§ 5528. — Fostering United States competitiveness in highperformance computing and related activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5528]
TITLE 15--COMMERCE AND TRADE
CHAPTER 81--HIGH-PERFORMANCE COMPUTING
SUBCHAPTER II--AGENCY ACTIVITIES
Sec. 5528. Fostering United States competitiveness in high-
performance computing and related activities
(a) Findings
The Congress finds the following:
(1) High-performance computing and associated technologies are
critical to the United States economy.
(2) While the United States has led the development of high-
performance computing, United States industry is facing increasing
global competition.
(3) Despite existing international agreements on fair
competition and nondiscrimination in government procurements, there
is increasing concern that such agreements are not being honored,
that more aggressive enforcement of such agreements is needed, and
that additional steps may be required to ensure fair global
competition, particularly in high-technology fields such as high-
performance computing and associated technologies.
(4) It is appropriate for Federal agencies and departments to
use the funds authorized for the Program in a manner which most
effectively fosters the maintenance and development of United States
leadership in high-performance computers and associated technologies
in and for the benefit of the United States.
(5) It is appropriate for Federal agencies and departments to
use the funds authorized for the Program in a manner, consistent
with the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.),
which most effectively fosters reciprocal competitive procurement
treatment by foreign governments for United States high-performance
computing and associated technology products and suppliers.
(b) Annual report
(1) Report
The Director shall submit an annual report to Congress that
identifies--
(A) any grant, contract, cooperative agreement, or
cooperative research and development agreement (as defined under
section 3710a(d)(1) of this title) made or entered into by any
Federal agency or department for research and development under
the Program with--
(i) any company other than a company that is either
incorporated or located in the United States, and that has
majority ownership by individuals who are citizens of the
United States; or
(ii) any educational institution or nonprofit
institution located outside the United States; and
(B) any procurement exceeding $1,000,000 by any Federal
agency or department under the Program for--
(i) unmanufactured articles, materials, or supplies
mined or produced outside the United States; or
(ii) manufactured articles, materials, or supplies other
than those manufactured in the United States substantially
all from articles, materials, or supplies mined, produced,
or manufactured in the United States,
under the meaning of title III of the Act of March 3, 1933 (41
U.S.C. 10a-10d; \1\ popularly known as the Buy American Act) as
amended by the Buy American Act of 1988.
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\1\ See References in Text note below.
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(2) Consolidation of reports
The report required by this subsection may be included with the
report required by section 5511(a)(3)(A) of this title.
(c) Review of Supercomputer Agreement
(1) Report
The Under Secretary for Technology Administration of the
Department of Commerce (in this subsection referred to as the
``Under Secretary'') shall conduct a comprehensive study of the
revised ``Procedures to Introduce Supercomputers'' and the
accompanying exchange of letters between the United States and Japan
dated June 15, 1990 (commonly referred to as the ``Supercomputer
Agreement'') to determine whether the goals and objectives of such
Agreement have been met and to analyze the effects of such Agreement
on United States and Japanese supercomputer manufacturers. Within
180 days after December 9, 1991, the Under Secretary shall submit a
report to Congress containing the results of such study.
(2) Consultation
In conducting the comprehensive study under this subsection, the
Under Secretary shall consult with approprite \2\ Federal agencies
and departments and with United States manufacturers of
supercomputers and other appropriate private sector entities.
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\2\ So in original. Probably should be ``appropriate''.
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(d) Application of Buy American Act
This chapter does not affect the applicability of title III of the
Act of March 3, 1933 (41 U.S.C. 10a-10d; \1\ popularly known as the Buy
American Act), as amended by the Buy American Act of 1988, to
procurements by Federal agencies and departments undertaken as a part of
the Program.
(Pub. L. 102-194, title II, Sec. 208, Dec. 9, 1991, 105 Stat. 1603.)
References in Text
The Trade Agreements Act of 1979, referred to in subsec. (a)(5), is
Pub. L. 96-39, July 26, 1979, 93 Stat. 144, as amended. For complete
classification of this Act to the Code, see References in Text note set
out under section 2501 of Title 19, Customs Duties, and Tables.
Title III of the Act of March 3, 1933, referred to in subsecs.
(b)(1)(B) and (d), is title III of act Mar. 3, 1933, ch. 212, 47 Stat.
1520, as amended, known as the Buy American Act, which is classified
generally to sections 10a, 10b, and 10c of Title 41, Public Contracts.
For complete classification of this Act to the Code, see Short Title
note set out under section 10a of Title 41 and Tables. Section 10d,
included within the reference to 41 U.S.C. 10a-10d, was enacted by act
Oct. 29, 1949, ch. 787, title VI, Sec. 633, 63 Stat. 1024, as amended,
and was not part of title III of act Mar. 3, 1933.
The Buy American Act of 1988, referred to in subsecs. (b)(1)(B) and
(d), is title VII of Pub. L. 100-418, Aug. 23, 1988, 102 Stat. 1545,
which enacted section 10b-1 of Title 41, Public Contracts, amended
sections 2511 and 2515 of Title 19, Customs Duties, and sections 10a,
10b, 10c, and 10d of Title 41, enacted provisions set out as notes under
section 10a of Title 41, and amended provisions set out as notes under
section 10c of Title 41. For complete classification of this Act to the
Code, see Short Title of 1988 Amendment note set out under section 10a
of Title 41 and Tables. For termination of amendments made by this Act,
see section 7004 of Pub. L. 100-418, set out as an Effective and
Termination Dates of 1988 Amendment note under section 10a of Title 41.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which a
report required under subsec. (b)(1) of this section is listed on page
185), see section 3003 of Pub. L. 104-66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance.
