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Case Number: 2008-1524-F FOIA MARKER This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Folder Title: Miscellaneous Unsorted Files Staff Office-Individual: Science Technology Policy-O'Neil, John Original OA/ID Number: CF 99 Row: Section: Shelf: Position: Stack: 23 6 10 2 V Withdrawal/Redaction Sheet Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001a. memo Carmin Caputo to NCS Principals, re: Minutes of NCS Committee of 08/23/1993 P3/b(3) Principals July 22, 1993 Meeting [partial] [National Security Act] (1 page) 001b. minutes NCS Committee of Principals Meeting of July 22, 1993 [partial] ca. 07/1993 P3/b(3) [National Security Act] (2 pages) COLLECTION: Clinton Presidential Records Office of Science and Technology Policy O'Neil, John OA/Box Number: CF 99 FOLDER TITLE: Miscellaneous Unsorted Files 2008-1524-F ke2347 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)| Freedom of Information Act - [5 U.S.C. 552(b)] PI National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA| an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors |a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. COMMUNICATION ATIONS NATIONAL COMMUNICATIONS SYSTEM OFFICE OF THE MANAGER NCS SYSTEM NATIONAL 701 SOUTH COURT HOUSE ROAD ARLINGTON, VIRGINIA 22204-2198 IN REPLY REFER TO: NP NCS 2857/1 APR 7 1993 MEMORANDUM FOR NCS PRINCIPALS SUBJECT: National Security and Emergency Preparedness Telecommunications Candidate Initiatives 1. Enclosed is the National Communications System (NCS), National Security and Emergency Preparedness (NS/EP) Telecommunications Candidate Initiatives document, NCS 2352/2, dated February 25, 1993. 2. At the March 25, 1993 Council of Representatives (COR) meeting, the Representatives voted to forward this document to the Committee of Principals with a cover letter reflecting the following pen and changes: a. To reflect the importance of interoperability in the consideration of Candidate Initiatives; Initiative #12, Advanced Engineering Communications; Telecommunications, Interoperability, and Initiative #20, Applications of Standards for Interoperability of Communication Systems were combined and renumbered as Initiative #2. b. Delete the section titled Other Possible Initiatives and relocate the initiatives under that section to the section titled Initiatives Under Consideration. C. Delete the following Initiatives in their entirety: Initiative #2: Thin Line System Based on Meteor Burst Communications Initiative #14: Improvement of the EBS data base Initiative #22: Research the Use of Backup Energy Sources or Systems 3. This Candidate Initiatives document, with the incorporated COR recommendations, will be used as a reference, internally by the Manager, NCS, in the implementation of the revised NS/EP Telecommunications Planning Process 1 Enclosure: B. E. MORRISS NCS 2352/2 Deputy Manager COL, USA Copy to: NCS Reps (w/o encl) 2 Revise the National Plan for Telecommunications Support in Non-Wartime Emergencies, if necessary, to be consistent with the Federal Response Plan, as discussed above, other changes in NS/EP Telecommunications, and other appropriate changes which might result from the most recent National Security Telecommunications Advisory Committee recommendations. In addition, the OMNCS should continue to perform secretariat functions in support of the Joint Telecommunications Resources Board and continue to keep the Board apprised of telecommunications situations in accordance with the Response and Coordination Procedures. I look forward to visiting the NCC in the not too distant future and hope to see you at that time. John M. Gibbons Director cc: Anthony Lake, Assistant to the President for National Security Affairs Leon E.Panetta, Director, Office of Management and Budget James Lee Witt, Director, Federal Emergency Management Agency Emmett Paige, Assistant Secretary of Defense for C³I Larry Irving, Deputy Assistant Secretary of Commerce, National Telecommunications & Information Agency G. Martin Wagner, Acting Commissioner, General Services Administration Bruce J. Campbell, Assistant Associate Director, Federal Emergency Management Agency Andrew Barrett, Defense Commissioner, Federal Communications Commission CLINTON LIBRARY PHOTOCOPY EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF SCIENCE AND TECHNOLOGY POLICY WASHINGTON D.C. 20506 June 11, 1993 Dear Mr. Witt: I understand that the Federal Emergency Management Agency (FEMA) is in the process of revising the Federal Response Plan (FRP) and its Emergency Support Functions (ESFs). Executive Order 12472, Assignment of National Security and Emergency Preparedness Telecommunications, required the Director of the Office of Science and Technology Policy (OSTP) to establish a Joint Telecommunications Resources Board (JTRB) to assist him in providing information, advice, guidance and assistance to the President and to those Federal departments and agencies with responsibilities for the provision, management, or allocation of telecommunications resources during non-wartime crises or emergencies. At the direction of OSTP, the National Plan for Telecommunications Support in Non- Wartime Emergencies was prepared in coordination with the member organizations of the JTRB, the Office of the Manager, National Communications System (OMNCS), the General Services Administration (GSA), and FEMA. This document, in effect since 1984, is the formal U.S. Government plan applicable to all Federal executive departments, agencies, and organizations. The National Plan establishes procedures for planning and using national telecommunications assets and resources in support of non-wartime emergencies, including Presidentially declared emergencies, major disasters, and extraordinary situations. It establishes responsibilities, outlines missions, and identifies functions in support of the Federal official exercising the authorities of Public Law 93-288, as amended, Executive Order 12472, and other applicable authorities. It provides for telecommunications staff support for the Federal Coordinating Officer, and/or the Senior FEMA Official. In order to ensure consistency between the Federal Response Plan and the National Plan, I have requested that the Manager, National Communications System review both plans and make changes where appropriate, that OSTP be clearly identified as the primary agency for ESF 2 (telecommunications), and that the OMNCS execute responsibilities in the revised FRP on behalf of OSTP, until the situation demands involvement of the JTRB. 2 I believe these steps will improve telecommunications support during situations requiring response by the Federal Government, and thereby support your efforts to improve responsiveness throughout the Federal Government. Sincerely, John Director Mr. James Lee Witt Diretor Federal Emergency Management Agency 500 C Street, N.W. Washington, D.C. 20472 cc: Alonso Short, Manager, National Communications System Bruce J. Campbell, Assistant Associate Director, Federal Emergency Agency Emmett Paige, Assistant Secretary for Defense C³I Larry Irving, Deputy Assistant Secretary of Commerce, National Telecommunications & Information Administration G. Martin Wagner, Acting Commissioner, General Services Administration Andrew Barrett, Defense Commissioner, Federal Communications Commission CE; To Ann Ward Date Rec 8-13-43 ACTION in BAchteL -OMMUNICATIONS NATIONAL COMMUNICATIONS SYSTEM INFO a Johns OFFICE OF THE MANAGER NATIONAL NCS SYSTEM 701 SOUTH COURT HOUSE ROAD Newell ARLINGTON, VIRGINIA 22204-2198 (orts set for 9/20 @ Nelson IN REPLY 05 a.m -2:00 REFER TO: NE 23 July 1993 There PE SWG ml (Wind MEMORANDUM FOR DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY POLICY Stationery THRU: EPain 9 AUG 1993 Executive Agent, National Communications System SUBJECT: National Security and Emergency Preparedness Telecommunications Reference: Office of Science and Technology Policy Memo, Subject as above, June 11, 1993 mike will do his 1. Thank you for your memorandum of June 11, 1993. I agree that it is extremely important that we continue to work with the private sector to ensure that our visit telecommunications meet the requirements of the President and the Nation in any or emergency. 8/28 2. During your visit, I would like to take some time to discuss our readiness programs and our action plan to: a. Implement the National Telecommunications Management Structure (NTMS) and show how it is being enhanced to ensure a "flexible, integrated response capability to manage the Nation's telecommunications assets across the full spectrum of domestic and national security emergencies" b. Ensure consistency between the National Plan for Telecommunications during Non-Wartime Emergencies and the Federal Response Plan (FRP), with emphasis on the support role of the National Coordinating Center (NCC) for Telecommunications diduty C. Execute, on behalf of the Director, Office of Science and Technology Policy, the Federal Response Plan responsibilities of the Primary Agency for communications support, ESF-2. 3. I look forward to presenting our plans and having you visit the NCC which has proven very effective in the management of telecommunications during our recent emergencies and Presidentially declared disasters. My staff is in contact with your office and will be scheduling a meeting at your convenience. FEMA FSP- alomp Ethater I-in. thick ALONZO E. SHORT, JR Lieutenant General, USA apr. 92 Manager Phile Stripe attendees - (Suggested) - Dr. Gibbons \ - SkipShns Jane Wales (2) Mike nelson.24 - The newell ?) s10m Calendar of 9/20 -- Dr. Gibbons us 1400 -- Skip Johns Provide Current agenda to Barb & Sue upon receipt 1 Provide to background Sue for JHG COMMUNICA ATIONS COMMUNIC ATIONS NATIONAL SYSTEM D NATIONAL COMMUNICATIONS SYSTEM SYSTEM NATIONAL UNCLASSIFIED FACSIMILE COVER SHEET FROM Joanne Cavalcante TO JoAnne Ward OFFICE CODE NA OFFICE CODE PHONE NUMBER (703) 692-3760 PHONE NUMBER (202) 395-3272 FAX NUMBER (703) 746-7184 FAX NUMBER (202) 395-1572 NUMBER OF PAGES, INCLUDING THIS HEADER PAGE 3 DATE 14 July 93 TIME 1810 SUBJECT: Visit by Dr. Gibbons COMMENTS: JoAnne, I spoke to Susanne Bachtell this evening. She suggested that I send you a copy of what 1 taxed to her. She said you would be working with her to coordinate and set up this visit. Soooooooo, here you go. Call me if you need anything!!! SENDER JONAT SIGNATURE UNCLASSIFIED FACSIMILE HEADER PAGE 100'000J JN WONJ 31:01 CO. 11 700 COMMUNICA ATIONS COMMUNICA CATIONS SYSTEM NATIONAL COMMUNICATIONS SYSTEM UNCLASSIFIED SECTION STATE SYSTEM NATIONAL FACSIMILE COVER SHEET FROM Joanne Cavalcante TO Susanne Bachtell OFFICE CODE NA OFFICE CODE PHONE NUMBER (703) 692-3760 PHONE NUMBER (202) 456-7116 FAX NUMBER (703) 746-7184 FAX NUMBER (202) 395-3261 NUMBER OF PAGES, INCLUDING THIS HEADER PAGE 2 DATE 14 July 93 TIME 1808 SUBJECT: Dr. Gibbons visit to the National Communications System and Defense Information Systems Agency COMMENTS: Per phonecon with JoAnne Ward on 13 July. attached is the proposed agenda for the Director, OSTP to come and visit with the NCS and DISA. The three dates (in priority order) are as follows: NO - 27 September - Space Station adv. Comm. OK - 15 September test 20 September - - 10:15 - 2:PM 11 +02 - 12 lunch w/Yen. Short Please contact Ms. Joanne Cavalcante, telephone (703) 692-3760 to confirm which date is most convenient for Dr. Gibbons and his staff. I look forward to hearing from you. Copy to: JoAnne Ward Joanne Cavalcast UNCLASSIFIED FACSIMILE HEADER PAGE newell Level of clearance Nelson Tim Check , on mike is ,20min. may. 1. Travel Time FROM NP 31:81 86. VI 200 ** 200'3948 78101 ** PROPOSED AGENDA FOR DR. JOHN GIBBONS DIRECTOR, OSTP TIME ALLOTED TOPIC(S) OF INTEREST Depart OSTP 30 Minutes Arrive DISA HQ 701 South Court House Road Arlington, VA 22204-2199 15 Minutes Office call with LTG Short NATIONAL COMMUNICATIONS SYSTEM (NCS) PROGRAMS 10 Minutes NCS Introduction 50 Minutes National Coordinating Center for Telecommunications Briefing and Tour 00 NCC Role in Federal Disaster Response 00 NCS Support to Joint Telecommunications Resources Board 00 Tour of NCC 00 Tour of Secure Video Teleconferencing Center 40 Minutes National Telecommunications Management Structure (NTMS) Implementation - CLASSIFIED 00 NTMS Concept and Program Status 00 Support of OSTP during wartime emergencies 00 Response to OSTP tasking to expand NTMS for all hazards 20 Minutes NCS Wrap-up/Discussion DEFENSE INFORMATION SYSTEMS AGENCY BRIEFINGS 30 Minutes DISA Overview 30 Minutes Tour of Network Management Operations Center (NMOC) Depart DISA Headquarters 30 Minutes Arrive OSTP TOTAL TIME: 4 hours, 15 minutes (includes travel time to and from DISA HQ) dN BROM 31:81 86. VI 705 300'390° 7/13 sue - Jo (phone: Cavalcante of the NCS 703-692-3760) will be calling either late today or early tomorrow to try and