15 U.S.C. § 5501 — Findings

Page 2196 TITLE 15—COMMERCE AND TRADE § 5501 CHAPTER 81—HIGH-PERFORMANCE COMPUTING Sec. 5501. Findings. 5502. Purposes. 5503. Definitions. SUBCHAPTER I—HIGH-PERFORMANCE COMPUTING RESEARCH AND DEVELOPMENT 5511. Networking and Information Technology Re- search and Development Program. 5512. Grand Challenges in areas of national impor- tance. 5513. Repealed. SUBCHAPTER II—AGENCY ACTIVITIES 5521. National Science Foundation activities. 5522. National Aeronautics and Space Administra- tion activities. 5523. Department of Energy activities. 5524. Department of Commerce activities. 5525, 5526. Repealed. 5527. Miscellaneous provisions. 5528. Repealed. SUBCHAPTER III—DEPARTMENT OF ENERGY HIGH-END COMPUTING REVITALIZATION 5541. Definitions. 5542. Department of Energy high-end computing research and development program. 5543. Repealed. 5544. Transferred. § 5501. Findings The Congress finds the following: (1) Advances in computer science and tech- nology are vital to the Nation’s prosperity, na- tional and economic security, industrial pro- duction, engineering, and scientific advance- ment. (2) The United States currently leads the world in the development and use of net- working and information technology, includ- ing 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, ex- panded educational programs, improved com- puter research networks, and more effective technology transfer from government to in- dustry are necessary for the United States to reap fully the benefits of networking and in- formation technology, including high-perform- ance computing. (4) A high-capacity, flexible, high-speed na- tional research and education computer net- work is needed to provide researchers and edu- cators with access to computational and infor- mation resources, act as a test bed for further research and development for high-capacity and high-speed computer networks, and pro- vide researchers the necessary vehicle for con- tinued network technology improvement through research. (5) Several Federal agencies have ongoing networking and information technology, in- cluding high-performance computing, pro- grams, 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 Commu- nications’’ by the Office of Science and Tech- nology Policy, outlining a research and devel- opment strategy for high-performance com- puting, provides a framework for a multi- agency high-performance computing program. Such a program would provide American re- searchers and educators with the computer and information resources they need, and dem- onstrate how advanced computers, high-capac- ity and high-speed networks, and electronic data bases can improve the national informa- tion 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 bur- dens of information access disproportionately borne by rural users of the Internet. (9) Information security is an important part of computing, information, and communica- tions systems and applications, and research into security architectures is a critical aspect of computing, information, and communica- tions research programs. (Pub. L. 102–194, § 2, Dec. 9, 1991, 105 Stat. 1594; Pub. L. 105–305, § 2(b), Oct. 28, 1998, 112 Stat. 2919; Pub. L. 114–329, title I, § 105(b), Jan. 6, 2017, 130 Stat. 2976.) Editorial Notes AMENDMENTS 2017—Par. (2). Pub. L. 114–329, § 105(b)(1), substituted ‘‘networking and information technology, including high-performance computing,’’ for ‘‘high-performance computing’’. Par. (3). Pub. L. 114–329, § 105(b)(2), substituted ‘‘net- working and information technology, including high- performance computing’’ for ‘‘high-performance com- puting’’. Par. (5). Pub. L. 114–329, § 105(b)(1), substituted ‘‘net- working and information technology, including high- performance computing,’’ for ‘‘high-performance com- puting’’. 1998—Par. (4). Pub. L. 105–305, § 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, § 2(b)(2), added pars. (7) to (9). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2017 AMENDMENT Pub. L. 114–329, title I, § 105(a), Jan. 6, 2017, 130 Stat. 2976, provided that: ‘‘This section [enacting section 5512 of this title, amending this section, sections 5502, 5503, 5511, 5521 to 5524, 5527, 7403, and 7431 of this title, and section 17912 of Title 42, The Public Health and Welfare, and repealing sections 5512, 5513, 5525, 5526, 5528, and 5543 of this title] may be cited as the ‘Networking and Information Technology Research and Development Modernization Act of 2016’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–305, § 1, Oct. 28, 1998, 112 Stat. 2919, pro- vided that: ‘‘This Act [enacting section 5513 of this Page 2197 TITLE 15—COMMERCE AND TRADE § 5501 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 Pub. L. 102–194, § 1, Dec. 9, 1991, 105 Stat. 1594, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘High-Performance Computing Act of 1991’.’’ Pub. L. 108–423, § 1, Nov. 30, 2004, 118 Stat. 2400, as amended by Pub. L. 115–246, title III, § 304(b)(1)(A), for- merly § 304(a)(1)(A), Sept. 28, 2018, 132 Stat. 3145, renum- bered § 304(b)(1)(A) by Pub. L. 117–167, div. B, title I, § 10104(a)(1), Aug. 9, 2022, 136 Stat. 1433, provided that: ‘‘This Act [enacting subchapter III of this chapter, amending sections 205l of this title and 1862n–9 of Title 42, The Public Health and Welfare, and enacting provi- sions set out as a note under section 1862n–9 of Title 42] may be cited as the ‘American Super Computing Lead- ership Act of 2017’.’’ CONGRESSIONAL FINDINGS Pub. L. 105–305, § 2(a), Oct. 28, 1998, 112 Stat. 2919, pro- vided that: ‘‘The Congress finds that— ‘‘(1) United States leadership in science and tech- nology has been vital to the Nation’s prosperity, na- tional and economic security, and international com- petitiveness, and there is every reason to believe that maintaining this tradition will lead to long-term con- tinuation of United States strategic advantages in in- formation 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 net- working 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 impor- tant role in keeping citizens informed of the actions of their government; and ‘‘(5) continued inter-agency cooperation is nec- essary to avoid wasteful duplication in Federal net- working research and development programs.’’ PURPOSES Pub. L. 105–305, § 3(a), Oct. 28, 1998, 112 Stat. 2920, pro- vided 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.), re- search 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 interoper- ability among advanced computer networks of Fed- eral agencies and departments; ‘‘(B) focus on research in technology that may re- sult in high-speed data access for users that is both economically viable and does not impose a geo- graphic penalty; and ‘‘(C) encourage researchers to pursue approaches to networking technology that lead to maximally flexible and extensible solutions wherever feasible.’’ DEFINITIONS Pub. L. 105–305, § 7(a), Oct. 28, 1998, 112 Stat. 2924, pro- vided 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 disproportion- ately greater than the costs imposed on users in loca- tions 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 net- works.’’ Executive Documents EX. ORD. NO. 13702. CREATING A NATIONAL STRATEGIC COMPUTING INITIATIVE Ex. Ord. No. 13702, July 29, 2015, 80 F.R. 46177, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and to maximize benefits of high-performance computing (HPC) research, development, and deploy- ment, it is hereby ordered as follows: SECTION 1. Policy. In order to maximize the benefits of HPC for economic competitiveness and scientific dis- covery, the United States Government must create a coordinated Federal strategy in HPC research, develop- ment, and deployment. Investment in HPC has contrib- uted substantially to national economic prosperity and rapidly accelerated scientific discovery. Creating and deploying technology at the leading edge is vital to ad- vancing my Administration’s priorities and spurring innovation. Accordingly, this order establishes the Na- tional Strategic Computing Initiative (NSCI). The NSCI is a whole-of-government effort designed to cre- ate a cohesive, multi-agency strategic vision and Fed- eral investment strategy, executed in collaboration with industry and academia, to maximize the benefits of HPC for the United States. Over the past six decades, U.S. computing capabili- ties have been maintained through continuous research and the development and deployment of new computing systems with rapidly increasing performance on appli- cations of major significance to government, industry, and academia. Maximizing the benefits of HPC in the coming decades will require an effective national re- sponse to increasing demands for computing power, emerging technological challenges and opportunities, and growing economic dependency on and competition with other nations. This national response will require a cohesive, strategic effort within the Federal Govern- ment and a close collaboration between the public and private sectors. It is the policy of the United States to sustain and enhance its scientific, technological, and economic leadership position in HPC research, development, and deployment through a coordinated Federal strategy guided by four principles: (1) The United States must deploy and apply new HPC technologies broadly for economic competitive- ness and scientific discovery. (2) The United States must foster public-private