[194] in Commercialization & Privatization of the Internet

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the NREN bill itself

daemon@ATHENA.MIT.EDU (Martin Lee Schoffstall)
Wed Feb 27 01:07:37 1991

To: com-priv@psi.com
Date: Wed, 27 Feb 91 00:43:49 -0500
From: "Martin Lee Schoffstall" <schoff@psi.com>


                  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
l0          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-PERFGRMANCE 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-
24                "(A) establish the goals and priorities for a
25           Federal high-performance computing program for the

                              -5-


 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 of
15       Congress, as deemed 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 unclassifeid 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 software;
11                "(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 reconmendations 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      networkipg 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).

                            -20-


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