schedule a visit to NCS by Dr. Gibbons attached is a memo from Wr Gibbons (see last sentence, page 2) which mentions his desire to visit. Johnn Called g 7/13 to request good dates in aug/Sep. - proposed agench - length of time necessary EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF SCIENCE AND TECHNOLOGY POLICY WASHINGTON, D.C. 20506 June 11, 1993 MEMORANDUM FOR LTG ALONZO SHORT, U.S. ARMY MANAGER, NATIONAL COMMUNICATIONS SYSTEM SUBJECT: NATIONAL SECURITY AND EMERGENCY PREPAREDNESS TELECOMMUNICATIONS I congratulate you on the success of the recent National Security Telecommunications Advisory Committee (NSTAC) meeting held here in Washington. It was a pleasure to address this dynamic group and to hear their discussions and questions in the Executive Session. As you know, these are times of truly profound change throughout the world, and changes are occurring in National Security and Emergency Preparedness (NS/EP) in response to these changes and Presidential guidance. We should build on the excellent record of government and private sector cooperation in NS/EP telecommunications and ensure that we provide the President, and the nation, responsive telecommunications they require during emergencies. The beginning of this new Administration offers a unique opportunity to us to examine NS/EP telecommunications in light of Presidential guidance and to make other appropriate changes at this time. Therefore, I request that you: Continue with implementation of the National Telecommunications Management Structure (NTMS) and take steps necessary, within current budgetary guidance, to enhance the NTMS to ensure a flexible, integrated response capability to manage the Nation's telecommunications assets across the full spectrum of domestic and national security emergencies. Work to revise the Federal Response Plan (FRP) to ensure that it and the National Plan for Telecommunications Support in Non-Wartime Emergencies (National Plan) are fully consistent, that the FRP clearly shows that OSTP is the Primary Agency for the Emergency Support Function for Communications, but that the Office of the Manager, National communications System (OMNCS) will execute these functions on behalf of OSTP until such time as the situation requires the attention of the Joint Telecommunications Resources Board. Execute, on behalf of the Office of Science and Technology Policy the responsibilities in the revised Emergency Support Function for Communications in the Federal Response Plan. 2 Revise the National Plan for Telecommunications Support in Non-Wartime Emergencies, if necessary, to be consistent with the Federal Response Plan, as discussed above, other changes in NS/EP Telecommunications, and other appropriate changes which might result from the most recent National Security Telecommunications Advisory Committee recommendations. In addition, the OMNCS should continue to perform secretariat functions in support of the Joint Telecommunications Resources Board and continue to keep the Board apprised of telecommunications situations in accordance with the Response and Coordination Procedures. I look forward to visiting the NCC in the not too distant future and hope to see you at that time. John M. Gibbons Director cc: Anthony Lake, Assistant to the President for National Security Affairs Leon E.Panetta, Director, Office of Management and Budget James Lee Witt, Director, Federal Emergency Management Agency Emmett Paige, Assistant Secretary of Defense for C³I Larry Irving, Deputy Assistant Secretary of Commerce, National Telecommunications & Information Agency G. Martin Wagner, Acting Commissioner, General Services Administration Bruce J. Campbell, Assistant Associate Director, Federal Emergency Management Agency Andrew Barrett, Defense Commissioner, Federal Communications Commission Date Rec'd #13 ACTION, to CNeil INFO to Dana JHG S. Recd A 001.06 Document No. 012261 WHITE HOUSE STAFFING MEMORANDUM MNelion DATE: 04/12/93 ACTION/CONCURRENCE/COMMENT DUE BY: 1:00 PM 04/13 SIG of SUBJECT: NATIONAL SECURITY TELECOMMUNICATIONS ADVISRORY COMMITTEE (NSTAC) REPORT DATE DUE ACTION FYI ACTION FYI VICE PRESIDENT PASTER McLARTY RASCO GEARAN RUBIN PANETTA SEGAL EMANUEL STEPHANOPOULOS GIBBONS VARNEY HALE WATKINS HERMAN WILLIAMS LAKE LINDSEY MONTOYA NUSSBAUM REMARKS: Do you concur with the suggested response? Phanedin Concurrence at 1300 13 Agr 193 RESPONSE: Concur. JFO JOHN D. PODESTA Assistant to the President and Staff Secretary Ext. 2702 THE WHITE HOUSE 2202 WASHINGTON April 12, 1993 93 APR 12 P12 : 48 ACTION MEMORANDUM FOR THE PRESIDENT FROM: ANTHONY LAKE SUBJECT: National Security Telecommunications Advisory Committee (NSTAC) Report Purpose To respond to the National Security Telecommunications Advisory Committee (NSTAC) Executive Report. Background The President's National Security Telecommunications Advisory Committee is composed of 26 corporate leaders of our Nation's telecommunications industry. A membership list is provided at Tab B. Their companies build, supply and operate both the government and the private sector information infrastructure. NSTAC is a Federal Advisory Committee whose objective is to provide the President, the Assistant to the President for National Security Affairs, the Secretary of Defense (as the National Communications System Executive Agent) and other Federal Agencies with a source of expertise, knowledge and insight not available within the government on issues and problems related to the implementation of National Security Telecommunications policy. In the past, this group has been instrumental in coordinating joint industry-government efforts in telecommunications. A primary NSTAC goal is to ensure that U.S. information highways are sufficiently robust to operate before, during and after any local, national or international crisis. Robert E. Allen, Chairman of the Board and Chief Executive Officer of AT&T, is the current NSTAC Chairman. Norm Augustine, Chairman and Chief Executive Officer of Martin Marietta Corporation will be inducted as NSTAC Chairman at the next meeting on May 27. This year's NSTAC Report provides recommendations for the exchange of sensitive information about hacker attacks on telephone networks and develops guidelines to prevent hackers from disabling individual company and government telephone CC: Vice President Chief of Staff 2 systems. The Report also assesses technologies that will allow critical government users to complete telephone calls rapidly, even when telephone networks are stressed from physical damage or extreme network congestion. RECOMMENDATION That you sign the letter to Robert Allen at Tab A. Attachments Tab A Letter to Mr. Robert E. Allen Tab B NSTAC Membership USE THE WHITE HOUSE WASHINGTON Dear Bob: Your report on the recent work of the National Security Telecommunications Advisory Committee (NSTAC) highlights the Committee's outstanding and valuable support of national security and emergency preparedness objectives. Both Vice President Gore and I are personally interested in the Committee's work as a potential key element of our planning and investment. Network security and its corresponding "hacker" threat will continue to be a significant issue, requiring close industry and government coordination. To facilitate that coordination, I have directed the National Institute for Standards and Technology to be the Government's focal point for network security standards, and I ask for your support to continue industry's efforts through your Network Security Standards Oversight Group. NSTAC's recommendations for enhanced call completion also are timely, and I have directed the Secretary of Defense, as my Executive Agent, to implement those recommendations through the Manager, National Communications System. Future results of these joint ventures will provide excellent examples of what industry and government can do when we work together. 2 Please extend my personal thanks to the other USE members for their contributions. In the years ahead, I will continue to look to the NSTAC for advice and leadership in national telecommunications and technology issues as we jointly build a stronger nation. Sincerely, Mr. Robert E. Allen Chairman of the Board and Chief Executive Officer American Telephone and Telegraph Company 295 N. Maple Avenue Basking Ridge, NJ 07920 THE PRESIDENT'S NATIONAL SECURITY TELECOMMUNICATIONS ADVISORY COMMITTEE (NSTAC) CURRENT MEMBERS (as of March 16, 1993) AMERICAN TELEPHONE AND TELEGRAPH COMPANY (AT&T) Mr. Robert E. Allen Chairman of the Board and Chief Executive Officer American Telephone and Telegraph Company Basking Ridge, NJ Appointed January 18, 1989 BELL COMMUNICATIONS RESEARCH, INC. (BELLCORE) Dr. George H. Heilmeier President and Chief Executive Officer Bell Communications Research, Inc. Livingston, NJ Appointed October 8, 1991 THE BOEING COMPANY Mr. Arthur E. Hitsman President Boeing Computer Services Seattle, WA Appointed March 13, 1991 COMMUNICATIONS SATELLITE CORPORATION (COMSAT) Mr. Bruce L. Crockett President and Chief Executive Officer Communications Satellite Corporation Washington, DC Appointed November 20, 1992 COMPUTER SCIENCES CORPORATION (CSC) Mr. William R. Hoover President and Chairman of the Board Computer Sciences Corporation El Segundo, CA Appointed August 14, 1987 ELECTRONIC DATA SYSTEMS (EDS) Mr. Lester M. Alberthal, Jr. Chairman of the Board, President and Chief Executive Officer Electronic Data Systems Dallas, TX Appointed January 15, 1993 1 GTE CORPORATION (GTE) Mr. Charles R. Lee Chairman of the Board and Chief Executive Officer GTE Corporation Stamford, CT Appointed October 8, 1992 HARRIS CORPORATION (HARRIS) Mr. John T. Hartley Chairman, President and Chief Executive Officer Harris Corporation Melbourne, FL Appointed May 2, 1988 HUGHES AIRCRAFT COMPANY (HUGHES) Mr. C. Michael Armstrong Chairman and Chief Executive Officer Hughes Aircraft Company Los Angeles, CA Appointed November 20, 1992 INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM) Mr. Gerald W. Ebker Vice President, and President Federal Sector Division International Business Machines Corporation Bethesda, MD Appointed April 16, 1990 INTERDIGITAL COMMUNICATIONS CORPORATION (INTERDIGITAL) Mr. William J. Hilsman Chairman and Chief Executive Officer InterDigital Communications Corporation Philadelphia, PA Appointed November 9, 1989 ITT CORPORATION (ITT) Mr. D. Travis Engen Executive Vice President ITT Corporation New York, NY Appointed May 13, 1992 LOCKHEED CORPORATION (LOCKHEED) Mr. John N. McMahon President Lockheed Missiles & Space Systems Group Sunnyvale, CA Appointed May 13, 1992 2 MARTIN MARIETTA CORPORATION (MARTIN MARIETTA) Mr. Norman R. Augustine Chairman and Chief Executive Officer Martin Marietta Corporation Bethesda, MD Appointed August 9, 1988 McCA CELLULAR COMMUNICATIONS, INCORPORATED (McCAW) Mr. Craig O. McCaw Chairman and Chief Executive Officer McCaw Cellular Communications, Inc Kirkland, WA Appointed March 16, 1988 MCI COMMUNICATIONS CORPORATION (MCI) Mr. Bert C. Roberts, Jr. Chairman and Chief Executive Officer MCI Communications Corporation Washington, DC Appointed January 15, 1993 METROPOLITAN FIBER SYSTEMS COMMUNICATIONS COMPANY Mr. Royce J. Holland President and Chief Operating Officer Metropolitan Fiber Systems Communications Company Oakbrook Terrace, IL Appointed January 15, 1993 MOTOROLA, INC. (MOTOROLA) Mr. John F. Mitchell Vice Chairman of the Board Motorola, Inc. Schaumburg, IL Appointed May 1983 NORTHERN TELECOM INC. (NTI) Dr. Paul G. Stern Chairman of the Board Northern Telecom Ltd. Potomac, MD Appointed August 7, 1990 PACIFIC TELECOM, INC. (PTI) Mr. Charles E. Robinson Chairman and Chief Executive Officer Pacific Telecom, Inc. Vancouver, WA Appointed May 1983 3 ROCKWELL INTERNATIONAL CORPORATION (ROCKWELL) Mr. Kent M. Black Executive Vice President and Chief Operating Officer Rockwell International Corporation Richardson, TX Appointed April 9, 1990 SPRINT CORPORATION (SPRINT) Mr. William T. Esrey Chairman and Chief Executive Officer Sprint Corporation Kansas City, MO Appointed July 1990 UNISYS CORPORATION (UNISYS) Mr. Albert F. Zettlemoyer President, Paramax Corporation Senior Vice President, Unisys Corporation McLean, VA (Appointment pending application - replacing deceased member) U.S. TELEPHONE ASSOCIATION (USTA) Mr. Robert C. Brown, III 1st Vice Chairman of the Board U.S. Telephone Association Sugar Land, TX Appointed March 13, 1991 US WEST, INC. Mr. Richard D. McCormick Chairman and Chief Executive Officer U S WEST, Inc. Englewood, CO Appointed March 13, 1991 WILLIAMS TELECOMMUNICATIONS GROUP INC (WILTEL) Mr. Roy A. Wilkens President Williams Telecommunications Inc Tulsa, OK Appointed November 20, 1992 4 COMMUNICATIONS ATIONS NATIONAL COMMUNICATIONS SYSTEM NCS 2929/1 OFFICE OF THE MANAGER NATIONAL NCS and SYSTEM 701 SOUTH COURT HOUSE ROAD ARLINGTON, VIRGINIA 22204-2198 IN REPLY REFER TO. NJ MEMORANDUM FOR