For All SYSOPS and USERS to Consider and Share Response To: The Proposed ... HIGH PERFORMANCE COMPUTING ACT OF 1991 The following was introduced as a Proposed Bill to the United States Senate in the 102nd Congress, 1st Session. It was "referred to committee". So while the government ponders improving the substance and effects of such a bill, you also can put your thoughts into what this means to the BBSing community. You have an opportunity to contact your Congressmen or Congresswomen and give your viewpoints, your Networks concerns, and your positive suggestions before a regulation of this type is "Chipped in Stone". Thus, we as participants in this type of Federal regulation help form Consensus Vote as to final design of such regulations in law. It's yours, or our Constitutional Right! In reviewing the proposed Bill, you may have Questions as to: 1. Is this creating another "necessary" bureaucracy to any larger extent than really needed? 2. Does this affect individual Private BBSes as to new law, and possible unreasonable fees? 3. Will the US Government become Earth's largest BBS charging "fees" for "common ground" use by only USA taxpayers? 4. Should Foreign Governments have access rights and pay fees? 5. Who Benefits the most from these types of regulation? Taxpayers? Big USA or Foreign corporations? How? Why? 6. Can you cut through the verbiage and simply outline Real NEEDS for a simpler to understand law? 7. If a law is voted necessary by consensus, what other considerations would you suggest be included? What about protecting the thousands of SYSOPS from undue regulation, confiscation of property and/or prosecution without due cause? What are the parameters of such "due cause". 8. Is this proposed Law just another clever way of structuring INTERNET, or will it permeate all SYSOPS' Freedom of Speech or restrict creative BBS activities? 9. Are any "Big" Corporations benefiting if this kind of law is implemented. How about foreign corporations? 10. Are there enough laws already governing the institutions targeted to participate? If so, why more? If not, should it be the targeted audience paying the "fees" and not the general public tax-base? Perhaps the companies that benefit from this law should pay "fees" to support the structure? - - - - - - - - - - - - - - - - - The above thoughts are Shared with You by a Concerned BBS Sysop of the: AGRIC<+>FOOD INNOVATIONS & TRADE NETWORK BBS at-> 209-527-2944 8/N/1 24Hrs 2400/9600+ Please share Your Comments and Suggestions with Your Congressional Representatives and our BBS! Feel FREE to upload this file to other BBS'es in your area. Help Define & build a TRUE National Consensus on this vital Issue! - - - - - - - - - - - - - - Proposed-> "HIGH PERFORMANCE COMPUTING ACT OF 1991" 102nd congress 1st Session 272 IN THE SENATE OF THE UNITED STATES Mr. Gore (for himself, Mr. Hollings, Mr. Kennedy, Mr. Pressler, Mr. Ford, Mr. Breaux, Mr. Bingaman, Mr. Robb, Mr. Kerry, Mr. Kasten, Mr. Glenn, Mr. Jeffords, Mr. Kerrey, Mr. Reid, Mr. Durenberger, Mr. Hatfield, Mr. Kohl, and Mr. Conrad introduced the following bill; which was read twice and referred to the Committee on _______________________. A BILL To provide for a coordinated Federal research program to ensure continued United States leadership in high-performance computing. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "High-Performance Computing Act of 1991". SEC. 2. FINDINGS AND PURPOSE. -1- 1 (a) The Congress finds the following: 2 (1) Advances in computer science and technology are 3 vital to the Nation's prosperity, national and economic 4 security, and scientific advancement. 5 (2) The United States currently leads the world in 6 the development and use of high-performance computing 7 for national security, industrial productivity, and 8 science and engineering, but that lead is being 9 challenged by foreign competitors. lO (3) Further research, improved computer research 11 networks, and more effective technology transfer from l2 government to industry are necessary for the United 13 States to fully reap the benefits of high-performance 14 computing. 15 (4) Several Federal agencies have ongoing 16 high-performance computing programs, but improved 17 interagency coordination, cooperation, and planning 18 could enhance the effectiveness of these programs. 19 (5) A 1989 report by the Office of Science and 20 Technology Policy outlining a research and development 21 strategy for high-performance computing provides a 22 framework for a multi-agency high-performance computing 23 program. 24 (b) It is the purpose of Congress in this Act to help 25 ensure the continued leadership of the United States in -2- 1 high-performance computing and its applications. This 2 requires that the United States Government-- 3 (1) expand Federal support for research, 4 development, and application of high-performance 5 computing in order to-- 6 (A) establish a high-capacity national 7 research and education computer network; 8 (B) expand the number of researchers, 9 educators, and students with training in 10 high-performance computing and access to 11 high-performance computing resources; l2 (C) develop an information infrastructure of 13 data bases, services, access mechanisms, and 14 research facilities which is available for use 15 through such a national network; 16 (D) stimulate research on software technology; 17 (E) promote the more rapid development and 18 wider distribution of computer software tools and 19 applications software; 20 (F) accelerate the development of computer 21 systems and subsystems; 22 (G) provide for the application of 23 high-performance computing to Grand Challenges; and 24 (H) invest in basic research and education; 25 and -3- 1 (2) improve planning and coordination of Federal 2 research and development on high-performance computing. 