col- laboration, relying on the respective strengths of gov- ernment, industry, and academia to maximize the ben- efits of HPC. (3) The United States must adopt a whole-of-govern- ment approach that draws upon the strengths of and seeks cooperation among all executive departments and agencies with significant expertise or equities in HPC while also collaborating with industry and aca- demia. (4) The United States must develop a comprehensive technical and scientific approach to transition HPC re- Page 2198 TITLE 15—COMMERCE AND TRADE § 5501 search on hardware, system software, development tools, and applications efficiently into development and, ultimately, operations. This order establishes the NSCI to implement this whole-of-government strategy, in collaboration with industry and academia, for HPC research, development, and deployment. SEC. 2. Objectives. Executive departments, agencies, and offices (agencies) participating in the NSCI shall pursue five strategic objectives: (1) Accelerating delivery of a capable exascale com- puting system that integrates hardware and software capability to deliver approximately 100 times the per- formance of current 10 petaflop systems across a range of applications representing government needs. (2) Increasing coherence between the technology base used for modeling and simulation and that used for data analytic computing. (3) Establishing, over the next 15 years, a viable path forward for future HPC systems even after the limits of current semiconductor technology are reached (the ‘‘post-Moore’s Law era’’). (4) Increasing the capacity and capability of an en- during national HPC ecosystem by employing a holistic approach that addresses relevant factors such as net- working technology, workflow, downward scaling, foundational algorithms and software, accessibility, and workforce development. (5) Developing an enduring public-private collabora- tion to ensure that the benefits of the research and de- velopment advances are, to the greatest extent, shared between the United States Government and industrial and academic sectors. SEC. 3. Roles and Responsibilities. To achieve the five strategic objectives, this order identifies lead agencies, foundational research and development agencies, and deployment agencies. Lead agencies are charged with developing and delivering the next generation of inte- grated HPC capability and will engage in mutually sup- portive research and development in hardware and soft- ware, as well as in developing the workforce to support the objectives of the NSCI. Foundational research and development agencies are charged with fundamental scientific discovery work and associated advances in engineering necessary to support the NSCI objectives. Deployment agencies will develop mission-based HPC requirements to influence the early stages of the design of new HPC systems and will seek viewpoints from the private sector and academia on target HPC require- ments. These groups may expand to include other gov- ernment entities as HPC-related mission needs emerge. (a) Lead Agencies. There are three lead agencies for the NSCI: the Department of Energy (DOE), the De- partment of Defense (DOD), and the National Science Foundation (NSF). The DOE Office of Science and DOE National Nuclear Security Administration will execute a joint program focused on advanced simulation through a capable exascale computing program empha- sizing sustained performance on relevant applications and analytic computing to support their missions. NSF will play a central role in scientific discovery advances, the broader HPC ecosystem for scientific discovery, and workforce development. DOD will focus on data analytic computing to support its mission. The assign- ment of these responsibilities reflects the historical roles that each of the lead agencies have played in pushing the frontiers of HPC, and will keep the Nation on the forefront of this strategically important field. The lead agencies will also work with the foundational research and development agencies and the deployment agencies to support the objectives of the NSCI and ad- dress the wide variety of needs across the Federal Gov- ernment. (b) Foundational Research and Development Agencies. There are two foundational research and development agencies for the NSCI: the Intelligence Advanced Re- search Projects Activity (IARPA) and the National In- stitute of Standards and Technology (NIST). IARPA will focus on future computing paradigms offering an alternative to standard semiconductor computing tech- nologies. NIST will focus on measurement science to support future computing technologies. The foundational research and development agencies will coordinate with deployment agencies to