NCS PRINCIPALS August 23, 1993 SUBJECT: Minutes of the NCS Committee of Principals July 22, 1993 Meeting Enclosed are the draft minutes of the NCS Committee of Principals July 22, 1993 meeting, which the Committee will consider for approval at its October 28, 1993 meeting. Please provide any comments or changes to Janet Jefferson, Office of the Joint Secretariat, (703) 692-8434, at your earliest convenience. Chuck Paguto CARMIN C. CAPUTO 1 Enclosure: NCS 2927/1 Executive Secretary CLINTON LIBRARY PHOTOCOPY Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001a. memo Carmin Caputo to NCS Principals, re: Minutes of NCS Committee of 08/23/1993 P3/b(3) Principals July 22, 1993 Meeting [partial] [National Security Act] (1 page) COLLECTION: Clinton Presidential Records Office of Science and Technology Policy O'Neil, John OA/Box Number: CF 99 FOLDER TITLE: Miscellaneous Unsorted Files 2008-1524-F ke2347 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRAJ b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information ((a)(4) of the PRAJ b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors |a)(5) of the PRA| b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA| RR. Document will be reviewed upon request. National Communications System Principals DOS Mr. John E. Clark TREAS Mr. James J. Flyzik DoD Mr. John G. Grimes DOJ Mr. Roger M. Cooper DOI Mr. James P. Jadlos USDA Mr. John L. Okay DOC Mr. Thomas W. Zetty HHS Dr. Neil J. Stillman DOT Ms. Cynthia Rand DOE Mr. Raymond S. Barrow DVA In he determined (b)(3) [001a] JS It Gen Albert J. Edmonds, USAF GSA Mr. Michael L. Corrigan USIA Mr. Gary Barnett NASA Mr. Charles T. Force FEMA Mr. Bruce J. Campbell FCC Mr. Alan R. McKie NRC Mr. Gerald F. Cranford USPS Mr. Tim Patterson FRB Ms. Louise L. Roseman (b)(3) NTIA Mr. Richard D. Parlow Copy to: DOS Mr. William E. Bischoff TREAS Mr. William H. Wunderlich DoD Mr. J. Robert Anderson DOI Mr. James E. Dolezal DOJ Mr. Donald E. Josephs USDA Mr. Robert D. Johnson DOC Mr. Jorome T. Gibbon HHS Mr. Frank J. Campbell DOT Ms. Nancy H. Correia DOE Mr. Robert M. Lewis DVA Mr. Howard D. Bovd (b)(3) JS LTC (P) Marlin Forbes, USA GSA Mr. George F. Flynn, Jr. NASA Mr. Arthur L. C. Sigust FEMA Mr. Paul B. Maison FCC Mr. Terry D. Johnson NRC Ms. Pamela G. Kruzic FRB Mr. Kenneth D. Buckley (b)(3) NTIA TO be determined NSC CAPT Keith D. Hahn, USN NASA Mr. Norman Pozinsky NCS 2927/1 NCS Committee of Principals Meeting of July 22, 1993 Minutes 1. Introduction. The National Communications System (NCS) Committee of Principals (COP) met on July 22, 1993, in conjunction with the NCS Vision 21 off-site, at the Tidewater Inn, Easton, Maryland. LTG Alonzo Short, USA, Manager, NCS, served as Chair and called the meeting to order. The Chair introduced Mr. Don Scott, GSA Associate Administrator for FTS2000; and greeted Mr. Ben Morriss, retiring Deputy Manager, NCS. 2. Administrative Announcements. Mr. Chuck Caputo, NCS Office of the Joint Secretariat (NJ), announced that the NCS picnic will be held August 5, 1993, at Ft. Myer, Virginia. 3. Agenda Item 3 - FTS2000. Mr. Don Scott, GSA Associate Administrator for FTS2000, provided the Principals with an update on FTS2000 activities, recently enhanced services for higher reliability, and future plans. He discussed special features, price determination and service reallocation, switched voice service, publically available price caps, accomplishments, recent network service enhancements, and the network service assurance plan. 4. Agenda Item 4 - Review Minutes of April 22, 1993. The minutes of the April 22, 1993 meeting were approved as written. 5. Agenda Item 5 - NCS Directive 2-1, "National Security and Emergency Preparedness (NS/EP) Telecommunications Planning Process." Mr. Tom Sellers, NCS Office of Plans and Programs (NP), presented a briefing on the proposed revisions to NCS Directive 2-1, "National Security and Emergency Preparedness (NS/EP) Telecommunications Planning Process." He discussed the purpose, procedures, applicability, and next steps regarding the directive. The USDA Principal asked whether NCS document 2834/2, "National Security and Emergency Preparedness (NS/EP) Telecommunications Planning Process," is a draft or final document. Mr. Sellers responded that the document will become final upon approval by the Executive Agent, NCS. The document will be forwarded to the Executive Agent as NCS Manual 2-1-1, along with NCS Directive 2-1, after consideration of NCS Directive 2-1 by the COP. No changes will be made to the manual before it is forwarded. The DOE Alternate Principal moved that the Committee of Principals recommend forwarding NCS Directive 2-1, "National Security and Emergency Preparedness (NS/EP) Telecommunications Planning Process," to the Executive Office of the President through the Executive Agent, NCS. The DOT Alternate Principal seconded the motion, which passed 19-0-0. 6. Agenda Item 6 - National Security Telecommunications Advisory Committee (NSTAC). LtCol Mike Cleary, NJ, presented an information briefing on the results of the NSTAC XV meeting held May 26-27, 1993 in Washington, D.C. Included in his presentation were the activities surrounding NSTAC XV, recommendations to the President made by the Energy Task Force, the Network Security Steering Committee, and the NS/EP Panel. He also highlighted the Industry Executive Subcommittee (IES) Report and the Executive Office of the President's comments at the NSTAC XV meeting. 7. Agenda Item 7 - Network Security of the Public Switched Network. Mr. Fred Herr, NJ, briefed the members on the network security program activities, the network security information exchanges (NSIEs), the standards and research and development activities, and the OMNCS network security projects. The Chair commented that security and privacy issues are taking on a greater significance as new technologies continue to emerge, and emphasized the importance of industry/Government cooperation in this area. The FRB Alternate Principal asked for more information on the joint NSIE's proposed changes to legislation in the network security area. Mr. Herr responded that the NSIEs recommended changes to the legislation regarding computer crime to specifically protect the PSN from computer intruders as had already been done for financial institutions and credit reporting organizations. The NSIEs' paper identifies six examples of holes in current legislation that prevent or hinder the identification and prosecution of computer intruders. For example, intrastate intrusions into telecommuni- cations switches are not currently Federal offenses even though they have the potential to adversely affect interstate telecommunications. The Chair said a copy of the proposed legislative changes will be distributed to the members. The FRB Alternate Principal asked whether the objective of the NSIEs is to educate Government and industry about vulnerabilities of the network or to make the public switched network (PSN) less vulnerable. Mr. Herr said they are both objectives of network security efforts. The NSIEs exchange information on vulnerabilities of the network and on actual incidents to improve security and education. The FRB Alternate Principal noted that his organization has had difficulty obtaining information on the threat to the PSN. More information is available from hackers and hacker publications than from the telecommunications companies. As a result, the FRB approaches the PSN as untrusted and develops its own methods to avoid disruptions. However, it is difficult to educate the commercial banking industry, for example, about these methods. A more positive approach to educating network users should exist which would facilitate the sharing of network security information. Mr. Herr agreed that users should be included in network security efforts, but a difficult compromise has to be reached between industry, Government, and users, given the sensitive and proprietary nature of much of the information. The NTIA Principal agreed that some mechanism should be found to share available information with user groups. The DoD Principal commented that network security and privacy issues are critical to the development of the National Information Infrastructure (NII) and should be discussed by the NII Task Force. If the users of the NII are concerned about its vulnerabilities, they will be hesitant to utilize it. The NASA Alternate Principal commented that a mechanism should be established to capture lessons learned from international network incidents. For 2 instance, the French telecommunications system recently had a system failure that affected a portion of its banking functions. Although the cause of the disruption was not publicized, it could have been an intruder incident. The Chair said the OMNCS would investigate how such information could be disclosed to member organizations. 8. Agenda Item 8 - National Telecommunications Management Structure (NTMS). Ms. Peggy Newland, NP, presented an information briefing on the status of NTMS implementation, including discussion of the NTMS mission, validation schedule, future NTMS implementation activities, and activities underway to enhance the NTMS. The briefing also included an overview of the National Telecommunications Coordinating Network (NTCN) operational concept and implementation activities. The DOE Alternate Principal said that the activities of the Communications Resource Information Sharing Program (CRISP) could be beneficial to the NTMS since the communications assets identified through CRISP could be utilized as part of the NTCN. 10. Agenda Item 9 - Old Business. The Chair reminded the members of the importance of the joint industry/Government planning process, and encouraged members to become involved in industry activities such as the NSTAC, IES, and other subgroups. 11. Agenda Item 10 - New Business. The Chair said that the National Level Program Implementation Quarterly Status Report was provided as an information handout, as required. The NSA Alternate Principal said the COP/COR should deliberate on the NCS role vis-a-vis the Administration's National Information Infrastructure, particularly in regard to network security. The Chair said that the issue would be a subject of discussion at the afternoon session of the off-site meeting. The DoD Principal said that the implications of spectrum reallocation associated with the "Emerging Technologies Act of 1993" should be considered by the NCS. DoD is already assessing the impact of the proposed legislation. All agencies should be concerned with the potential costs involved in the transfer of government-reserved frequencies for commercial use. Also, from an NS/EP perspective, the NCS could be of assistance to NTIA in helping to manage the process. The NTIA Principal said both the NS/EP and operational impact will be important to consider. Agencies who will potentially be affected have already been active on the issue. There is no longer an opportunity to influence the legislation, which is certain to be enacted. However, it will now be necessary for agencies to plan for the transition and work out revisions to their systems. It will be important for NCS member organizations to cooperate in this area to come up with the best solutions in the face of the likely changes. The Chair said that further discussion should be taken up at the afternoon session of the off-site meeting. 