3 SEC. 3. DEFINITIONS. 4 As used in this Act, the term-- 5 (1) "Director" means the Director of the Office of 6 Science and Technology Policy; and 7 (2) "Council" means the Federal Coordinating 8 Council for Science, Engineering, and Technology chaired 9 by the Director of the Office of Science and Technology 10 Policy. 11 SEC. 4. MISCELLANEOUS PROVISIONS. 12 (a) Except to the extent the appropriate Federal agency 13 or department head determines, the provisions of this Act 14 shall not apply to-- 15 (1) programs or activities regarding computer 16 systems that process classified information; or 17 (2) computer systems the function, operation, or 18 use of which are those delineated in paragraphs (1) 19 through (5) of section 2315(a) of title 10, United 20 States Code. 21 (b) Where appropriate, and in accordance with Federal 22 contracting law, Federal agencies and departments shall 23 procure prototype or early production models of new 24 high-performance computer systems and subsystems to stimulate 25 hardware and software development. -4- 1 SEC. 5. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM. 2 The National Science and Technology Policy, 3 Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et 4 seq.) is amended by adding at the end the following new 5 title: 6 "TITLE VII--NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM 7 "NATIONAL HIGH-PERFORMANCE COMPUTING PLAN 8 "SEC. 701.(a)(1) The President, through the Federal 9 Coordinating Council for Science, Engineering, and Technology 10 (hereafter in this title referred to as the `Council'), 11 shall, in accordance with the provisions of this title-- 12 "(A) develop and implement a National 13 High-Performance Computing Plan (hereafter in this title 14 referred to as the `Plan'); and 15 "(B) provide for interagency coordination of the 16 Federal high-performance computing program established 17 by this title. 18 The Plan shall contain recommendations for a five-year 19 national effort and shall be submitted to the Congress within 20 one year after the date of enactment of this title. The Plan 21 shall be resubmitted upon revision at least once every two 22 years thereafter. 23 "(2) The Plan shall- "(A) establish the goals and priorities for a 25 Federal high-performance computing program for the -5- D 1 fiscal year in which the Plan (or revised Plan) is 2 submitted and the succeeding four fiscal years; 3 "(B) set forth the role of each Federal agency and 4 department in implementing the Plan; and 5 "(C) describe the levels of Federal funding for 6 each agency and department and specific activities, 7 including education, research activities, hardware and 8 software development, establishment of a national 9 gigabits-per-second computer network, to be known as the 10 National Research and Education Network, and acquisition 11 and operating expenses for computers and computer 12 networks, required to achieve the goals and priorities' 13 established under subparagraph (A). 14 "(3) The Plan shall address, where appropriate, the 15 relevant programs and activities of the following Federal 16 agencies and departments: 17 "(A) the National Science Foundation; 18 "(B) the Department of Commerce, particularly the 19 National Institute of Standards and Technology, the 20 National Oceanic and Atmospheric Administration, and the 21 National Telecommunications and Information 22 Administration; 23 "(C) the National Aeronautics and Space 24 Administration; -6- 1 "(D) the Department of Defense, particularly the 2 Defense Advanced Research Projects Agency; 3 "(E) the Department of Energy; 4 "(F) the Department of Health and Human Services, 5 particularly the National Institutes of Health and the 6 National Library of Medicine; 7 "(G) the Department of Education; 8 "(H) the Department of Agriculture, particularly 9 the National Agricultural Library; and 10 "(I) such other agencies and departments as the 11 President or the Chairman of the Council considers 12 appropriate. 13 "(4) In addition, the Plan shall take into consideration 14 the present and planned activities of the Library 15 of Congress, as appropriate by the Librarian of Congress. 