VERSION OF S. 272 AND H.R. 656 PASSED BY THE SENATE SEPTEMBER 11, 1991 Purpose: To make an amendment in the nature of a substitute. IN THE SENATE OF THE UNITED STATES--102nd Congress, 1st Sess. S. 272 and H.R. 656 To provide for a coordinated Federal research program to ensure continued United States leadership in high-performance computing. ---------------------- Viz: Strike all after the enacting clause and insert in lieu thereof the following: SECTION 1. SHORT TITLE. This Act may be cited as the "High-Performance Computing and National Research and Education Network Act of 1991". SEC. 2. FINDINGS. The Congress finds the following: (1) Advances in computer science and technology are vital to the Nation's prosperity, national and economic security, industrial production, engineering, and scientific advancement. (2) The United States currently leads the world in the development and use of high-performance computing for national security, industrial productivity, science, and engineering, but that lead is being challenged by foreign competitors. (3) Further research and development, expanded educational programs, improved computer research networks, and more effective technology transfer from government to industry are necessary for the United States to fully reap the benefits of high-performance computing. (4) Several Federal agencies have ongoing high-performance computing programs, but improved interagency coordination, cooperation, and planning would enhance the effectiveness of these programs. (5) A high-speed national research and education computer network would provide researchers and educators with access to computer and information resources and act as a test bed for further research and development of high-speed computer networks. (6) A 1991 report entitled "Grand Challenges: High-Performance Computing and Communications" by the Office of Science and Technology Policy, outlining a research and development strategy for high-performance computing, provides a framework for a multi-agency high-performance computing program. Such a program would provide American researchers and educators with the computer and information resources they need, and demonstrate how advanced computers, high-speed networks, and electronic data bases can improve the national information infrastructure for use by all Americans. SEC. 3. PURPOSE. The purpose of this Act is to help ensure the continued leadership of the United States in high-performance computing and its applications by requiring that the United States Government-- (1) increase Federal support for research, development, and application of high-performance computing in order to-- (A) expand the number of researchers, educators, and students with training in high- performance computing and access to high-performance computing resources; (B) establish a high-speed national research and education computer network; (C) promote the further development of an information infrastructure of data bases, services, access mechanisms, and research facilities which are available for use through such a national network; (D) stimulate research on software technology; (E) promote the more rapid development and wider distribution of computer software tools and applications software; (F) accelerate the development of computer systems and subsystems; (G) provide for the application of high- performance computing to fundamental problems in science and engineering, with broad economic and scientific impact; (H) invest in basic research and education; and (I) promote greater collaboration among government, Federal laboratories, industry, and universities; (2) authorize a high-speed national research and education computer network; and (3) improve the interagency planning and coordination of Federal research and development on high-performance computing and maximze the effectiveness of the Federal Government's high-performance computing efforts. TITLE I--HIGH-PERFORMANCE COMPUTING AND THE NATIONAL RESEARCH AND EDUCATION NETWORK SEC. 101. HIGH-PERFORMANCE COMPUTING. (a)(1) The President shall establish and, through the Director of the Office of Science and Technology Policy (hereinafter referred to as the "Director"), coordinate a National High-Performance Computing Program (hereinafter referred to as the "Program"). (2) The Program shall-- (A) establish the goals and priorities for Federal high-performance computing research, development, networking, and other activities; and (B) provide for interagency coordination of Federal high-performance computing research, development, networking, and other activities undertaken pursuant to the Program. (3) The Program shall provide for-- (A) oversight of the operation and evolution of the National Research and Education Network (as described under section 102 and referred to in this Act as the "Network") and the establishment of policies for the management of and access to the Network; (B) efforts to increase software availability, productivity, capability, portability, and reliability; (C) improved dissemination of Federal agency data and electronic information; (D) acceleration of the development of high- performance computer systems, subsystems, and associated software; (E) the technical support and research and development of high-performance computer software and hardward needed to address Grand Challenges; (F) educating and training additional undergraduate and graduate students in software engineering, computer science, library and information science, and computational science; and (G) the security requirements and policies necessary to protect Federal research computer networks and information resources accessible through Federal research computer networks. (4) The President, through the Director, shall submit to the Congress an annual report along with the President's annual budget request, describing the implementationof the Program. The annual report shall-- (A) describe the goals and priorities of the Program, and analyze the progress made toward achieving those goals and priorities; and (B) describe for each agency and department participating in the Program the levels of Federal funding for the fiscal year during which such report is submitted and the levels proposed for the fiscal year with respect to which the budget submission applies, for Program activities, including education, research, hardware and software development, and support for the establishment of the Network. (5) The Director shall be provided, in a timely fashion, with an opportunity to review and comment on the budget estimate of each agency and department participating in the Program and shall identify in each annual budget submitted to the Congress under section 1105 of title 31, United States Code, those items in each agency's or department's annual budget which are elements of the Program. (b) The President shall establish an advisory committee on high-performance