High-Performance Computing Act of 1991
PL 102-194 (S.272), enacted 12/09/1991

105 STAT. 1594 
PUBLIC LAW 102-194—DEC. 9, 1991 
Public Law 102-194 
102d Congress 
. ,.. 
An Act 
Dec. 9, 1991 
To provide for a coordinated Federed program to ensure continued United States 
[S. 272] 
leadership in high-performance computing. 
Be it enacted by the Senate and House of Representatives of the 
High- 
United States of America in Congress assembled, 
PerformEmce 
Computing Act 
SECTION 1. SHORT TITLE. 
of 1991. 
15 use 5501 
This Act may be cited as the "High-Performance Computing Act 
note. 
of 1991". 
15 use 5501. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Advances in computer science and technology are vital to 
the Nation's prosperity, national and economic security, indus-
trial production, engineering, and scientific advancement. 
(2) The United States currently leads the world in the devel-
opment 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 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. 
(5) Several Federal agencies have ongoing high-performance 
computing programs, but improved long-term interagency co-
ordination, cooperation, and planning would enhance the 
effectiveness of these programs. 
(6) A 1991 report entitled "Grand Challenges: High-Perform-
ance Computing and Communications" by the Office of Science 
and Technology Policy, outlining a research and development 
strategy for high-performsmce 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. 
15 use 5502. 
SEC. 3. PURPOSE. 
The purpose of this Act is to help ensure the continued leadership 
of the United States in high-performance computing and its applica-
tions by— 
PUBLIC LAW 102-194—DEC. 9, 1991 
105 STAT. 1595 
(1) expanding Federal support for research, development, and 
application of high-performance computing in order to— 
(A) establish a high-capacity and high-speed National 
Research and Education Network; 
(B) expand the number of researchers, educators, and 
students with training in high-performance computing and 
access to high-performance computing resources; 
• 
(C) promote the further development of an information 
infrastructure of data bases, services, access mechanisms, 
and research facilities available for use through the Net-
work; 
(D) stimulate research on software technology; 
(E) promote the more rapid development and wider dis-
tribution of computing software tools and applications soft-
ware; 
(F) accelerate the development of computing systems and 
subsystems; 
(G) provide for the application of high-performance 
computing to Grand Challenges; 
(H) invest in basic research and education, and promote 
the inclusion of high-performance computing into edu-
cational institutions at all levels; and 
(I) promote greater collaboration among government. 
Federal laboratories, industry, high-performance comput-
ing centers, and universities; and 
(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 efforts. 
SEC. 4. DEFINITIONS. 
15 USC 5503. 
As used in this Act, the term— 
(1) "Director" means the Director of the Office of Science and 
Technology Policy; 
(2) "Grand Challenge" means a fundamental problem in sci-
ence 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 comput-
ing, 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 experi-
mental systems, and applications and systems software; 
(4) "Network" means a computer network referred to as the 
National Research and Education Network established under 
section 102; and 
(5) "Program" 
means 
the 
National 
High-Performance 
Computing Program described in section 101. 
TITLE I—HIGH-PERFORMANCE COMPUTING AND THE 
NATIONAL RESEARCH AND EDUCATION NETWORK 
SEC. 101. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM. 
15 USC 5511. 
(a) NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM.—(1) The President. 
President shall implement a National High-Performance Computing 
Program, which shall— 
105 STAT. 1596 
PUBLIC LAW 102-194—DEC. 9,1991 
(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 Pr(^am. 
(2) The Program shall— 
(A) provide for the establishment of policies for meinagement 
and access to the Network; 
(B) provide for oversight of the operation and evolution of the 
Network; 
(C) promote connectivity among computer networks of Fed-
eral agencies and departments; 
(D) provide for efforts to increase software availability, 
productivity, capability, portability, and reliability; 
(E) provide for improved dissemmation 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 devel-
opment of high-performance computing software and hardware 
needed to address Grand Challenges; 
(H) provide for educating and training additional undergradu-
ate and graduate students in software engineering, computer 
science, library and information science, and computational 
science; £md 
(I) provide— 
(i) for the security requirements, policies, and standards 
necessary to protect Federal research computer networks 
and information resources accessible through Federal re-
search computer networks, including research required to 
establish security standards for high-performance comput-
ing S3rstems and networks; and 
(ii) that agencies and departments identified in the 
annual report submitted tmder paragraph (3XA) shall 
define and implement a security plan consistent with the 
Program and with applicable law. 