12. Adjournment. The meeting was adjourned at 11:40 a.m. 3 CLINTON LIBRARY PHOTOCOPY Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001b. minutes NCS Committee of Principals Meeting of July 22, 1993 [partial] ca. 07/1993 P3/b(3) [National Security Act] (2 pages) COLLECTION: Clinton Presidential Records Office of Science and Technology Policy O'Neil, John OA/Box Number: CF 99 FOLDER TITLE: Miscellaneous Unsorted Files 2008-1524-F ke2347 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. NCS COMMITTEE OF PRINCIPALS Meeting of July 22, 1993 NAME AGENCY TELEPHONE ** BISCHOFF, William E. DOS (202) 647-2624 CLARK, John DOS (202) 647-7000 ** WUNDERLICH, William H. TREAS (202) 622-1553 * GRIMES, John G. DoD (703) 697-4542 ** ANDERSON, J. Robert DoD (703) 697-7626 ** SHIVELEY, M. Wayne, Dr. DOJ (202) 616-2594 JOSEPHS, Donald E. DOJ (202) 514-3386 ** DOLEZAL, James E. DOI (202) 208-5002 * OKAY, John L. USDA (202) 720-3152 ** JOHNSON, Robert D. USDA (202) 720-8628 * ZETTY, Thomas W. DOC (202) 482-3501 ** GIBBON, Jorome T. DOC (202) 482-3501 CAMPBELL, Frank J. HHS (202) 690-6360 PRICE, John 8. HHS (202) 690-8356 ** CORREIA, Nancy H. DOT (202) 366-9691 ** LEWIS, Robert M. DOE (301) 903-4627 HAYDEN, Richard 0. DOE (301) 903-6977 (b)(3) [0016] ** FORBES, Marlin, LTC(P), USA JS (703) 697-4230 ALY, Sherrie, CDR, USN JS (703) 697-7091 * CORRIGAN, Michael L. GSA (202) 501-0308 ** FLYNN, George F., Jr. GSA (202) 501-0843 SCOTT, Don GSA (202) 208-7493 * BARNETT, Gary USIA (202) 619-5691 ** FUECHSEL, Charles NASA (202) 453-2000 SIGUST, Arthur L.C. NASA (202) 453-2008 ** MAISON, Paul B. FEMA (202) 646-4288 BERENSON, Larry FEMA (202) 646-2900 * NCS Principal ** NCS Alternate Principal 4 JOHNSON, Terry D. FCC (202) 632-0923 * CRANFORD, Gerald F. NRC (301) 492-7585 KELLAM, Thomas B. NRC (301) 492-4054 ** BUCKLEY, Kenneth D. FRB (202) 452-3646 (b)(3) * PARLOW, Richard NTIA (202) 482-1850 SHORT, Alonzo, LTG, USA AA (703) 692-0018 BOWSER, Victor, COL, USA NA (703) 692-3760 SMITH, Carl AR (703) 692-8457 BITTNER, James CN (703) 692-8020 GANNON, Harvey, CAPT, USN NJ (703) 692-9274 CAPUTO, Chuck NJ (703) 692-8044 CLEARY, Mike, LtCol, USAF NJ (703) 692-8565 FLEIT, Merle NJ (703) 692-8508 HERR, Fred NJ (703) 692-8388 JEFFERSON, Janet NJ (703) 692-8434 BOHEIM, Ken NP (703) 692-2813 BARKER, Rocky NP (703) 692-9835 HAMILTON, Paul, Col, USAF NP (703) 692-9854 NEWLAND, Peggy NP (703) 692-8509 PHILLIP, Eugene NP (703) 692-9853 SELLERS, Tom NP (703) 692-9835 BODSON, Dennis NT (703) 692-2124 TATE, Jay DISA (703) 746-1451 MORRISS, B.E. (703) 820-1795 APOSTOLOU, Greg BAH (703) 902-5358 BRODY, Ira BAH (703) 902-5449 GOLDBERG, Monica BAH (703) 902-5373 SPARKS, Rebecca BAH (703) 902-5432 * NCS Principal ** NCS Alternate Principal 5 Clinton Presidential Records Digital Records Marker This is not a presidential record. This is used as an administrative marker by the William J. Clinton Presidential Library Staff. This marker identifies the place of a publication. Publications have not been scanned in their entirety for the purpose of digitization. To see the full publication please search online or visit the Clinton Presidential Library's Research Room. NCS 30th Anniversary. Issue. NS/EP COMMUNICATIONS SNOILNS NATIONAL NCS Telecom News SYSTEM August 1993 Volume 5 Number 1 The NCS: 30 Years NCS Programs: of Accomplishment Meeting the Challenge On August 21, 1993, the National Communica- New world challenges have shaped the NCS tions System (NCS) celebrated its 30th anniversary response to its mission of ensuring the availability of of service to the Nation. This anniversary caps three national security and emergency preparedness decades of accomplishment during which this unique (NS/EP) telecommunications capabilities under all government organization has nurtured, promoted, conditions. The NCS has developed a set of programs and achieved not only interagency cooperation among to accomplish this mission. The mainstay of these ef- Federal departments and agencies, but a strong part- forts, the National Level NS/EP Telecommunications nership with the telecommunications and informa- Program (NLP), consists of three integrated pro- tion systems industries. From its beginnings in the grams designed to enhance the existing national tele- aftermath of the Cuban Missile Crisis, through the communications infrastructure to increase its critical support it provided during Operations Desert robustness during emergency situations. These pro- Shield/Desert Storm and Hurricane Andrew, to the grams, structured to take advantage of technological role it plays in today's humanitarian aid efforts and service enhancements in the networks being implemented by the telecommunications industry, in- see 30 YEARS, page 7 clude the Government Emergency Telecommunica- tions Service (GETS), Commercial Network Survivability (CNS), and Commercial SATCOM Inside: Interconnectivity (CSI). GETS, CNS, and CSI are intended to complement existing Federal Govern- ment systems and services, thus enabling the Fed- Letter from President Clinton 2 eral Government to respond to virtually any emergency situation. LTG Alonzo Short, Jr., NCS Manager 3 GETS. Recent contract awards to the primary interexchange carriers set the stage for the initial op- erating capability (IOC) of GETS. GETS will enhance Partnership with Industry 3 the existing capabilities of the public switched net- works and selected government networks so that they NRC Issues Findings 4 can provide switched voice and voice-band data com- munications to authorized NS/EP users nationwide. GETS will improve network transmission facilities The Changing Technology Environment 5 and use existing switches. Users will dial a personal identification number to access the service and will receive priority treatment when placing calls. New FCC Chairman Named 15 Specifically, GETS will provide a nationwide capability for switched voice and voice-band data Calendar 16 communications by exploiting the undamaged see CHALLENGE, page 11 Letter From the Editor AUG 18 1993 NS/EP Telecom News: Celebrating our Fifth Year Along with celebrating the 30th Anniversary of the National Communica- tions System, in the month of August, we are celebrating the start of the fifth year of publication of the National Communications System's NS/EP Telecom News. Since my last letter to "News" readers, two years ago, there have been several changes. In addition to readership more than doubling in the last two years, this publication is now available in an electronic format on several Electronic Bulletin Board Systems throughout the United States. Starting with Volume 4, Number 1, dated August 1992, we began posting the NS/EP Telecom News on the following Bulletin Board systems: International Interactive Computer Society (IICS) BBS (301) 258-1858 State and Local Emergency Managers Data Users Group (SALEMDUG) BBS (202) 646-2887 Emergency Communications (E*COM) BBS (412) 834-1128 Volunteers in Technical Assistance (VITANet) BBS (703) 527-1086 We would again like to reiterate, we are looking for new articles from our readers. The article should be between 450 and 1500 words, of general interest to all readers, and relate to National Security and Emergency Preparedness telecommunications. The article must be accompanied by the author's name, company/organization and daytime work telephone number. It may not be copyright material, a commercial advertisement, or endorsement or implied endorsement of a commercial product. We reserve the right to edit articles, with approval from the author, before publication. In addition, we encourage you to write to us. Let us know if you do or do not like our articles or if you have a recommendation for additional subjects to be covered. We are always open to your suggestions and/or criticisms. If you would like to write to us, inform us of a change of address or submit an article, our address is as follows: National Communications System Attention: NJ - NS/EP Telecom News Editor 701 South Court House Road Arlington, Virginia 22204-2198 Phuck Diguto Caputo Hold. Telecomm National Security Telecommunications Advisory Committee September 1, 1993 MEMORANDUM FOR THE FUNDING AND REGULATORY WORKING GROUP SUBJECT: Meeting of the Funding and Regulatory Working Group 1. There will be a Funding and Regulatory Working Group (FRWG) meeting on Tuesday, October 26, 1993, from 9:00 a.m. to 11:00 a.m. at Metropolitian Fiber Systems Communications Company, 8100 Boone Boulevard, Suite 500, Vienna, VA. A map is enclosed. The agenda will be distributed upon coordination. Also, the FRWG would like your ideas on what issues require FRWG attention. 2. Please find enclosed a draft summary of the August 17, 1993, meeting for your review and approval. Also enclosed is a draft request for advice letter for your review and comment. Please send any modifications to this letter to Ms. Julia Delpino (fax 703-746-5240) for incorporation before the October 26 meeting. 3. If you have any questions or comments regarding the upcoming meeting, please call me at (708) 218-7258 or Ms. Delpino at (703) 692-8131. 3 Enclosures: Julin RON BEAUMONT Delyans 1 Map Chairman 2 Draft Summary Funding and Regulatory Working Group 3 Draft Letter FOR COP AND COR MEMBERS: As you will recall, you are always welcome to attend the meetings of any NSTAC group. If you will be attending please notify Ms. Julia Delpino so your name can be added to the access roster. A copy of the last draft meeting summary will be provided to you if you request it of Ms. Delpino (703-692-8131). Thank you. 40 Tysons Corner, Virginia LEWINGVR.LE.RD DULLES AIRPORT ACCESS ROAD TOLL ROAD/ROUTE 287 TYCO ROAD JONES BRANCH DRIVE Sheraton Premiere $ INTERNATIONAL PARK RUN DRIVE SPRINGHILL WEST BRANCH DRIVE Days inn MONTE? CREENSBORO 8 You MOTRE DRIVE 3/1NC Hilton DRIVE Holiday Embassy 40 Inn LOW DATE 137700 ROAD CANADA COLSMIRE Guest Suites GOSNELL Westpark ROUTE 123 OLD CORNER MEADOW a SHOPPING MITRE (Hayes) NOWARD FIKE 7525 Colshire Dr. CHAIN BRIDGE ROAD Organ of ANDERSON ROAD Marriott BORING PIMMIT DRIVE AT&T Ramada GALLOWS ROAD CAPITAL BELTWAY 1-495 LEESBURG PIKE Matro M (Subwee) ROAD - - ROUTE ROUTEM 3 Direction to Metropolitan Fiber Systems Communications Company 8100 Boone Blvd., Vienna, Virginia 22182 703/506-2000 Take 495 to Route 7 West (Exit 10) go to the second light and turn left on Gallows Road, go to the first light and turn left on Boone Blvd., we are the second building on the left. DRAFT FUNDING AND REGULATORY WORKING GROUP (FRWG) MEETING SUMMARY August 17, 1993 CALL TO ORDER/ADMINISTRATIVE REMARKS. Mr. Andrew Lipman, MFS Communications Company, Inc. (MFSCC) convened the twelth meeting of the FRWG at 9:00 a.m. at GTE in Washington, D.C. Mr. Ron Beaumont, MFSCC, FRWG Chairman, joined the meeting by phone. A meeting attendance list and handouts are provided in Appendices A & B, respectively. REVIEW OF PREFERENTIAL TREATMENT REGULATORY ISSUE DISCUSSION. Mr. Lipman reviewed the discussion of preferential treatment regulatory issues conducted at the last FRWG meeting on July 19, 1993, and the activities that have occurred subsequent to that meeting, including the results of the questionnaire sent to National Security Telecommunications Advisory Committee (NSTAC) Industry Executive Subcommittee (IES) members. He said the IES respondents nearly unanimously agreed that priority preferences offered voluntarily did not violate the Communications Act of 1934, as amended, and that the Government should ask the Federal Communications Commission (FCC) for an Advice Letter, although one member noted that the FCC Advice Letter could be overruled in court. IES respondents also agreed that compliance should be voluntary. DISCUSSION OF OUTLINE OF LETTER TO FCC REQUESTING ADVICE LETTER. Mr. Lipman then reviewed the draft of the letter outline prepared by Mr. Paul Schwedler, Assistant Regulatory Counsel, Telecommunications, Department of Defense (NCS-AR) (see Appendix B). In the initial comments, LtCol Michael Cleary, National Communications System, Office of the Joint Secretariat (NCS-NJ), suggested replacing a reference in paragraph 3 to "national defense" with "national security." Mr. Schwedler agreed. Mr. Schwedler noted the final draft would include graphics and citations. Mr. Lipman questioned whether the letter should be addressed to the FCC's Common Carrier Bureau or the FCC Secretary's office. After further discussion, the members agreed that Mr. Lipman would speak with FCC Commissioner Andrew Barrett to determine who the appropriate addressee should be and to familiarize him with the issue. Mr. Dave Bush, AT&T, suggested that the letter should expressly state the Federal Government did not envision preemption of intrastate calls. Mr. Lipman clarified that the letter pertained only to calls under FCC jurisdiction, i.e., interstate calls, and that it was not intended to supersede the States. Mr. Bush asked whether the national security and emergency preparedness (NS/EP) nature of the services under discussion would allow the FCC to mandate preemption. Mr. Lipman responded that the letter addressed local origination and termination of interstate calls and observed that FCC jurisdiction generally did not extend to local or intrastate toll calls. He suggested, 1 DRAFT Enclosure 2 DRAFT however, that the letter could include words to justify FCC preemption. Mr. Schwedler observed that doing so would require another FCC vehicle such as a rulemaking. Mr. Lipman agreed. Ms. Ernie Gormsen, GTE, observed that most traffic during disasters was intrastate. LtCol Cleary stated that during disasters, intrastate calls may be routed beyond State boundaries in order to be completed. Mr. Bob Anderson, DoD, asked if the Government Emergency Telecommunications Service (GETS) would be affected if enhanced call completion (ECC) services were restricted to interstate services. Mr. Eugene Phillips, NCS Office of Plans and Programs (NP), stated, in this respect, if the letter was worded improperly it could prompt the FCC to issue a negative ruling. Mr. Schwedler responded that the FCC Advice Letter covered GETS, but added that it did not address cellular priorities or implementation of other ECC calling features. He also stated DoD Chief Regulatory Counsel for Telecommunications, Carl Smith, agreed with this approach. Mr. Lipman added, in addition to increasing the comfort level of