) redesignated (6). Par. (6). Pub. L. 115–246, § 304(b)(2)(A), (C), formerly § 304(a)(2)(A), (C), as renumbered by Pub. L. 117–167, re- designated par. (5) as (6) and struck out ‘‘, acting through the Director of the Office of Science of the De- partment of Energy’’ before period at end. Statutory Notes and Related Subsidiaries SHORT TITLE This subchapter known as the ‘‘American Super Com- puting Leadership Act of 2017’’, see Short Title note set out under section 5501 of this title. § 5542. Department of Energy high-end com- puting research and development program (a) In general The Secretary shall— (1) carry out a coordinated program across the Department of research and development (including development of software and hard- ware) to advance high-end computing systems; and (2) develop and deploy high-end computing systems for advanced scientific and engineer- ing applications. (b) Program The program shall— (1) support both individual investigators and multidisciplinary teams of investigators; (2) conduct research in multiple architec- tures; (3) conduct research on software for high-end computing systems, including research on al- gorithms, programming environments, tools, languages, and operating systems for high-end computing systems, in collaboration with ar- chitecture development efforts; (4) provide for sustained access by the re- search community in the United States to high-end computing systems and to Leader- ship Systems, including provision of technical support for users of such systems; (5) support technology transfer to the pri- vate sector and others in accordance with ap- plicable law; and (6) ensure that the high-end computing ac- tivities of the Department of Energy are co- ordinated with relevant activities in industry and with other Federal agencies, including the National Science Foundation, the Defense Ad- vanced Research Projects Agency, the Na- tional Nuclear Security Administration, the National Security Agency, the National Insti- tutes of Health, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the Na- tional Institutes of Standards and Technology, and the Environmental Protection Agency. (c) Leadership Systems facilities (1) In general As part of the program carried out under this subchapter, the Secretary shall establish and operate 1 or more Leadership Systems fa- cilities to— (A) conduct advanced scientific and engi- neering research and development using Leadership Systems; and (B) develop potential advancements in high-end computing system hardware and software. (2) Administration In carrying out this subsection, the Sec- retary shall provide to Leadership Systems, on a competitive, merit-reviewed basis, access to researchers in United States industry, institu- tions of higher education, national labora- tories, and other Federal agencies. (d) Exascale Computing Program (1) In general The Secretary shall conduct a research pro- gram (referred to in this subsection as the ‘‘Program’’) for exascale computing, including the development of two or more exascale com- puting machine architectures, to promote the missions of the Department. (2) Execution (A) In general In carrying out the Program, the Sec- retary shall— (i) establish two or more National Lab- oratory partnerships with industry part- ners and institutions of higher education for the research and development of two or more exascale computing architectures across all applicable organizations of the Department; (ii) conduct mission-related codesign ac- tivities in developing the exascale com- puting architectures under clause (i); (iii) develop such advancements in hard- ware and software technology as are re- quired to fully realize the potential of an exascale production system in addressing Department target applications and solv- ing scientific problems involving pre- dictive modeling and simulation and large scale data analytics and management; (iv) explore the use of exascale com- puting technologies to advance a broad range of science and engineering; and (v) provide, as appropriate, on a competi- tive, merit-reviewed basis, access for re- searchers in industries in the United States, institutions of higher education, National Laboratories, and other Federal agencies to the exascale computing sys- tems developed pursuant to clause (i). (B) Selection of partners The Secretary shall select the partner- ships with the computing facilities of the