16 "(5) The Plan shall identify how agencies and 17 departments can collaborate to-- 18 "(A) ensure interoperability among computer 19 networks run by the agencies and departments; 20 "(B) increase software productivity, capability, 21 portability, and reliability; 22 "(C) expand efforts to improve, document, and 23 evaluate unclassified public-domain software developed 24 by federally-funded researchers and other software, -7- 1 including federally-funded educational and training 2 software; 3 "(D) cooperate, where appropriate, with industry in 4 development and exchange of software; 5 "(E) distribute software among the agencies and 6 departments; 7 "(F) distribute federally-funded software to State 8 and local governments, industry, and universities; 9 "(G) accelerate the development of high performance 10 computer systems, subsystems, and associated 11 software; "(H) provide the technical support and research and 12 development of high-performance computer software and 13 hardware needed to address Grand Challenges in 14 astrophysics, geophysics, engineering, materials, 15 biochemistry, plasma physics, weather and climate 16 forecasting, and other fields; 17 "(I) provide for educating and training additional 18 undergraduate and graduate students in software 19 engineering, computer science, and computational 20 science; and 21 "(J) identify agency rules, regulations, policies, 22 and practices which can be changed to significantly 23 improve utilization of Federal high-performance 24 computing and network facilities, and make -8- 1 recommendations to such agencies for appropriate 2 changes.. 3 "(6) The Plan shall address the security requirements 4 and policies necessary to protect Federal research computer 5 networks and information resources accessible through Federal 6 research computer networks. Agencies identified in the Plan 7 shall define and implement a security plan consistent with 8 the Plan. 9 "(b) The Council shall-- l0 "(1) serve as lead entity responsible for 11 development of the Plan and interagency coordination of 12 the program established under the Plan; 13 "(2) coordinate the high-performance computing 14 research and development activities of Federal agencies 15 and departments and report at least annually to the 16 President, through the Chairman of the Council, on any 17 recommended changes in agency or departmental roles that 18 are needed to better implement the Plan; 19 "(3) review, prior to the President's submission to 20 the Congress of the annual budget estimate, each agency 21 and departmental budget estimate in the context of the 22 Plan and make the results of that review available to 23 the appropriate elements of the Executive Office of the 24 President, particularly the Office of Management and 25 Budget; and -9- 1 "(4) consult and coordinate with Federal agencies, 2 academic; State, industry, and other appropriate groups 3 conducting research on high-performance computing. 4 "(c) The Director of the Office of Science and 5 Technology Policy shall establish a High-Performance 6 Computing Advisory Panel consisting of prominent 7 representatives from industry and academia who are specially 8 qualified to provide the Council with advice and information 9 on high-performance computing. The Panel shall provide the 10 Council with an independent assessment of -- 11 "(1) progress made in implementing the Plan; 12 "(2) the need to revise the Plan; 13 "(3) the balance between the components of the 14 Plan; 15 "(4) whether the research and development funded 16 under the Plan is helping to maintain United States 17 leadership in computing technology; and 18 "(5) other issues identified by the Director. 19 "(d)(1) Each appropriate Federal agency and department 20 involved in high-performance computing shall, as part of its 21 annual request for appropriations to the Office of Management 22 and Budget, submit a report to the Office identifying each 23 element of its high-performance computing activities, which-- 24 "(A) specifies whether each such element (i) 25 contributes primarily to the implementation of the Plan -10- 1 or (ii) contributes primarily to the achievement of 2 other objectives but aids Plan implementation in 3 important ways; and 4 "(B) states the portion of its request for 5 appropriations that is allocated to each such element. 6 "(2) The Office of Management and Budget shall review 7 each such report in light of the goals, priorities, and 8 agency and departmental responsibilities set forth in the 9 Plan, and shall include, in the President's annual budget 10 estimate, a statement of the portion of each appropriate 11 agency or department's annual budget estimate that is 12 allocated to each element of such agency or department's 13 high-performance computing activities. 14 "(e) As used in this section, the term `Grand Challenge' 15 means a fundamental problem in science and engineering, with 16 broad economic and scientific impact, whose solution will 17 require the application of high-performance computing 18 resources. 19 "ANNUAL REPORT 20 "SEC. 702. The Chairman of the Council shall prepare and 21 submit to the President and the Congress, not later than 22 March 1 of each year, an annual report on the activities 23 conducted pursuant to this title during the preceding fiscal 24 year, including-- -11- 1 "(1) a summary of the achievements of Federal 2 high-performance competing research and development 3 efforts during that preceding fiscal year; 4 "(2) an analysis of the progress made toward 5 achieving the goals and objectives of the Plan; 6 "(3) a copy and summary of the Plan and any changes 7 made in such Plan; 8 "(4) a summary of appropriate agency budgets for 9 high-performance computing activities for that preceding 10 fiscal year; and 11 "(5) any recommendations regarding additional 12 action or legislation which may be required to assist in 13 achieving the purposes of this title.". 