industry, a favorable FCC response would have a similar effect on the States. They could thus conclude preferential treatment is not discriminatory. Citing the Telecommunications Services Priority (TSP) example, Mr. Bush said some State public utility commissions (PUCs) might object and suggested approaching them independently to socialize the issue and gain their support. LtCol Cleary suggested asking the Federal Emergency Management Agency (FEMA) to work with the States, although Mr. Anderson recalled FEMA's lack of success in a similar effort to present the TSP program. Mr. Bush observed that preferential treatment would have a more significant impact on the States because it would take precedence over 911 and any other service that did not have a preferential treatment flag. The Government could therefore anticipate problems, he concluded. Mr. Anderson suggested starting a public relations effort with the States noting that a similar effort by the TSP program office produced positive results. In response to a question regarding the inclusion of State and local users within the definition of NS/EP, Mr. Schwedler said these users could take advantage of programs such as GETS. Mr. Anderson observed that GETS had been advertised as a State and local service, adding that DoD intended to authorize GETS use for specific DoD contractors. Mr. Schwedler suggested using the TSP definition, which includes State and local governments. Mr. Anderson suggested this language should be incorporated in the GETS documentation. Mr. Bush suggested asking the FCC to authorize preferential treatment services in the local exchange service areas. Mr. Anderson noted TSP documentation could be used to demonstrate such authorization already existed. Mr. Phillips questioned whether the GETS program might be placed at risk by raising the issue with the FCC. Mr. Anderson responded that failure to raise the issue would create a greater risk. Mr. Lipman reiterated the purpose of 2 DRAFT DRAFT getting FCC approval is to raise the comfort level and that it is unlikely the FCC would prevent carriers from providing preferential treatment for NS/EP purposes. LtCol Cleary asked whether State and local users included 911 services. Mr. Schwedler stated 911 services are included under TSP. Ms. Gormsen observed 911 service is primarily intrastate and therefore would not be subject to FCC jurisdiction. Mr. Bush said although NS/EP services are generally covered by the FCC, it was not clear that all 911 calls are NS/EP calls. TSP Program Manager Mr. Bernie Farrell, NCS Office of Emergency Preparedness (NE), said 911 service is not designed to deal with major disasters because it could handle only a finite number of calls. He also noted 911 services are trunked separately. Ms. Gormsen said TSP tariffs need to be filed both with the FCC and State PUCs. Mr. Lipman observed an intrastate tariff for preferential treatment can be filed with the PUC and that it would then be up to the PUC to file an objection. Ms. Gormsen recalled such a procedure was followed with the original TSP filings and that the State and local governments protested. Mr. Beaumont stated the FCC Advice Letter should address only interstate services. The members discussed alternatives to gaining authorization for intrastate preferential call treatment. Mr. Lipman said, for intrastate preferences, the Government would have to go through the FCC comment and rulemaking process. Mr. Farrell stated, if the Government took this approach, it should approach the National Association of Regulatory Utility Commissioners (NARUC), the National Association of State Telecommunications Directors (NASTD), and individual States in order to socialize the issue and gain support. Mr. Lipman agreed, adding that NASTD and NARUC's support of the Government's position would influence the FCC. The sooner the Government approached NARUC, he added, the greater the possibility of success. Mr. Schwedler observed that one problem with the bifurcated approach was the FCC might decide to consolidate both into a single rulemaking. Mr. Bush suggested asking Mr. Smith to discuss the issue informally with FCC staff to determine how best to proceed. After further discussion, LtCol Cleary suggested the NSTAC recommend that the President, by virtue of his close ties with State governors, be asked to raise the issue with them at the next possible opportunity. Ms. Gormsen observed that the new FEMA director, Mr. James Witt, is a friend of the President and should also be approached. Summarizing the discussion, Mr. Lipman stated the group approved of the draft outline of the letter to the FCC requesting an Advice Letter, and that the letter should be finalized and socialized with the FCC. He noted the apparent consensus of the members regarding preparation of a separate document for presentation to the FCC that authorized preferential treatment for intrastate services. To avoid delaying issuance of the initial FCC Advice Letter, he suggested addressing the State preemption issue at a later date, 3 DRAFT DRAFT adding that a one-line reference to State preemption would be included in the letter to the FCC to flag the issue. A draft of the letter to the FCC will be faxed to the IES members for comment as soon as possible. Ms. Gormsen noted, and the members generally agreed, that only common-carrier members would respond, but that among the common carrier members there would be consensus. Mr. Beaumont said responses from a majority of the common-carrier members would be satisfactory. Mr. Beaumont said the Government should also prepare a white paper to explain ECC, preferential treatment, and priority access. This paper could be used to socialize the issue with both the FCC and the States. He suggested writing a letter to all IES members to advise them of the FRWG's activities and to solicit their comments. The members agreed. Mr. Beaumont noted the FRWG members should set a deadline for both the letter to the FCC and the white paper. NEW BUSINESS. Mr. Beaumont noted that several IES members had told him the scope of the FRWG should be broadened to include new issues. He stated, while the FRWG supported IES task forces and working groups that identified issues, the FRWG ought to be proactive. In response to comments regarding possible issues which may emerge within the context of the National Information Infrastructure (NII) Task Force, Mr. Beaumont stated the FRWG did not want to get ahead of the Task Force. Mr. Lipman stated it would nevertheless be helpful to get a list of regulatory issues identified by the NII Task Force to generate ideas for future issues. He also suggested polling other task force and working group chairmen to identify additional issues. The members agreed. NEXT STEPS/MEETING SCHEDULE. The next meeting of the FRWG will be held on October 26, 1993, 9:00 a.m. to 11:00 a.m., at MFSCC facilities in McLean, VA. ACTION ITEMS: Revise draft letter to FCC requesting Advice Letter and fax to IES members for comments Begin preparation of petition to FCC for rulemaking authorizing preferential treatment of intrastate calls Begin preparation of white paper on preferential treatment explaining ECC and preferential treatment Obtain list of potential issues for FRWG consideration from IES Task Force and Working Group chairmen. 4 DRAFT DRAFT APPENDIX A FRWG MEETING ATTENDEES JULY 19, 1993 NAME ORGANIZATION PHONE NUMBER Robert Anderson DoD (703) 697-7626 Jim Bean GTE (202) 466-2302 Ron Beaumont (Chair) MFSCC (708) 218-7258 Dave Bush AT&T (301) 608-4871 LtCol Mike Cleary NCS-NJ (703) 692-8565 Michael Cohen MITRE (703) 883-7372 Jodi Cooper MCI (202) 887-2145 Barbara Deitzer BAH (703) 902-5361 Julia Delpino NCS-NJ (703) 692-8131 Bernie Farrell NCS-NE (703) 746-5375 Richard Fruchterman Wiltel (202) 833-8994 CAPT Harvey Gannon NCS-NJ (703) 692-9274 Ernie Gormsen GTE (202) 466-2325 Louis Levy BAH (703) 902-5399 Andrew Lipman MFS (202) 424-7833 Eugene Phillip NCS-NP (703) 692-9853 Paul Schwedler NCS-AR (703) 692-8457 Brian Thomas PTI (202) 223-5200 LtCol Gerry Trull NCS-NJ (703) 692-8132 5 DRAFT DRAFT APPENDIX B RESPONSES TO QUESTIONAIRE TOTAL RESPONSES: 19 ABSTENTION: 4 Issue 1. I agree that the proposed call-by-call prioritial preferences offered voluntarily by common carriers to the federal government do not appear to be in violation of Section 202 (a) or any other section of the Communications Act. YES 12 Comments: Should be determined by FCC. Needs to be spelled out clearly. NO - Issue 2. I agree that it is advisable to ask the FCC to confirm that the voluntary offering of these services do not violate the Act. YES 15 Comments: Depends on method used; informal V. formal pleading NO - Issue 3. I agree that if the FCC itself, or through delegation to the Common Carrier Bureau, issues a letter confirming that the services to be provided do not violate the Communications Act, the carriers may safely provide them. YES 14 Comments: FCC action is not a guarantee eg forbearance NO 1 If it's an advisory opinion letter consistent with administrative law If they so chose. But what about protection if preemeption is required. Issue 4. I agree that only common carriers which have the interest and capability to provide the proposed services will provide them. No carrier will be required to expend resources specifically to provide the services. YES 13 Comments: It could come to mandatory provision. NO I Additional Comments: Recommendation for a declaratory rulemaking. The conclusion is correct to provide preferred treatment to the Government because the Comm Act provides for a class of traffic. The Government would be that class. Therefore, the de minimus effect is not germane. 6 DRAFT DRAFT DRAFT OUTLINE W. F. Caton, Acting Secretary Federal Communications Commission 1919 M Street, N.W. Washington, D.C. 20554 Re: Request for Advice Letter Dear Mr. Caton, 1. Request Request for a letter advising that common carriers may provide certain calling priorities over the PSN for NS/EP purposes on a call-by-call basis without being in violation of Section 202(a) of the Act. OMNCS requesting letter as the customer of carriers with whom it has entered into contracts to provide services. NSTAC's FRWG requested this letter. 2. Background A. Previously authorized such priorities under Voice Precedence System. Rules were eliminated as part of TSP rulemaking as impracticable since they required operator involvement and, the automation of the PSN had eliminated most operator involvement. Now technology will permit the identification of an NS/EP call as it traverses the PSN, allowing priorities to be given. Need assurance that technology may be implemented. B. Recent disasters highlight need. 3. Precedent Cites to affirm that FCC has right and duty to act in the interests of national defense and has done so previously. 4. Description of Services A. Used for NS/EP only, controls over authorization Voluntarily provided by carriers under contract To be tariffed Available 24 hours a day Permits NS/EP calls into/out of disaster area, from any phone Unlike old Voice Precedence System which was provided free of charge, Government will pay. Also, there is to be no preemption of completed calls, as was permitted under VPS. B. Special Application of and exemption from Network Management Controls Enhanced Alternate Routing (LEC, IXC) Trunk Queuing Dynamic Trunk Reservation C. Expected de mimimus effect on overall PSN operation 5. Request for Letter of Authorization Please say it's OK. s/Carl Wayne Smith 7 DRAFT DRAFT 1 W. F. Caton, Acting Secretary Federal Communications Commission 1919 M Street N.W. Washington, D.C. 20554 Re: Request for Advice Letter Regarding NS/EP Services Dear Mr. Caton, The Office of the Manager of the National Communications System (OMNCS) hereby requests that the Commission issue an advice letter which, if issued, would permit common carriers to better serve National Security/Emergency Preparedness (NS/EP) interests. Specifically, it is requested that the Commission advise that common carriers may, prior to implementation of the President's war emergency powers under Section 706 of the Communications Act (the "Act"), provide call-by-call priorities over the Public Switched Network (PSN) for NS/EP purposes without being in violation of Section 202 (a) of the Act. The OMNCS requests this advice on behalf of a number of common carriers which have expressed a willingness to provide the priority calling services, to be described below. The request is necessary given the language in Section 202 (a) of the Act which makes it unlawful for any common carrier to make any unjust or unreasonable discrimination in its practices or services for like communications services or to make or give any undue or unreasonable preferences to any person or class of persons, or to subject any users to any undue or unreasonable prejudice or