(3) The Director shall— 
Reports- 
(A) submit to the Congress an annual report, along with the 
President's annual budget request, describing the implementa-
tion of the Prc^am; 
(B) provide for interagency coordination of the Program; and 
(C) consult with academic. State, industry, and other appro-
priate groups conducting research on and using high-perform-
ance computing. 
(4) The annual report submitted under paragraph (3XA) shall— 
(A) include a detailed description of the goala and priorities 
established by the President for the Program; 
(B) set forth the relevant pr(^ams and activities, for the 
fiscal year with respect to which the bucket 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; 
, 
PUBLIC LAW 102-194—DEC. 9, 1991 
105 STAT. 1597 
(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; and 
(E) include an analysis of the progress made toward achieving 
the goals and priorities established for the Program. 
(b) HIGH-PERFORMANCE COMPUTING ADVISORY COMMITTEE.—The President. 
President shall establish an advisory committee on high-perform-
ance computing consisting of non-Federal members, including rep-
resentatives 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-perform-
ance 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 pursu-
ant to the Program is helping to maintain United States leader-
ship in computing technology; and 
(5) other issues identified by the Director. 
(c) OFFICE OF MANAGEMENT AND BUDGET.—(1) Each Federal 
Reports, 
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), 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. 
105 STAT. 1598 
PUBLIC LAW 102-194—DEC. 9, 1991 
15 use 5512. 
SEC. 102. NATIONAL RESEARCH AND EDUCATION NETWORK. 
(a) EsTABUSHMENT.—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 Eigencies participating in the Program 
shall support the establishment of the National Research and Edu-
cation 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, librar-
ies, educational institutions and organizations, and others, as appro-
priate, 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 organiza-
tions. 
(c) NETWORK CHARACTERISTICS.—The Network shall— 
(1) be developed and deployed with the computer, tele-
communications, and information industries; 
(2) be designed, developed, and operated in collaboration with 
potential users in government, industry, and research institu-
tions and educational institutions; 
(3) be designed, developed, and operated in a manner which 
fosters and maintains competition and private sector invest-
ment in high-speed data networking within the telecommuni-
cations industry; 
(4) be designed, developed, and operated in a manner which 
promotes research and development leading to development of 
commercial data communications and 
telecommunications 
stamdards, 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 re-
sources security mesisures, including those that protect copy-
right 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 tech-
nically 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 trans-
mission 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 
PUBLIC LAW 102-194—DEC. 9, 1991 
105 STAT. 1599 
(10) serve as a test bed for further research and development 
of high-capacity and high-speed computing networks and dem-
onstrate 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 RESPONSIBIL-
ITY.—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 Presi-
dent 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 in-
clude 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 the date of 
enactment of this Act, 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, indus-
try support, and continued Federal investment; 
(2) the future operation and evolution of the Network; 
(3) how commercigd 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. 
TITLE II—AGENCY ACTIVITIES 
SEC. 201. NATIONAL SCIENCE FOUNDATION ACTIVITIES. 
15 USC 5521. 
(a) GENERAL RESPONSIBIUTIES.—As part of the Program described 
in title I— 
(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 pri-
vate sector, the National Science Foundation shall have pri-
105 STAT. 1600 
PUBLIC LAW 102-194—DEC. 9, 1991 
mary responsibility for assisting colleges, universities, and li-
braries to connect to the Network; 
(3) the National Science Foundation shall serve as the pri-
mary source of information on access to and use of the Network; 
and 
(4) the National Science Foundation shall upgrade the Na-
tional Science Foundation funded network, assist regional net-
works 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 appro-
priated 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. 
15 use 5522. 
SEC. 202. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACTIVI-
TIES. 
(a) GENERAL RESPONSIBIUTIES.—As part of the Program described 
in title I, 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 appro-
priated 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. 
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SEC. 203. DEPARTMENT OF ENERGY ACTIVITIES. 
(a) GENERAL RESPONSIBIUTIES.—As part of the Program described 
in title I, the Secretary of Energy shall— 
(1) perform research and development on, and systems evalua-
tions of, high-performance computing and communications sys-
tems; 
(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. 