14 SEC. 6. NATIONAL RESEARCH AND EDUCATION NETWORK. 15 (a) In accordance with the Plan developed under section 16 701 of the National Science and Technology Policy, 17 Organization and Priorities Act of 1976 (42 U.S.C. 6601 et 18 seq.), as added by section 5 of this Act, the National 19 Science Foundation, in cooperation with the Department of 20 Defense, the Department of Energy, the Department of 21 Commerce, the National Aeronautics and Space Administration, 22 and other appropriate agencies, shall provide for the 23 establishment of a national multi-gigabit-per-second research 24 and education computer network by 1996, to be known as the 25 National Research and Education Network (hereinafter referred -12- 1 to as the "Network"), which shall link government, industry, 2 and the education community. 3 (b) The Network shall provide users with appropriate 4 access to supercomputers, computer data bases, other research 5 facilities, and libraries. 6 (c) The Network shall-- 7 (1) be developed in close cooperation with the 8 computer, telecommunications, and information 9 industries; 10 (2) be designed and developed with the advice of 11 potential users in government, industry, and the higher 12 education community; 13 (3) be established in a manner which fosters and 14 maintains competition and private sector investment in 15 high speed data networking within the telecommunications 16 industry; 17 (4) be established in a manner which promotes 18 research and development leading to deployment of 19 commercial data communications and telecommunications 20 standards; 21 (5) where technically feasible, have accounting 22 mechanisms which allow, where appropriate, users or 23 groups of users to be charged for their usage of the 24 Network and copyrighted materials available over the 25 Network; and -13- 1 (6) be phased into commercial operation as 2 commercial networks can meet the networking needs of 3 American researchers and educators. 4 (d) The Department of Defense, through the Defense 5 Advanced Research Projects Agency, shall be lead agency for 6 research and development of advanced fiber optics technology, 7 switches, and protocols needed to develop the Network. 8 (e) Within the Federal Government, the National Science 9 Foundation shall have primary responsibility for connecting 10 colleges, universities, and libraries to the Network. 11 (f)(1) The Council, within one year after the date of 12 enactment of this Act and consistent with the Plan developed 13 under section 701 of the National Science and Technology 14 Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 15 6601 et seq.), as added by section 5 of this Act, shall-- 16 (A) develop goals, strategy, and priorities for the 17 Network; 18 (B) identify the roles of Federal agencies and 19 departments implementing the Network; 20 (C) provide a mechanism to coordinate the 21 activities of Federal agencies and departments in 22 deploying the Network; 23 (D) oversee the operation and evolution of the 24 Network; -14- 1 (E) manage the connections between computer 2 networks of Federal agencies and departments; 3 (F) develop conditions for access to the Network; 4 and 5 (G) identify how existing and future computer 6 networks of Federal agencies and departments could 7 contribute to the Network. 8 (2) The President shall report to Congress within one 9 year after the date of enactment of this Act on the 10 implementation of this subsection. 11 (g) In addition to other agency activities associated 12 with the establishment of the Network-- 13 (1) the National Institute of Standards and 14 Technology shall adopt a common set of standards and 15 guidelines to provide interoperability, common user 16 interfaces to systems, and enhanced security for the 17 Network; and 18 (2) the National Science Foundation, the National 19 Aeronautics and Space Administration, the Department of 20 Energy, the Department of Defense, the Department of 21 Commerce, the Department of the Interior, the Department 22 of Agriculture, the Department of Health and Human 23 Services, and the Environmental Protection Agency are 24 authorized to allow recipients of Federal research -15- 1 grants to use grant monies to pay for computer 2 networking expenses. 3 (h) Within one year after the date of enactment of this 4 Act, the Director, through the Council, shall report to the 5 Congress on-- 6 (1) effective mechanisms for providing operating 7 funds for the maintenance and use of the Network, 8 including user fees, industry support, and continued 9 Federal investment; 10 (2) plans for the eventual commercialization of the 11 Network; 12 (3) how commercial information service providers 13 could be charged for access to the Network; 14 (4) the technological feasibility of allowing 15 commercial information service providers to use the 16 Network and other federally-funded research networks; 17 (5) how Network users could be charged for such 18 commercial information services; 19 (6) how to protect the copyrights of material 20 distributed over the Network; and 21 (7) appropriate policies to ensure the security of 22 resources available on the Network and to protect the 23 privacy of users of networks. 