disadvantage. Without a letter advising that the proposed services would not constitute the actions prohibited by Section 202 (a) of the Act, carriers may be understandably reluctant to provide them. Attached hereto and incorporated herein is a legal memorandum setting forth the Commission's authority and responsibility to consider NS/EP in its actions. In keeping with the responsibilities and duties conferred upon it by the Act, the Commission has previously authorized call-by-call priorities over the PSN. In the Matter of a Precedence System for Public Correspondence Service Provided by the Communications Common Carriers, 20 FCC 2d. 169 (1969). Those rules provided a method whereby operators could permissibly give certain emergency calls relating to national defense priority over other, non-emergency calls. The rules were set forth in Enclosure 3 8 Appendix B to Part 64 of the Commissions Rules and Regulations. In 1988, as part of the Telecommunications Services Priority rulemaking, the rules permitting call-by-call priorities were deleted. By that date, the PSN had become automated to the extent that the vast majority of calls required no operator involvement, and without operators there was no method to distinguish an emergency call from a non-emergency call on the PSN. National Security Emergency Preparedness Telecommunications Services Priority System, 3 FCC Rec. 6650 (1988). Today, with advancements in technology, calls may be identified as emergency calls and given priorities automatically as they traverse the PSN, without operator involvement. What is being sought therefore, is merely reaffirmation that what was legal from 1969 to 1988 remains legal. Only the technology has changed. Recent disasters, including the Loma Prieta earthquake and Hurricanes Hugo and Andrew, have pointed out the current necessity and desirability of permitting calling priorities in emergency situations for NS/EP personnel. The following is presented as a sample of those services which, if implemented, would greatly enhance NS/EP efforts. Other priority services will almost certainly be developed. It is believed that their impact on the non-emergency user of the PSN would be largely imperceptible, but there may be times when their use could delay for a short interval of seconds the completion of a non-emergency call: A. Trunk Queuing. NS/EP calls would be held in a queue until a trunk became available, at which time the first call in queue would have access to the trunk on a first-in, first-out basis. NS/EP calls remaining in the queue would be held until subsequent trunks became idle, rather than being routed to an all-trunks-busy tone trunk. B. Dynamic Trunk Reservation. This permits the reservation of voice grade trunks in the PSN for certain classes of calls under designated conditions. It could be implemented and activated in several ways. Under one such method, a control could be operated that would reserve a trunk in the PSN for NS/EP traffic as soon as it became idle. When an NS/EP call accessed the idle trunk, another idle trunk would be reserved for NS/EP traffic. C. Special Application of and Exemption from Network Management Controls. Network management controls are a set of measures used to prevent or reduce degradation in PSN service. Controls may be invoked when customer demands, equipment malfunctions or other events cause a deviation from engineered traffic loads and result in abnormally high traffic overflow or blockage, such as typically occurs during a major natural disaster. Special application of network management controls could provide NS/EP identified calls with special traffic handling privileges not available to non-emergency users. Exemption from network management protective controls would 9 provide NS/EP identified calls with immunity from cancellation controls, which would be applicable to the non-emergency user of the PSN. D. Enhanced Routing. Enhanced alternate routing programs would provide inter exchange carriers additional capability to transport NS/EP calls to their destinations by affording them special routing controls and paths within or among the inter exchange carriers's networks. These services, and other similar services, would be provided only to duly authorized NS/EP users of the PSN for their exclusive use in emergency conditions. The services would be provided under contract with carriers, and in most instances tariffs would be filed reflecting the prices charged for these services. Two distinctions between these priority services and those provided under the rules previously contained in Appendix B to Part 64 of the Rules should be noted. First, under the old rules, calls could be preempted, that is, a non-emergency call already completed could be disconnected by the operator if that action were necessary to complete the emergency call. No preemption of already completed calls would be permitted under the services to be provided pursuant to the requested advice letter, and hence any possible degradation of service to the non- emergency PSN user would be less than under the old rules. Second, the NS/EP services provided under the old rules were provided without cost to the user. The proposed services will be paid for by the NS/EP user. These distinct services, with distinct charges, made available only to Government users, constitute a separate offering distinguishable from standard PSN services. These services are therefore properly classifiable as "Government" services under Section 201 (b) of the Act. So classified, they are not the type of "like" service to which Section 202 (a) applies in relation to unjust or unreasonable discrimination, nor would their provision constitute any undue or unreasonable preference or undue or unreasonable prejudice or disadvantage. Based on the foregoing, it is respectfully requested that the Commission issue a letter advising that the provision by common carriers of priorities or preferences to NS/EP users of the PSN, prior to invocation of the President's emergency war powers, would not be considered a violation of Section 202 (a) of the Act. CARL WAYNE SMITH Chief Regulatory Counsel, Telecommunications-DoD 10 LEGAL MEMORANDUM A SYSTEM FOR PRIORITY TREATMENT OF NSEP TELECOMMUNICATION SERVICES IS AUTHORIZED BY THE COMMUNICATIONS ACT OF 1934, AS AMENDED. A. The Communications Act requires the FCC to take NSEP concerns into account in its regulatory actions. Section 1 of the Communications Act establishes that the FCC was created, in part, "for the purpose of the national defense." 47 U.S.C. Sec. 151. Since the enactment of that provision, the FCC has consistently recognized its duty to consider national security emergency preparedness concerns and goals when exercising its regulatory responsibilities. See e.g., The Consolidated Application of AT&T Company and Specified Bell System Companies, 98 FCC 2d 141 (1983); AT&T, 44 FCC 602, 605 (1955) Overseas Communications, FCC 78-155 (released October 26, 1978); Bendix Aviation Corp. V. FCC, 272 F.2d 533, 538 (D.C. Cir. 1959). In the MTS-WATS Market Structure Inquiry (73 FCC 2d 222, 230 (1979)), the FCC observed that satisfying national defense needs is a specific goal of the Communications Act. The FCC has also recognized that national defense considerations are properly a part of its decision-making process regarding Section 214 and 310(d) applications because its responsibilities under those sections are to ensure that the public interest, convenience, and necessity will not be adversely affected by the transfer of facilities and radio licenses. See e.g., AT&T, Northeast Corridor Lightguide Cable, 89 FCC 2d 1168, 1179 (1982). Moreover, to meet the needs of national defense and security, the FCC specifically tailored its decision establishing the existing Telecommunications Services Priority System, which allows priority restoration and provisioning of certain critical government telecommunication services. See, National Security Emergency Preparedness Telecommunications Services Priority System, 3 FCC Rec. 6650 (1988). The FCC 11 has considered the requirements of NSEP in its evaluation of whether to impose limited joint planning requirements upon commercial carriers. See MTS and WATS Market Structure, Phase III, 100 FCC 2d 860 (1985). The FCC has also given national security considerations weight in arriving at a facilities plan to meet Pacific telecommunication needs during the period from 1981 to 1995. See Inquiry to Be Followed in the Authorization of Common Carrier Facilities to Meet Pacific Telecommunications Needs During the Period 1981-1995, 100 FCC 2d 1444 (1985). Indeed, the FCC in part based its decision to allow the transfer of licenses and facilities from AT&T to the Bell Operating Companies (to implement divestiture) upon an assessment of the impact upon NSEP. See The Consolidated Application of AT&T and Specified Bell System Companies, supra, at 172. There, the FCC specifically found that the BOC's NSEP response plan (i.e., the portion of the AT&T Plan of Reorganization stating the responsibilities of Bellcore NSEP) would serve the public interest. Finally, the Commission's May 1986 Declaratory Ruling on the NSEP Procedures Manual again noted that its defense responsibilities require all provisions of the Communications Act to be read in light of the national defense purpose of the Communications Act. B. Legislative history evidences congressional intent to allow priority treatment of Federal government telecommunications services in the interests of national defense. A review of legislative history of the Communications Act supports the conclusion that telecommunication service vendors should be allowed to provide call-by-call priorities over the Public Switched Network as proposed herein. Prior to enactment of the Communications Act of 1934, Senate Bill 2910 and House Rule 8301 were the bills introduced in the 73rd Congress, 2d Session. They were intended to provide for the regulation of interstate and foreign communications by wire and radio. Extensive hearings were held on the 12 Senate Bill during March 1934. Hearings on S.2910 before the Senate Committee on Interstate Commerce, 73rd Cong., 2d Sess. (1934). Captain S.C. Hooper, Director of Naval Communications testified before the Senate Committee and suggested changes in three sections of the bill in order to protect more fully the interests of national defense. Hearings on S.2910, supra, at 160-173. Specifically addressing Section 1 of the Act, Captain Hooper stated: Section 1 relates the purposes of the act. It expresses or should express the broad policy by which the Commission is to be guided in its decisions. One of the most potent factors which will operate either for or against our success in any future war is our vast system of internal and external wire, cable, telephone, and radio communications over which this Commission is now being placed in control. While the demands of national defense in time of peace affect our communications lightly, nevertheless, a firm foundation must be built within our communication companies on which our wartime communication structure may be placed swiftly and safely. The transfer of our commercial organizations from a peace to war basis cannot be accomplished in a month or even a year, unless the groundwork is carefully laid. The Communications Act of 1934 should recognize this fact and, to afford the members a complete statement of the general purpose of the act by which, in general their actions are to be guided, I suggest that in line 4, page 2, after the comma after the word 'charges' the words 'for the purpose of safeguarding these services and facilities in order that they may be utilized to best advantage in the interest of common defense.' Id. at 161. Captain Hooper also presented to the Committee excerpts from a Joint Board of the Army and Navy which emphasized "that the communication system of the Nation is of vital importance to the national defense " Captain Hooper presented similar testimony before a House Committee in April 1934. Hearings on H.R. 8301 before the House Interstate & Foreign Commerce Committee, 73rd Cong., 2nd Sess. (1934). Captain Hooper again proposed amending Section 1 of the bill to reflect a national defense purpose and presented detailed memoranda noting in part the need for a law properly addressing national defense. Id. at 20-21, 24, 41, 59-60. Major Roger Colton, Signal Corps, U.S. Army, also testified on behalf of the War Department before the House Committee and concurred in the Navy Department's 13 recommendation. Id. at 100-101. As a result of the Senate Hearings, a new bill, S. 3285, was introduced in the Senate. As contained in the bill, Section 1 of the Act described national defense as one of its purposes. That bill ultimately became the present law. Both the FCC and courts of law have subsequently recognized the specific legislative intent to incorporate national defense concerns into the regulatory process created by the 1934 Act. In 1955 the FCC, in setting forth the purposes to be achieved by the Commission's regulatory activity, recognized Section 1 of the Act, which includes its national defense purpose. AT&T, supra. See also Overseas Communications, supra, at para 7. In the same proceeding, the Commission also indicated its awareness " of numerous clear and unequivocal expressions of Congressional intent, of which we hereby take judicial notice, that the highest priority must be given to the national defense and security interests of the nation." Id. In Bendix Aviation Corp. V. FCC, the court stated a similar view noting that "one of the prime purposes of the Act' is "national defense." 