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).   
