42 USC 19081 - Facility operation and maintenance

Collapse to view only § 19081. Facility operation and maintenance

§ 19081. Facility operation and maintenance
§ 19082. Reviews
§ 19083. Helium conservation
§ 19084. Advanced computing
§ 19085. National secure data service

§ 19081. Facility operation and maintenance

(a) In general

(b) Cost sharingThe Facility Operation Transition program shall provide funding for 10 to 50 percent of the operations and maintenance costs for major research facilities that are within the first five years of operation, where the share is determined based on—

(1) the operations and maintenance costs of the major research facility; and

(2) the capacity of the managing directorate or division to absorb such costs.

(1) an assessment, that includes feedback from the research community, of the effectiveness of the pilot program for—

(A) supporting research directorates and divisions in balancing investments in research grants and funding for the initial operation and maintenance of major facilities;

(B) incentivizing the development of new world-class facilities;

(D) funding core elements of multi-disciplinary facilities; and

(E) supporting facility divestment costs; and

(2) if deemed effective, a plan for permanent implementation of the pilot program.

(Pub. L. 117–167, div. B, title III, § 10371, Aug. 9, 2022, 136 Stat. 1570.)

§ 19082. Reviews

The Director shall periodically carry out reviews within each of the directorates and divisions to assess the cost and benefits of extending the operations of research facilities that have exceeded their planned operational lifespan.

(Pub. L. 117–167, div. B, title III, § 10372, Aug. 9, 2022, 136 Stat. 1571.)

§ 19083. Helium conservation

(a) Major research instrumentation support

(1) In general

(2) Cost sharing

(b) Annual report

No later than 1 year after August 9, 2022, and annually for the subsequent two years, the Director shall submit an annual report to Congress on the use of funding awarded by the Foundation for the purchase and conservation of helium. The report should include—

(1) the volume and price of helium purchased;

(2) changes in pricing and availability of helium; and

(3) any supply disruptions impacting a substantial number of institutions.

(Pub. L. 117–167, div. B, title III, § 10373, Aug. 9, 2022, 136 Stat. 1571.)

§ 19084. Advanced computing

(a) Computing needs

(b) Reports

To set priorities and guide strategic decisions regarding investments in advanced computing capabilities, the Director shall develop, publish, and regularly update a 5-year advanced computing roadmap that—

(1) describes the advanced computing resources and capabilities that would fully meet anticipated project needs, including through investments in the Mid-Scale Research Infrastructure program and the Major Research Equipment and Facilities Construction account;

(2) draws on community input, information contained in research proposals, allocation requests, insights from Foundation-funded cyber-infrastructure operators, and Foundation-wide information gathering regarding community needs;

(3) considers computational needs of planned major facilities;

(4) reflects anticipated technology trends;

(5) informs users and potential partners about future facilities and services;

(6) addresses the needs of groups historically underrepresented in STEM and geographic regions with low availability and high demand for advanced computing resources;

(7) considers how Foundation-supported advanced computing capabilities can be leveraged for activities through the Directorate for Technology, Innovation, and Partnerships; and

(8) provides an update to Congress about the level of funding necessary to fully meet computational resource needs for the research community.

(d) Securing American research from cyber theft

(1) Omitted

(2) Computing enclave pilot program

(A) In general

(B) Structure

(i) In general

(ii) Geographic dispersal

(D) Program elements

The Director shall work with institutions of higher education selected pursuant to subparagraph (B) to—

(i) develop an approved design blueprint for compliance with Federal data protection protocols;

(ii) develop a comprehensive and confidential list, or a bill of materials, of each binary component of the software, firmware, or product that is required to deploy additional secure computing enclaves;

(iii) develop templates for all policies and procedures required to operate the secure computing enclave in a research setting;

(iv) develop a system security plan template; and

(v) develop a process for managing a plan of action and milestones for the secure computing enclave.

(E) Sustainability

(F) Duration

(G) Report

(i) In general

(ii) Contents

The report required under clause (i) shall include—

(I) an assessment of the pilot program under subparagraph (A), including an assessment of the security benefits provided by such secure computing enclaves;(II) recommendations related to the value of expanding the network of secure computing enclaves; and(III) recommendations on the efficacy of the use of secure computing enclaves by other Federal agencies in a broader effort to expand security of Federal research.

(H) Authorization of appropriations

(Pub. L. 117–167, div. B, title III, § 10374, Aug. 9, 2022, 136 Stat. 1571.)

§ 19085. National secure data service

(a) In general

(b) EstablishmentNot later than one year after August 9, 2022, the Director shall establish a National Secure Data Service demonstration project. The National Secure Data Service demonstration project shall be—

(1) aligned with the principles, best practices, and priority actions recommended by the Advisory Committee on Data for Evidence Building, to the extent feasible; and

(2) operated directly by or via a contract that is managed by the National Center for Science and Engineering Statistics.

(d) Voluntary participation

(e) Privacy and confidentiality protections

(f) Technology and privacy standardsIn carrying out this subsection, the Director shall—

(1) consider application and use only of systems and technologies that incorporate protection measures to reasonably ensure confidential data and statistical products are protected in accordance with obligations under subchapter III of chapter 35 of title 44, including systems and technologies that ensure—

(A) raw data and other sensitive inputs are not accessible to recipients of statistical outputs from the National Secure Data Service demonstration project;

(B) no individual entity’s data or information is revealed by the National Secure Data Service demonstration project platform to any other party in an identifiable form;

(C) no information about the data assets used in the National Secure Data Service demonstration project is revealed to any other party, except as incorporated into the final statistical output;

(D) the National Secure Data Service demonstration project permits only authorized analysts to perform statistical queries necessary to answer approved project questions, and prohibits any other queries; and

(E) the National Secure Data Service demonstration project conducts privacy risk assessments to minimize the privacy risks to individual entities whose data has been made available by a reporting entity, including those privacy risks that could result from data breaches of any system operated by the reporting entity, as well as for determining approved project questions under subparagraph (D) to minimize the privacy risks to individuals affected by uses of the statistical output; and

(2) the National Secure Data Service demonstration project shall implement reasonable measures commensurate with the risks to individuals’ privacy to achieve the outcomes under subparagraphs (A) through (E) of paragraph (1), which may include the appropriate application of privacy-enhancing technologies and appropriate measures to minimize or prevent reidentification risks consistent with any applicable guidance or regulations issued under subchapter III of chapter 35 of title 44.

(g) Transparency

(h) ReportNot later than 2 years after August 9, 2022, the National Secure Data Service demonstration project established under subsection (b) shall submit a report to Congress that includes—

(1) a description of policies for protecting data, consistent with applicable Federal law;

(2) a comprehensive description of all completed or active data linkage activities and projects;

(3) an assessment of the effectiveness of the demonstration project for mitigating risks and removing barriers to a sustained implementation of the National Secure Data Service as recommended by the Commission on Evidence-Based Policymaking; and

(4) if deemed effective by the Director, a plan for scaling up the demonstration project to facilitate data access for evidence building while ensuring transparency and privacy.

(i) Authorization of appropriations

(Pub. L. 117–167, div. B, title III, § 10375, Aug. 9, 2022, 136 Stat. 1574.)