272 F. 2d 533, 538 (D.C. Cir. 1959). Finally, as detailed above, the Commission recognized in the MTS-WATS Market Structure Inquiry, supra, that satisfying national defense needs is one of its specific goals as expressed in Section 1 of the 1934 Act. In addition to specifying its national defense purpose, the 1934 Act addresses the need for separate treatment of government telecommunication services. According to Section 201 (b): The communications by wire or radio subject to this Act my be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as the Commission may decide to be just and reasonable, and different charges may be made for the different classes of communications. 14 47 U.S.C. Sec. 201 (b) (emphasis added). This language is identical to that submitted in 1934 in Senate Bills 2910 and 3285, and House Resolution 8301. However, the legislative history of the 1934 Act did not particularly address the intent behind allowing telecommunication services to be classified as "Government." Ultimately, between 1943 and 1947, extensive discussion concerning the meaning of Section 201 (b) did occur and resulted in an amendment to the Act, permitting special government rates for telegraph service. The effect of this amendment was to preserve preferential rates mandated by the Post Roads Act of 1866 for domestic telegrams from government departments and officials relating exclusively to public business. Sections 3 and 601 of the Communications Act of 1934 later established preferential government rates for all types of telegraph service. In 1943 Congress amended Section 3 to establish the priority of government telegrams over commercial traffic. At the same time, Congress rejected a proposed amendment to the 1866 Act which, in effect, would have eliminated the requirement for telegraph companies to charge the government less than commercial rates. Congress granted the FCC the authority to fix the level of these lower rates. H.R. Rep. No. 69, 78th Cong., 1st Sess. (February 1, 1943); and S. Rep. No. 13, 78th Cong., 1st Sess. (January 18, 1943). As stated in the Conference Report, the result of this congressional action was to confirm that "[u]nder such section 201 (b) the Commission may classify 'Government' communications as such, and prescribe rates therefor." Conf. Rep. No. 142, 78th Cong., 1st Sess. 15 (February 22, 1943). Several other provisions of the Communications Act of 1934 evidence congressional intent that the Federal government may be give separate, and sometimes special, treatment. Section 4(j) authorizes the Commission to 15 withhold publication of secret information affecting the national defense. Section 210(b) permits the Commission to authorize the provision of free service to the Federal government "in connection with the preparation for the national defense." Sections 214(b) and 222(c)(1) also requi notice to certain government officials regarding various proposed carr; if activities. Sections 305, 319(d) and 323 contain special provisions related to government- owned radio stations. C. The existing Telecommunications Services Priority (TSP) System currently authorizes restoration and provisioning priority treatment for certain NSEP telecommunication services. Pursuant to the Communications Act, the FCC and Executive Office of the President (EOP) (acting through the NCS) have established the current TSP System as a uniform system of priorities for the restoration and provisioning, during emergency situations, of vital NSEP telecommunication services. (See 47 CFR Parts 64 (Appendix A) and 216.2 for the rules and regulations governing TSP.) Such situations include major natural or man-made disasters and emergencies involving the national defense and security. In so doing, the FCC ordered common carriers to honor approved priorities and restore services according to the level of priority assigned to such service. The TSP system also includes for priority provisioning of new services, again utilizing a level of priority. Read as a whole, the provisions of the Communications Act and their legislative history demonstrate that national security emergency preparedness considerations and Federal government telecommunication needs were intended to receive some separate and priority treatment within the regulatory framework established by Congress. 16 Date 5/25 To John Time 0840 WHILE YOU WERE OUT M Jeff NASA Hofgard of Phone 358-1651 Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message Re aeronautics MOU Operator AMPAD 23-021 - 200 SETS EFFICIENCY@ 23-421-400 SETS CARBONLESS 5/24 TO: OSTP/O'Neil 395-1572 395 OSTP/Mussara 395-4195 FROM: NASA/Hofgard RE: Draft MOU Enclosed is an uncleared draft aeronautics MOU with Russia. (The program office has cleared. The legal office has essential cleared with some very minor comments). Please call me later today. Thanks. Jeff m Hofgard P.01 I CODE 3584329 202 15:30 Proft 5/24/93 MEMORANDUM OF UNDERSTANDING ON COOPERATION IN FUNDAMENTAL AERONAUTICAL SCIENCES BETWEEN THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION OF THE UNITED STATES OF AMERICA AND THE DEPARTMENT OF AVIATION INDUSTRY, MINISTRY OF INDUSTRY OF THE RUSSIAN FEDERATION THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) OF THE UNITED STATES OF AMERICA AND THE DEPARTMENT OF AVIATION INDUSTRY, MINISTRY OF INDUSTRY OF THE RUSSIAN FEDERATION, HEREINAFTER REFERRED TO AS "THE PARTIES": HAVE AGREED AS FOLLOWS: ARTICLE I. PRINCIPLES 1. THIS MEMORANDUM OF UNDERSTANDING (MOU) SHALL ESTABLISH COOPERATIVE RESEARCH IN FUNDAMENTAL AERONAUTICAL SCIENCES BETWEEN THE PARTIES, UTILIZING THE COMPLEMENTARY CAPABILITIES, FACILITIES AND TALENTS OF THE PARTIES. 2. THE PARTIES SHALL CARRY OUT COOPERATIVE EFFORTS IN FUNDAMENTAL AERONAUTICAL SCIENCES UNDER THIS MOU ON THE BASIS OF EQUALITY, RECIPROCITY AND MUTUAL BENEFIT. 3. THE PARTIES HAVE IDENTIFIED FUNDAMENTAL AERONAUTICAL SCIENCE COOPERATIVE RESEARCH ACTIVITIES IN AREAS SUCH AS: TRANSITION AND TURBULENCE : THERMAL PROTECTION SYSTEM MATERIALS CHEMICALLY REACTING FLOWS COMPOSITE STRUCTURES AND MATERIALS 20'd 1 CODE 3584329 202 15:31 05-24-1993 Dust 4. COOPERATION UNDER THIS MOU MAY BE IMPLEMENTED IN THE FOLLOWING FORMS: COOPERATIVE SCIENTIFIC RESEARCH PROJECTS COOPERATIVE UTILIZATION OF TEST FACILITIES AND TEST ARTICLES JOINTLY-SPONSORED SCIENTIFIC CONFERENCES, SYMPOSIA AND WORKSHOPS EXCHANGES OF DATA, INFORMATION AND DOCUMENTATION 5. COOPERATIVE ACTIVITIES UNDER THIS MOU, INCLUDING EXCHANGES OF TECHNICAL DATA, INFORMATION AND EQUIPMENT, SHALL BE CONDUCTED IN ACCORDANCE WITH NATIONAL LAWS AND REGULATIONS OF EACH PARTY, AND SHALL BE SUBJECT TO THE AVAILABILITY OF APPROPRIATED FUNDS. ARTICLE II. ORGANIZATION AND ADMINISTRATION 1. THE PARTIES SHALL SERVE AS THE PRINCIPAL IMPLEMENTING AGENCIES FOR DEVELOPING AND CARRYING OUT THE COOPERATION ENVISAGED UNDER ARTICLE I OF THIS MOU. 2. EACH OF THE COOPERATIVE PROJECTS MAY BE THE SUBJECT OF A SPECIFIC WRITTEN AGREEMENT BETWEEN THE DESIGNATED IMPLEMENTING AGENCIES THAT DEFINES THE NATURE AND SCOPE OF THE PROJECT, THE INDIVIDUAL AND JOINT RESPONSIBILITIES OF THE DESIGNATED IMPLEMENTING AGENCIES, FINANCIAL ARRANGEMENTS, IF ANY, AND THE PROTECTION OF INTELLECTUAL PROPERTY CONSISTENT WITH THE PROVISIONS OF THIS MOU. 3. THE PARTIES SHALL FORM A JOINT WORKING GROUP FOR THE IMPLEMENTATION OF AGREED COOPERATION IN AERONAUTICAL SCIENCES WITHIN THE SCOPE OF THIS MOU. 4. THE JOINT WORKING GROUP IN AERONAUTICAL SCIENCES SHALL MEET PERIODICALLY IN THE UNITED STATES AND RUSSIA, USUALLY ON AN ANNUAL BASIS, FOR THE PURPOSE OF PROVIDING A MANAGEMENT STRUCTURE AND OVERSIGHT OF JOINT EFFORTS CARRIED OUT PURSUANT TO THIS MOU. THE JOINT WORKING GROUP SHALL: APPROVE THE WORK PROGRAM FOR AGREED JOINT EFFORTS; REVIEW THE STATUS OF ONGOING EFFORTS; EVALUATE THE RESULTS OF COMPLETED EFFORTS; CONSIDER NEW PROPOSALS FOR COOPERATION; CONCLUDE SPECIFIC PROJECT AGREEMENTS; EXCHANGE INFORMATION ON AERONAUTICAL SCIENCES RESEARCH BEING CONDUCTED IN EACH COUNTRY; AND EXCHANGE INFORMATION ON ADMINISTRATIVE MATTERS RELATING TO THE IMPLEMENTATION OF ALL COOPERATION CONDUCTED UNDER THIS MOU. 3.00 I 3000 3584329 202 15:31 Draft ARTICLE III. ALLOCATION OF CERTAIN RISK 1. WITH RESPECT TO ACTIVITIES UNDERTAKEN PURSUANT TO THIS MOU, NEITHER PARTY SHALL MAKE ANY CLAIM AGAINST THE OTHER WITH RESPECT TO INJURY OF DEATH OF ITS OWN OR ITS CONTRACTORS' OR SUBCONTRACTORS' EMPLOYEES, OR WITH RESPECT TO DAMAGE OF ANY KIND TO OR LOSS OF ITS OWN OR ITS CONTRACTORS' OR SUBCONTRACTORS' PROPERTY WHETHER SUCH INJURY, DEATH, DAMAGE OF LOSS ARISES THROUGH NEGLIGENCE OR OTHERWISE, EXCEPT IN THE CASE OF WILLFUL MISCONDUCT. 2. AT ELECTION OF EITHER PARTY, ADDITIONAL OR ALTERNATIVE PROVISIONS RELATING TO THE ALLOCATION OF RISK FOR SPECIFIC COOPERATIVE ACTIVITIES MAY BE NEGOTIATED PRIOR TO THE COMMENCEMENT OF THOSE SPECIFIC ACTIVITIES. ARTICLE IV. EXCHANGE OF TECHNICAL DATA AND GOODS EACH PARTY IS OBLIGATED TC TRANSFER TO THE OTHER PARTY ONLY THOSE TECHNICAL DATA AND GOODS NECESSARY TO FULFILL THE RESPONSIBILITIES OF THE TRANSFERRING PARTY UNDER THIS MOU AND ANY RELEVANT IMPLEMENTING ARRANGEMENTS, SUBJECT TO THE FOLLOWING: 1. IN THE EVENT A PARTY FINDS IT NECESSARY TO TRANSFER TECHNICAL DATA IN CARRYING OUT ITS RESPONSIBILITIES UNDER THIS MOU OR IMPLEMENTING ARRANGEMENT THAT ARE PROPRIETARY, AND FOR WHICH PROTECTION IS TO BE MAINTAINED, SUCH TECHNICAL DATA WILL BE MARKED WITH A NOTICE INDICATING THAT IT SHALL BE USED AND DISCLOSED BY THE RECEIVING PARTY AND ITS CONTRACTORS AND SUBCONTRACTORS ONLY FOR THE PURPOSES OF FULFILLING THE RECEIVING PARTY'S RESPONSIBILITIES UNDER THIS MOU OR IMPLEMENTING ARRANGEMENT, AND THAT THE TECHNICAL DATA SHALL NOT BE DISCLOSED OR RETRANSFERRED TO ANY OTHER ENTITY WITHOUT PRIOR WRITTEN PERMISSION OF THE FURNISHING PARTY. THE RECEIVING PARTY AGREES TO ABIDE BY THE TERMS OF THE NOTICE, AND TO PROTECT ANY SUCH MARKED TECHNICAL DATA FROM UNAUTHORIZED USE AND DISCLOSURE. 2. IN THE EVENT A PARTY FINDS IT NECESSARY TO TRANSFER TECHNICAL DATA AND GOODS IN CARRYING OUT ITS RESPONSIBILITIES UNDER THIS MOU OR IMPLEMENTING ARRANGEMENT THAT ARE EXPORT-CONTROLLED, THE FURNISHING PARTY SHALL MARK SUCH TECHNICAL DATA WITH A NOTICE AND IDENTIFY SUCH GOODS. THE NOTICE OR IDENTIFICATION SHALL INDICATE THAT SUCH TECHNICAL DATA AND GOODS SHALL BE USED, AND SUCH TECHNICAL DATA SHALL BE DISCLOSED, BY THE RECEIVING PARTY AND ITS CONTRACTORS AND SUBCONTRACTORS ONLY FOR THE PURPOSES OF FULFILLING THE RECEIVING PARTY'S RESPONSIBILITIES UNDER THIS MOU OR IMPLEMENTING ARRANGEMENT. THE NOTICE OR P.04 I 3000 3584329 202 23:32 Draft IDENTIFICATION SHALL ALSO PROVIDE THAT SUCH TECHNICAL DATA AND GOODS SHALL NOT BE RETRANSFERRED, TO ANY OTHER ENTITY WITHOUT PRIOR WRITTEN PERMISSION OF THE FURNISHING PARTY. THE PARTIES AGREE TO ABIDE BY THE TERMS OF THE NOTICE OR IDENTIFICATION AND TO PROTECT ANY SUCH MARKED TECHNICAL DATA AND IDENTIFIED GOODS. 3. THE PARTIES ARE UNDER NO OBLIGATION TC PROTECT ANY UNMARKED TECHNICAL DATA OR UNIDENTIFIED GOODS. ARTICLE V. PATENT AND INVENTION RIGHTS NOTHING IN THIS MOU OR IMPLEMENTING ARRANGEMENT SHALL BE CONSTRUED AS GRANTING OR IMPLYING ANY RIGHTS TO, OR INTEREST IN, PATENTS CR INVENTIONS OF THE PARTIES OR THEIR CONTRACTORS OR SUBCONTRACTORS. ARTICLE VI. SCIENTIFIC AND TECHNICAL DATA RESULTING FROM THE COOPERATION IT IS THE INTENT OF THE PARTIES THAT THE SCIENTIFIC AND TECHNICAL DATA RESULTING FROM THE COOPERATIVE ACTIVITIES UNDER THIS MOU BE EXCHANGED BETWEEN THE PARTIES AND THAT THE RESULTS OF THEIR COOPERATIVE ACTIVITIES BE MADE AVAILABLE TO THE SCIENTIFIC COMMUNITY IN GENERAL THROUGH PUBLICATION IN APPROPRIATE JOURNALS CR OTHER ESTABLISHED CHANNELS. IN THE EVENT SUCH REPORTS OR PUBLICATIONS ARE COPYRIGHTED, EACH PARTY SHALL HAVE A ROYALTY- FREE RIGHT UNDER THE COPYRIGHT TO TRANSLATE, REPRODUCE, DISTRIBUTE, AND USE SUCH COPYRIGHTED WORK FOR THEIR OWN PURPOSES. ARTICLE VII. RELEASE OF PUBLIC INFORMATION RELEASE OF PUBLIC INFORMATION REGARDING THIS COOPERATION MAY BE MADE BY THE APPROPRIATE PARTY FOR ITS OWN PORTION OF THE COOPERATION AS DESIRED AND, INSOFAR AS PARTICIPATION OF THE OTHER IS INVOLVED, AFTER SUITABLE CONSULTATION. ARTICLE VIII. ENTRY INTO FORCE, AMENDMENT, TERMINATION 1. THIS MOU SHALL ENTER INTO FORCE IMMEDIATELY UPON SIGNATURE OF BOTH PARTIES, AND SHALL REMAIN IN FORCE FOR FIVE YEARS. IT MAY BE EXTENDED FOR FURTHER FIVE-YEAR PERIODS BY WRITTEN AGREEMENT BETWEEN THE PARTIES. 