O
t
»
) COLLABORATIVE CONSORTIA.—In accordance with the Program, 
the Secretary of Energy shall establish High-Performance Comput-
ing Research and Development Collaborative Consortia by soliciting 
and selecting proposals. Each Collaborative Consortium shall— 
(1) conduct research directed at scientific and technical prob-
lems whose solutions require the application of high-perform-
ance computing and communications resources; 
(2) promote the testing and uses of new types of high-perform-
ance computing and related software and equipment; 
(3) serve as a vehicle for participating vendors of high-
performance computing systems to test new ideas and tech-
nology in a sophisticated computing environment; and 
PUBLIC LAW 102-194—DEC. 9, 1991 
105 STAT. 1601 
(4) be led by a Department of Energy national laboratory, and 
include participants ft-om 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 develop-
ment carried out under this section shall be transferred to the 
private sector and others in accordance with applicable law. 
(d) ANNUAL REPORTS TO CONGRESS.—Within one year after the 
date of enactment of this Act and every year thereafter, the Sec-
retary of Energy shall transmit to the Congress a report on activi-
ties taken to carry out this Act. 
(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: $157,000,000 for fiscal year 
1995; and $169,000,000 for fiscal year 1996. 
(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. 
SEC. 204. DEPARTMENT OF COMMERCE ACTIVITIES. 
15 USC 5524. 
(a) GENERAL RESPONSIBIUTIES.—As part of the Program described 
in title I— 
(1) the National Institute of Standards and Technology 
shall— 
(A) conduct basic and applied measurement research 
needed to support various high-performance computing sys-
tems and networks; 
(B) develop and propose standards and guidelines, and 
develop measurement techniques and test methods, for the 
interoperability of high-performance computing systems in 
networks and for common user interfaces to systems; and 
(C) be responsible for developing benchmark tests and 
standards for high-performance computing systems and 
software; and 
(2) the National Oceanic and Atmospheric Administration 
shall conduct basic and applied research in weather prediction 
and ocean sciences, particularly in development of new forecast 
models, in computational fluid dynamics, and in the incorpora-
tion of evolving computer architectures and networks into the 
systems that carry out agency missions. 
(b) HIGH-PERFORMANCE COMPUTING AND NETWORK SECURITY.— 
Pursuant to the Computer Security Act of 1987 (Public Law 100-235; 
101 Stat. 1724), the National Institute of Standards and Technology 
shall be responsible for developing and proposing standards and 
guidelines needed to assure the cost-effective security and privacy of 
sensitive information in Federal computer systems. 
(c) STUDY OF IMPACT OF FEDERAL PROCUREMENT REGULATIONS.—(1) 
The Secretary of Commerce shall conduct a study to— 
(A) evaluate the impact of Federal procurement regulations 
that require that contractors providing software to the Federal 
Government share the rights to proprietary software develop-
ment tools that the contractors use to develop the software; and 
(B) determine whether such regulations discourage develop-
ment of improved software development tools and techniques. 
105 STAT. 1602 
PUBLIC LAW 102-194—DEC. 9, 1991 
Reports. 
(2) The Secretary of Commerce shall, within one year after the 
date of enactment of this Act, report to the Congress regarding the 
results of the study conducted under paragraph (1). 
(d) AUTHORIZATION OF APPROPRIATIONS.—From sums otherwise 
authorized to be appropriated, there are authorized to be appro-
priated— 
(1) to the National Institute of Standards and Technology for 
the purposes of the Program $3,000,000 for fiscal year 1992; 
$4,000,000 for fiscal year 1993; $5,000,000 for fiscal year 1994; 
$6,000,000 for fiscal year 1995; and $7,000,000 for fiscal year 
1996; and 
(2) to the National Oceanic and Atmospheric Administration 
for the purposes of the Program $2,500,000 for fiscal year 1992; 
$3,000,000 for fiscal year 1993; $3,500,000 for fiscal year 1994; 
$4,000,000 for fiscal year 1995; and $4,500,000 for fiscal year 
1996. 
15 use 5525. 
SEC. 205. ENVIRONMENTAL PROTECTION AGENCY ACTIVITIES. 
(a) GENERAL RESPONSIBILITIES.—As part of the Program described 
in title I, the Environmental Protection Agency shall conduct basic 
and applied research directed toward the advancement and dissemi-
'" 
nation of computational techniques and software tools which form 
the core of ecosystem, atmospheric chemistry, and atmospheric 
djoiamics models. 