computing consisting of prominent representatives from industry and academia who are specially qualified to provide the Director with advice and information on high-performance computing. The advisory committee shall provide the Director with an independent assessment of-- (1) progress made in implementing the Program; (2) the need to revise the Program; (3) the balance between the components of the Program; and (4) whether the research and development undertaken pursuant to the Program is helping to maintain United States leadership in computing technology. (c) Each Federal agency and department participating in the Program shall, as part of its annual request for appropriations to the Office of Management and Budget identifying each element of its high-performance computing activities, which-- (1) contributes directly to the Program or benefits from the Program; and (2) states the portion of its request for appropriations that is allocated to each such element. (d) As used in this section, the term "Grand Challenge" means a fundamental problem in science and engineering, with broad economic and scientific impact, whose solution will require the application of high-performance computing resources. SEC. 102. NATIONAL RESEARCH AND EDUCATION NETWORK. (a) As part of the Program established by section 101, the National Science Foundation, the Department of Defense, the Department of Energy, the Department of Commerce, the National Aeronautics and Space Administration, and other agencies participating in the Program shall support the establishment of a national multi-gigabit-per-second research and education computer network by 1996, to be known as the National Research and Education Network, to link research and educational institutions, government, and industry, in every State. Federal agencies shall work with State and local agencies, libraries, educational institutions and organizations, private network service providers, and others in order to ensure that researchers, educators, and students have access to the Network. To the extent that the private sector, state and local governments, and other Federal agencies do not connect colleges, universities, and libraries to the Network, the National Science Foundation shall have primary responsiblity for connecting colleges, universities, and libraries to the Network. (b) The Network is to provide users with appropriate access to supercomputers, electronic information resources, other research facilities, and libraries, and at the same time act as a test bed for further research and development of high-speed computer networks and demonstrate how advanced computers, high- speed computer networks, and data bases can improve the national information infrastructure. (c) The Network shall-- (1) be developed in close cooperation with the computer, telecommunications, and information industries; (2) be designed, developed, and operated in collaboration with potential users in government, industry, and the education community; (3) link existing Federal and non-Federal computer networks, to the extent appropriate, in a way that allows autonomy within each component network; (4) be designed, developed, and operated in a manner which fosters and maintains competition and private sector investment in high-speed data networking within the telecommunications industry; (5) be designed, developed, and operated in a manner which fosters and maintains competition and private sector investment in high-speed data networking within the telecommunications industry; (6) be developed by purchasing standard commercial transmission and network services from vendors whenever feasible, and by contracting for customized services when not feasible. (d) To encourage use of the Network by commercial information service providers, where technically feasible, the Network shall be managed to cooperate with the needs of commerical sector users to develop accounting mechanisms which allow, where appropriate, users or groups of users to be charged for their usage of copyrighted materials available over the Network. The Network shall be designed and operated so as to ensure the continued application of the laws that provide network and information resources security measures, including those that protect copyright and other intellectual property rights, and those that control access to data bases and protect national security. (e) The Department of Defense, through the Defense Advanced Research Projects Agency, shall support research and development of advanced fiber optics technology, switches, and protocols needed to develop the Network. (f) In addition to other agency activities associated with the establishment of the Network-- (1) the National Institute of Standards and Technology shall develop and propose a common set of standards and guidelines to provide interoperability, common user interfaces to systems, and security for the Network; and (2) all Federal agencies and departments funding research are authorized to allow recipients of Federal research grants to use grant monies to pay for computer networking expenses. (g) Within one year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall report to the Congress on-- (1) effective mechanisms for providing operating funds for the maintencance and use of the Network, including user fees, industry support, and continued Federal investment; (2) the future operation and evolution of the Network; (3) how commercial information service providers could be charged for access to the Network, and how Network users could be charged for such commercial information services; (4) the technological feasibility of allowing commercial information service providers to use the Network and other federally-funded research networks; (5) how to protect the copyrights of material distributed over the Network; and (6) appropriate policies to ensure the security of resources available on the Network and to protect the privacy of users of networks. (h) The Director shall assist the President in coordinating the activities of appropriate agencies and departments to promot the development of information services that could be provided over the Network. These services may include the provision of directories of the users and services on computer networks, data bases of unclassified Federal scientific data, training of users of data bases and computer networks, access to commercial information services for users of the Network, and technology to support computer-based collaboration that allows researchers and educators around the Nation to share information and instrumentation. The information services accessible over the Network shall be provided in accordance with applicable law. Appropriate protection shall be provided for copyright and other intellectual property rights of information providers and Network users, including appropriate mechanisms for fair remuneration of