enable effec- tive transition of research and development efforts that support the wide variety of requirements across the Federal Government. (c) Deployment Agencies. There are five deployment agencies for the NSCI: the National Aeronautics and Space Administration, the Federal Bureau of Investiga- tion, the National Institutes of Health, the Department of Homeland Security, and the National Oceanic and Atmospheric Administration. These agencies may par- ticipate in the co-design process to integrate the spe- cial requirements of their respective missions and in- fluence the early stages of design of new HPC systems, software, and applications. Agencies will also have the opportunity to participate in testing, supporting work- force development activities, and ensuring effective de- ployment within their mission contexts. SEC. 4. Executive Council. (a) To ensure accountability for and coordination of research, development, and de- ployment activities within the NSCI, there is estab- lished an NSCI Executive Council to be co-chaired by the Director of the Office of Science and Technology Policy (OSTP) and the Director of the Office of Man- agement and Budget (OMB). The Director of OSTP shall designate members of the Executive Council from within the executive branch. The Executive Council will include representatives from agencies with roles and responsibilities as identified in this order. (b) The Executive Council shall coordinate and col- laborate with the National Science and Technology Council established by Executive Order 12881 of Novem- ber 23, 1993, and its subordinate entities as appropriate to ensure that HPC efforts across the Federal Govern- ment are aligned with the NSCI. The Executive Council shall also consult with representatives from other agencies as it determines necessary. The Executive Council may create additional task forces as needed to ensure accountability and coordination. (c) The Executive Council shall meet regularly to as- sess the status of efforts to implement this order. The Executive Council shall meet no less often than twice yearly in the first year after issuance of this order. The Executive Council may revise the meeting frequency as needed thereafter. In the event the Executive Council is unable to reach consensus, the Co-Chairs will be re- sponsible for documenting issues and potential resolu- tions through a process led by OSTP and OMB. (d) The Executive Council will encourage agencies to collaborate with the private sector as appropriate. The Executive Council may seek advice from the Presi- dent’s Council of Advisors on Science and Technology through the Assistant to the President for Science and Technology and may interact with other private sector groups consistent with the Federal Advisory Com- mittee Act. SEC. 5. Implementation. (a) The Executive Council shall, within 90 days of the date of this order, establish an implementation plan to support and align efforts across agencies in support of the NSCI objectives. An- nually thereafter for 5 years, the Executive Council shall update the implementation plan as required and document the progress made in implementing the plan, engaging with the private sector, and taking actions to implement this order. After 5 years, updates to the im- plementation plan may be requested at the discretion of the Co-Chairs. (b) The Co-Chairs shall prepare a report each year until 5 years from the date of this order on the status of the NSCI for the President. After 5 years, reports may be prepared at the discretion of the Co-Chairs. SEC. 6. Definitions. For the purposes of this order: The term ‘‘high-performance computing’’ refers to systems that, through a combination of processing ca- pability and storage capacity, can solve computational problems that are beyond the capability of small- to medium-scale systems. The term ‘‘petaflop’’ refers to the ability to perform one quadrillion arithmetic operations per second. Page 2199 TITLE 15—COMMERCE AND TRADE § 5503 The term ‘‘exascale computing system’’ refers to a system operating at one thousand petaflops. SEC. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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. BARACK OBAMA. § 5502. Purposes The purposes of this chapter are to help ensure the continued leadership of the United States in networking and information technology and its applications by— (1) supporting Federal research, develop- ment, and application of networking and in- formation technology in order to— (A) expand the number of researchers, edu- cators, and students with training in net- working and information technology and ac- cess to networking and information tech- nology resources; (B) promote the further development of an information infrastructure of data bases, services, access mechanisms, and research facilities available for use through the Inter- net; (C) stimulate research on and promote more rapid development of high-end com- puting systems software and applications software; (D) accelerate the development of high-end computing systems and subsystems; (E) provide for the application of net- working and information technology to Grand Challenges; (F) invest in basic research and education, and promote the inclusion of networking and information technology into educational institutions at all levels; and (G) promote greater collaboration among government, Federal laboratories, industry, high-end computing centers, and univer- sities; (2) improving the interagency planning and coordination of Federal research and develop- ment on networking and information tech- nology and maximizing the effectiveness of the Federal Government’s networking and in- formation technology research and develop- ment programs; (3) promoting the more rapid development and wider distribution of networking manage- ment and development tools; and (4) promoting the rapid adoption of open net- work standards. (Pub. L. 102–194, § 3, Dec. 9, 1991, 105 Stat. 1594; Pub. L. 105–305, § 3(b), Oct. 28, 1998, 112 Stat. 2920; Pub. L. 114–329, title I, § 105(c), Jan. 6, 2017, 130 Stat. 2976.) Editorial Notes AMENDMENTS 2017—Pub. L. 114–329, § 105(c)(1), substituted ‘‘net- working and information technology’’ for ‘‘high-per- formance computing’’ in introductory provisions. Par. (1). Pub. L. 114–329, § 105(c)(2)(A), substituted ‘‘supporting Federal research, development, and appli- cation of networking and information technology’’ for ‘‘expanding Federal support for research, development, and application of high-performance computing’’ in in- troductory provisions. Par. (1)(A). Pub. L. 114–329, § 105(c)(2)(B), substituted ‘‘networking and information technology’’ for ‘‘high- performance computing’’ in two places. Par. (1)(C). Pub. L. 114–329, § 105(c)(2)(C), (D), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘stimulate research on software tech- nology;’’. Par. (1)(D). Pub. L. 114–329, § 105(c)(2)(C), (E), (F), re- designated subpar. (E) as (D), inserted ‘‘high-end’’ after ‘‘the development of’’, and struck out former subpar. (D) which read as follows: ‘‘promote the more rapid de- velopment and wider distribution of computing soft- ware tools and applications software;’’. Par. (1)(E), (F). Pub. L. 114–329, § 105(c)(2)(E), (G), re- designated subpars. (F) and (G) as (E) and (F), respec- tively, and substituted ‘‘networking and information technology’’ for ‘‘high-performance computing’’. Former subpar. (E) redesignated (D). Par. (1)(G), (H). Pub. L. 114–329, § 105(c)(2)(E), (H), re- designated subpar. (H) as (G) and substituted ‘‘high- end’’ for ‘‘high-performance’’. Former subpar. (G) redes- ignated (F). Par. (2). Pub. L. 114–329, § 105(c)(3), substituted ‘‘net- working and information technology and’’ for ‘‘high- performance computing and’’ and ‘‘networking and in- formation technology’’ for ‘‘high-performance com- puting network’’. 1998—Pub. L. 105–305, § 3(b)(1), substituted ‘‘Purposes’’ for ‘‘Purpose’’ as section catchline. Pub. L. 105–305, § 3(b)(2), substituted ‘‘purposes of this chapter are’’ for ‘‘purpose of this chapter is’’ in intro- ductory provisions. Par. (1)(A). Pub. L. 105–305, § 3(b)(3), redesignated sub- par. (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, § 3(b)(3), (4), redesignated subpar. (C) as (B) and substituted ‘‘Internet’’ for ‘‘Net- work’’. Former subpar. (B) redesignated (A). Par. (1)(C) to (I). Pub. L. 105–305, § 3(b)(3), (5), redesig- nated subpars. (D) to (I) as (C) to (H), respectively, and struck out ‘‘and’’ at end of par. (H). Par. (2). Pub. L. 105–305, § 3(b)(6), substituted ‘‘net- work research and development programs;’’ for ‘‘ef- forts.’’ Pars. (3), (4). Pub. L. 105–305, § 3(b)(7), added pars. (3) and (4). § 5503. Definitions As used in this chapter, the term— (1) ‘‘cyber-physical systems’’ means physical or engineered systems whose networking and information technology functions and physical elements are deeply integrated and are ac- tively connected to the physical world through sensors, actuators, or other means to enable safe and effective, real-time perform- ance in safety-critical and other applications; (2) ‘‘Director’’ means the Director of the Of- fice of Science and Technology Policy; (3) ‘‘Grand Challenge’’ means a fundamental problem in science or engineering, with broad economic and scientific impact, whose solu- tion will require the application of networking and information technology resources and multidisciplinary teams of researchers;