(b) AUTHORIZATION OF APPROPRIATIONS.—From sums otherwise 
authorized to be appropriated, there are authorized to be appro-
priated to the Environmental Protection Agency for the purposes of 
the Program $5,000,000 for fiscal year 1992; $5,500,000 for fiscal year 
1993; $6,000,000 for fiscal year 1994; $6,500,000 for fiscal year 1995; 
and $7,000,000 for fiscal year 1996. 
15 use 5526. 
SEC. 206. ROLE OF THE DEPARTMENT OF EDUCATION. 
(a) GENERAL RESPONSIBILITIES.—As part of the Program described 
in title I, the Secretary of Education is authorized to conduct basic 
and applied research in computational research with an emphasis 
on the coordination of activities with libraries, school facilities, and 
education research groups with respect to the advancement and 
dissemination of computational science and the development, 
evaluation and application of software capabilities. 
(b) AUTHORIZATION OF APPROPRIATIONS.—From sums otherwise 
authorized to be appropriated, there are authorized to be appro-
priated to the Department of Bkiucation for the purposes of this 
section $1,500,000 for fiscal year 1992; $1,700,000 for fiscal year 1993; 
$1,900,000 for fiscal year 1994; $2,100,000 for fiscal year 1995; and 
$2,300,000 for fiscal year 1996. 
15 use 5527. 
SEC. 207. MISCELLANEOUS PROVISIONS. 
(a) NoNAPPUCABiUTY.—Except to the extent the appropriate Fed-
eral agency or department head determines, the provisions of this 
Act shall not apply to— 
(1) programs or activities regarding computer systems that 
process clsussified information; or 
(2) computer systems the function, operation, or use of which 
are those delineated in paragraphs (1) through (5) of section 
2315(a) of title 10, United States Code. 
(b) ACQUISITION OF PROTOTYPE AND EARLY PRODUCTION MODELS.— 
In accordance with Federal contracting law. Federal agencies and 
PUBLIC LAW 102-194—DEC. 9, 1991 
105 STAT. 1603 
departments participating in the Program may acquire prototype or 
early production models of new high-performance computing sys-
tems and subsystems to stimulate hardware and software develop-
ment. Items of computing equipment acquired under this subsection 
shall be considered research computers for purposes of applicable 
acquisition regulations. 
SEC. 
208. FOSTERING UNITED STATES COMPETITIVENESS IN HIGH- 
15 USC 5528. 
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 competi-
tion and nondiscrimination in government procurements, there 
is increasing concern that such agreements are not being hon-
ored, 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, consist-
ent 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 co-
operative research and development agreement (as defined 
under section 12(dXl) of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a(dXl)) made or en-
tered into by any Federal agency or department for re-
search 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 institu-
tion located outside the United States; and 
i 
(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 
substauitially all from articles, materials, or supplies 
105 STAT. 1604 
PUBLIC LAW 102-194—DEC. 9, 1991 
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. lOa-lOd; popularly known as the Buy American 
Act) as amended by the Buy American Act of 1988. 
(2) CoNSOUDATiON OF REPORTS.—The report required by this 
subsection may be included with the report required by section 
101(aX3XA). 
(c) REVIEW OF SUPERCOMPUTER AGREEMENT.— 
(1) REPORT.—The Under Secretary for Technology Adminis-
tration of the Department of Commerce (in this subsection 
referred to as the "Under Secretary") shall conduct a com-
prehensive 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 the date of enactment of this Act, 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 Federal agencies and departments and with United 
States manufacturers of supercomputers and other appropriate 
private sector entities. 
(d) APPIJCATION OF BUY AMERICAN ACT.—This Act does not affect 
the applicability of title IH of the Act of March 3, 1933 (41 U.S.C. 
lOa-lOd; 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. 
Approved December 9, 1991. 
LEGISLATIVE HISTORY—S. 272 (H.R. 656): 
HOUSE REPORTS: No. 102-66, Pt. 1 (Comm. on Science, Space, and Technology) and 
Ft. 2 (C!omm. on Education and Labor), both accompanying 
H.R. 656. 
SENATE REPORTS: No. 102-57 (Comm. on Ck>mmerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
July 11, H.R. 656 considered and passed House. 
Sept. 11, S. 272 considered and passed Senate. H.R. 656 considered and passed 
Senate, amended. 
Nov. 20, S. 272 considered and passed House, amended. 
Nov. 22, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Dec. 9, Presidential remarks.