24 SEC. 7. ROLE OF THE NATIONAL SCIENCE FOUNDATION. -16- 1 (a) The National Science Foundation shall provide 2 funding to enable researchers to access supercomputers. 3 Prior to deployment of the Network, the National Science 4 Foundation shall maintain, expand, and upgrade its existing 5 computer networks. Additional responsibilities may include 6 promoting development of information services and data bases 7 available over such computer networks; facilitation of the 8 documentation, evaluation, and distribution of research 9 software over such computer networks; encouragement of 10 continued development of innovative software by industry; and 11 promotion of science and engineering education. 12 (b)(1) The National Science Foundation shall, in 13 cooperation with other appropriate agencies and departments, 14 promote development of information services that could be 15 provided over the Network established under section 6. These 16 services shall include, but not be limited to, the provision 17 of directories of users and services on computer networks, 18 data bases of unclassified Federal scientific data, training 19 of users of data based and networks, access to commercial 20 information services to researchers using the Network, and 21 technology to support computer-based collaboration that 22 allows researchers around the Nation to share information and 23 instrumentation. 24 (2) The Federal information services accessible over the 25 Network shall be provided in accordance with applicable law. -l7- 1 Appropriate protection shall be provided for copyright and 2 other intellectual property rights of information providers 3 and Network users, including appropriate mechanisms for fair 4 remuneration of copyright holders for availability of and 5 access to their works over the Network. 6 (c)(1) There are authorized to be appropriated to the 7 National Science Foundation for the purposes of this Act, 8 $46,000,000 for fiscal year 1992, $88,000,000 for fiscal year 9 1993, $145,000,000 for fiscal year 1994, $172,000,000 for 10 fiscal year 1995, and $199,000,000 for fiscal year 1996. 11 (2) Of the monies authorized to be appropriated in 12 subsection (c)(1), there is authorized for the research, 13 development, and support of the Network, in accordance with 14 the purposes of section 6, $15,000,000 for fiscal year 1992, 15 $25,000,000 for fiscal year 1993, $55,000,000 for fiscal year 16 1994, $50,000,000 for fiscal year 1995, and $50,000,000 for 17 fiscal year 1996. 18 (3) The amounts authorized to be appropriated under this 19 subsection are in addition to any amounts that may be 20 authorized to be appropriated under other laws. 21 SEC. 8. THE ROLE OF THE NATIONAL AERONAUTICS AND 22 SPACE ADMINISTRATION. 23 (a) The National Aeronautics and Space Administration 24 shall continue to conduct basic and applied research in 25 high-performance computing, particularly in the field of -18- 1 computational science, with emphasis on aeronautics and the 2 processing of remote sensing and space science data. 3 (b) There are authorized to be appropriated to the 4 National Aeronautics and Space Administration for the 5 purposes of this Act, $22,000,000 for fiscal year 1992, 6 $45,000,000 for fiscal year 1993, $67,000,000 for fiscal year 7 1994, $89,000,000 for fiscal year 1995, and $115,000,000 for 8 fiscal year 1996. 9 (c) The amounts authorized to be appropriated under 10 subsection (b) are in addition to any amounts that may be 11 authorized to be appropriated under other laws. 12 SEC. 9. ROLE OF THE DEPARTMENT OF COMMERCE. 13 (a) The National Institute of Standards and Technology 14 shall adopt standards and guidelines, and develop measurement 15 techniques and test methods, for the interoperability of 16 high-performance computers in networks and for common user 17 interfaces to systems. In addition, the National Institute 18 of Standards and Technology shall be responsible for 19 developing benchmark tests and standards for high performance 20 computers and software. Pursuant to the Computer Security 21 Act of 1987 (Public Law 100-235; 101 Stat. 1724), the 22 National Institute of Standards and Technology shall continue 23 to be responsible for adopting standards and guidelines 24 needed to assure the cost-effective security and privacy of 25 sensitive information in Federal computer systems. -19- 1 (b)(1) The Secretary of Commerce shall conduct a study 2 to- 3 (A) evaluate the impact of Federal procurement 4 regulations which require that contractors providing 5 software to the Federal Government share the rights to 6 proprietary software development tools that the 7 contractors used to develop the software; and 8 (B) determine whether such regulations discourage 9 development of improved software development tools and 10 techniques. 11 (2) The Secretary shall, within one year after the date 12 of enactment of this Act, report to the Congress regarding 13 the results of the study conducted under paragraph (1).