copyright holders for availability of and access to their works over the Network. TITLE II--AGENCY ACTIVITIES SEC. 201. NATIONAL SCIENCE FOUNDATION ACTIVITIES. (a) The National Science Foundation shall provide computing and networking infrastructure support for all science and engineering disciplines, and shall support basic research and human resource development in computer science, computational science and engineering, library and informational sciences, and computer engineering. The National Science Foundation shall provide funding to help researchers access supercomputers. Prior to deployment of the Network, the National Science Foundation shall maintain, expand, and upgrade its existing computer networks. (b) (1) There are authorized to be appropriated to the National Science Foundation for the purposes of this Act, $46,000,000 for fiscal year 1992, $88,000,000 for fiscal year 1993, $145,000,000 for fiscal year 1994, $172,000,000 for fiscal year 1995, and $199,000,000 for fiscal year 1996. (2) Of the amounts authorized to be appropriated under paragraph (1), there are authorized for activities in support of the Network, in accordance with the purposes of section 102, $15,000,000 for fiscal year 1992, $25,000,000 for fiscal year 1993, $55,000,000 for fiscal year 1994, $50,000,000 for fiscal year 1995, and $50,000,000 for fiscal year 1996. (3) The amounts authorized to be appropriated under this subsection are in addition to any amounts that may be authorized to be appropriated under other laws. SEC. 202. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACTIVITIES. (a) The National Aeronautics and Space Administration shall continue to conduct basic and applied research in high=performance computing, particulary in the field of computational science, with emphasis on aeronautics and the processing of remote sensing and space science data. (b) (1) There are authorized to be appropriated to the National Aeronautics and Space Administration for the purposes of this Act $22,000,000 for fiscal year 1992, $45,000,000 for fiscal year 1993, $67,000,000 for fiscal year 1994, $89,000,000 for fiscal year 1995, and $115,000,000 for fiscal year 1996. (2) The amounts authorized to be appropriated under this subsection are in addition to any amounts that are authorized to be appropriated under other laws. SEC. 203. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIVITIES. (a) The National Institute of Standards and Technology shall develop and propose standards and guidelines, and develop measurement techniques and test methods, for the interoperability of high-performance computers in networks and for common user interfaces to systems. In addition, the National Institute of Standards and Technology shall be responsible for developing benchmark tests and standards for high-performance computers and software. Pursuant to the Computer Security Act of 1987 (Public Law 100-235; 101 Stat. 1724), the National Institute of Standards and Technology shall continue to be responsible for developing and proposing standards and guidelines needed to assure the cost-effective security and privacy of sensitive information in Federal computer systems. (b) (1) There are authorized to be appropriated to the National Institute of Standards and Technology for the purposes of this Act $3,000,000 for fiscal year 1992, $4,000,000 for fiscal year 1993, $6,000,000 for fiscal year 1994, $8,000,000 for fiscal year 1995, and $10,000,000 for fiscal year 1996. (2) The Amounts authorized to be appropriated under this subsection are in addition to any amounts that are authorized to be appropriated under other laws. SEC. 204. DEPARTMENT OF ENERGY ACTIVITIES. (a) The Secretary of Energy shall-- (1) perform research and development on, and systems evaluations of, high-performance computing and communications systems; (2) conduct computational research with emphasis on energy applications; (3) support basic research, education, and human resources in computational science; and (4) provide for networking infrastructure support for energy-related mission activities. (b) The Secretary of Energy shall establish two High- Performance Computing Research and Development Collaborative Consortia by soliciting and selecting proposals, and is authorized to establish as many more as may be needed. Each Collaborative Consortium shall-- (1) conduct research directed at scientific and technical problems whose solutions require the application of high-performance computing and communications resources; (2) promote the testing and uses of new types of high-performance computing and related software and equipment; (3) serve as a vehicle for computing vendors to test new ideas and technology in a sophisticated computing environment; and (4) be led by a Department of Energy national laboratory, and include participants from Federal agencies and departments, researchers, private industry, educational institutions, and others as the Secretary of Energy may deem appropriate. (c) The results of such research and development shall be transferred to the private sector and others in accordance with applicable law. (d) Within one year after the date of enactment of this Act and every year thereafter, the Secretary of Energy shall transmit to the Senate and House of Representatives a report on activities taken to carry out this Act. (e) For fiscal years 1992, 1993, 1994, 1995, and 1996 there are authorized to be appropriated such funds as may be necessary to carry out the activities authorized by this section. SEC. 205. STUDY ON IMPACT OF FEDERAL PROCUREMENT REGULATIONS. (a) The Secrtary of Commerce shall conduct a study to-- (1) evaluate the impact of Federal procurement regulations which require that contractors providing software to the Federal Government share the rights to proprietary software development tools that the contractors used to develop the software; and (2) determine whether such regulations discourage development of improved software development tools and techniques. (b) The Secretary shall, within one year after the date of enactment of this Act, report to the Congress regarding the results of the study conducted under subsection (a) SEC. 206. MISCELLANEOUS PROVISIONS. (a) Except to the extent that the appropriate Federal agency of department head determines applicable, the provisions of this Act shall not apply to-- (1) programs or activities regarding computer systems that process classified information; or (2) computer systems the function, operation, or use of which are those delineated in paragraphs (1) through (5) of section 2315(a) of title 10, United States Code. (b) Federal agencies and departments, and their grantees and contractors, may acquire prototype and early production models of new high-performance computer and communications systems and subsystems, including software and related products and services, to stimulate hardware and software development.