50'd I COOE 3584329 202 15:32 Draft 2. THIS MOU MAYBE AMENDED BY WRITTEN AGREEMENT BETWEEN THE PARTIES. 3. THIS MOU MAY BE TERMINATED BY EITHER PARTY ON SIX MONTHS ADVANCE WRITTEN NOTICE. 4. EXPIRATION OF THIS MOU SHALL NOT AFFECT THE IMPLEMENTATION OF ANY COOPERATIVE ACTIVITY UNDERTAKEN PURSUANT TO THIS MOU AND NOT FULLY EXECUTED BEFORE THE EXPIRATION OCCURS. IN WITNESS WHEREOF, THE UNDERSIGNED, BEING DULY AUTHORIZED BY THEIR RESPECTIVE GOVERNMENTS, HAVE SIGNED THIS MEMORANDUM OF UNDERSTANDING. DONE AT , IN DUPLICATE, THIS TH DAY OF , 1993, IN THE ENGLISH AND RUSSIAN LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHENTIC. ON BEHALF OF THE ON BEHALF OF THE NATIONAL AERONAUTICS AND DEPARTMENT OF AVIATION SPACE ADMINISTRATION INDUSTRY MINISTRY OF INDUSTRY 90'd I CODE 202 3584329 EE:51 56-24-1993 NASA National Aeronautics and Space Administration Washington. D.C 20546 Reply 10 Alln of: IR January 13, 1993 TO: Department of State Attn: OES/SAT Dr. Jerome J. Bosken FROM: IR/Director of International Relations SUBJECT: Your Proposed Rewrite of the Draft NASA MOU with the Russian Department of Aviation Industry on Cooperation in the Aeronautical Sciences REF: Your memorandum of December 10, 1992 Thank you for providing us your views on possible revision of the draft MOU. Unfortunately, we do not believe that your proposed changes are a step forward, for two main reasons: 1. NASA does not wish to embark on cooperative work with Russian aeronautical research organizations that goes beyond the definition of basic research in Article I of our draft. State's redraft appears to propose an umbrella for a range of activities that could go beyond what NASA considers appropriate for international cooperation in aeronautics. U.S. industry's international competitiveness is an important consideration in our structuring of relationships with Western countries in this field, and I am sure State would agree that the same attention to this issue should be given in relation to Russia. 2. The proposed dual subordination of the Aeronautical Sciences MOU to both the Basic Scientific Research Agreement and the Space Agreement would create severe institutional problems on the Russian side. While NASA is principally responsible for both civil space and civil aeronautics with the U.S. Government, the two fields are distinct in Russia. The Russian entities of current interest to NASA as cooperative counterparts in aeronautics are all subordinate to the Department of Aviation Industry of the Ministry of Industry. The Space Agreement, by contrast, specifically identifies the Russian Space Agency as the Russian counterpart. NASA understands the Department's interest in foreign policy oversight of activities under the Aeronautics MOU, but believes that imposing this unworkable structure on the agreement at the outset will simply frustrate cooperation. State appears to believe that some activities of interest to NASA, because they involve engineering, are beyond the scope of the Basic Scientific Research Agreement. We note, however, that Annex III of that agreement clearly identifies "Basic Scientific Research in Engineering Sciences" as a covered topic. 2 For these reasons, NASA continues to believe that its original proposal, involving subordination of this MOU to the Basic Scientific Research Agreement, continues to be preferable. Alternatively, NASA could agree to a free-standing agreement, if OSTP agrees. With respect to other specific changes suggested in your memorandum (other than those relating to the proposed dual subordination), NASA is reviewing the draft MOU for changes that might be made to conform with more recent precedents. In the meantime, I would appreciate an early response to the points discussed in this letter. Peter G. Smith 12/10/92 12:02 202 736 7336 OES/SAT 002 United States Department of State Bureau of Oceans and International Environmental and Scientific Affairs Washington, D.C. 20520 December 10, 1992 TO: NASA/IR - Peter Smith FROM: OES/SAT - Jerome J. Bosken SUBJ: Aeronautics R&D MOU Attached is a rewrite of the proposed MOU with the Russian Ministry of Industry for cooperation in aeronautics R&D. NASA anticipates activities with Russia that include both basic research in aeronautical science and applied work and joint efforts concerning SCRAM jets and use of high speed wind tunnels. As we have discussed, State believes that both umbrella agreements, Basic Science and Space Cooperation, are relevant and, consequently, have proposed that the MOU be covered by both. The attached draft follows the original proposal but incorporates both agreements in a parallel fashion. The significant modifications to the original are: Title -- Adds "Engineering" Article I -- Adds coverage of the Space Agreement, with Parties to determine which Agreement covers each activity under the MOU -- Deletes definition of "basic research" (since both basic research and applications are to be covered) Article 11 -- Adds that covering agreement will be specified when topics are agreed to (3) -- Expands upon reference to separate Understanding for financial arrangements through stipulation that activities may entail specific implementing arrangement to include financial and other responsibilities (7) Article V -- Adds IPR parallel allocation according to Space Agreement when relevant DEC 10 '92 13:08 202 736 7336 PAGE. . 002 12/10/92 12:03 202 736 7336 OES/SAT 003 - 2 - Article VI -- Adds policy oversight mechanism, that would be either Science or Space Consultation depending upon the covering agreement previously identified for that topic (2) If this draft is acceptable, we will finalize the C-175 authorization memorandum. Comments please. cc: OES/S - JBoright OSTP - JO'Neill OES/SCT - CCampbell DEC 10 '92 13:08 202 736 7336 PAGE. 003 12/10/92 12:03 202 736 7336 OES/SAT 004 MEMORANDUM OF UNDERSTANDING ON COOPERATION IN THE AERONAUTICAL SCIENCES AND ENGINEERING BETWEEN THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION OF THE UNITED STATES OF AMERICA AND THE DEPARTMENT OF AVIATION INDUSTRY MINISTRY OF INDUSTRY OF THE RUSSIAN FEDERATION The National Aeronautics and Space Administration (NASA) of the United States of America and the Department of Aviation Industry, Ministry of Industry of the Russian Federation, hereinafter referred to as "the Parties", have agreed as follows: ARTICLE I. 1. This Memorandum of Understanding (MOU) is subject to the "Agreement between the Government of the United States of America and the Government of the Union of Soviet Socialists Republics on Cooperation in the Field of Basic Scientific Research" signed January 8, 1989, hereinafter referred to as the "Basic Scientific Research Agreement" and of the "Agreement between the United States of America and the Russia Federation concerning Cooperation in the Exploration and Use of Outer Space for Peaceful Uses" signed June 17, 1992, hereinafter referred to as the "Space Cooperation Agreement." The Parties shall determine which Agreement shall govern, in whole or in part, each cooperative activity undertaken pursuant to this MOU. 2. The Parties shall coordinate, facilitate, and support the development and implementation of cooperation under this MOU on the basis of the principles of equality, overall reciprocity, and mutual benefit. DEC 10 '92 13:08 202 736 7336 PAGE. 004 12/10/92 12:04 202 736 7336 OES/SAT 005 ARTICLE II. PRINCIPLES 1. The objective of this MOU is to contribute to the broadening of cooperative research in aeronautical sciences and engineering activities of mutual benefit by combining the complementary efforts, capabilities and talents of the Parties. 2. The scope of the cooperation in basic research in aeronautical sciences and engineering between the Parties is included in the basic scientific in engineering sciences area of cooperation, as identified in Annex III of the Basic Scientific Research Agreement. The scope of the cooperation in space-related technologies is included in Article I of the Space Cooperation Agreement. 3. The Parties shall jointly identify potential aeronautical science and engineering research topics for cooperation and determine whether the Basic Scientific Research Agreement or the Space Cooperation Agreement shall apply, in whole or in part, to each. These topics are described in Annex 1 of this MOU which is an integral part of this MOU. 4. Cooperation under this MOU may be implemented by: a. Cooperative scientific research projects; b. Joint scientific conferences, symposia, and workshops; C. Exchange of scientific information and documentation; and d. Other forms of cooperation upon which the Parties agree. 5. Cooperative activities under this MOU, including exchanges of technical information, equipment and data, shall be conducted in accordance with the national laws and regulations of each Party. 6. Activities undertaken pursuant to the MOU shall be subject to the respective funding procedures of each Party, including the availability of funds. Each Party will share in the effort and the cost of each specific activity. Although this provision does not require a precise matching of funds, personnel, or facilities in any given activity, the implementation of cooperation under this MOU shall be balanced and of mutual benefit. 7. Each of the cooperative activities may be the subject of a specific written implementing arrangement between the Parties that defines the nature and scope of the project, the individual and joint responsibilities of the Parties, financial arrangements, if any, and the protection of intellectual property consistent with the provisions of this MOU. DEC 10 '92 13:09 202 736 7336 PAGE. 005 12/10/92 12:04 202 736 7336 OES/SAT 006 ARTICLE III. ORGANIZATION AND ADMINISTRATION The Parties, acting through their designated cooperating agencies, shall form a joint working group for the implementation of cooperation in each of the topics listed and described in Annex I of this MOU. ARTICLE IV. ALLOCATION OF CERTAIN RISK 1. With respect to activities undertaken pursuant to this MOU, neither party shall make any claim against the other with respect to injury or death of its own or its contractors, or subcontractors' employees, or with respect to damage of any kind to or loss of its own or its contractors, or subcontractors' property whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct. 2. By written agreement of the Parties, additional or alternative provisions relating to the allocation of risk for specific cooperative activities may be negotiated prior to the commencement of those specific activities. ARTICLE V. INTELLECTUAL PROPERTY RIGHTS The Parties shall ensure adequate and effective protection of intellectual property created or furnished under this MOU and relevant implementing arrangements. Where allocation of rights to intellectual property is provided for in the implementing arrangements, such allocation shall be made in accordance either with Annex II of the Basic Scientific Research Agreement, which is an integral part of that Agreement, or with the Annex on Intellectual Property of the Space Cooperation Agreement, which is an integral part of that Agreement, as appropriate and as determined in accordance with Article II.3 of this MOU. To the extent that it is necessary and appropriate, such implementing arrangements may contain different provisions for protection and allocation of intellectual property. DEC 10 '92 13:09 202 736 7336 PAGE 006 12/10/92 12:05 202 736 7336 OES/SAT 007 ARTICILE VI. JOINT IMPLEMENTATION AND REVIEW OF COOPERATION 1. Representatives of the Parties shall meet periodically in the United States and Russia, as necessary, but normally once a year, to evaluate the results of the joint activities; consider modification of the program of cooperation; exchange information about basic scientific research in aeronautical sciences and engineering within their respective countries; and exchange information on administrative matters relating to implementation of all cooperation conducted under this MOU. 2. General policy issues related to implementation of this MOU and overall status of the cooperation will be discussed in the regular consultations established in the Basic Scientific Research Agreement and the Space Cooperation Agreement, as appropriate and as determined in Article II.3 of this MOU. ARTICLE VII. ENTRY INTO FORCE, TERMINATION, MODIFICATION 1. This MOU shall enter into force upon signature by both Parties, and shall remain in force for five years. It may be extended for further five-year periods by written agreement of the Parties. 2. This MOU may be terminated by either Party upon six months written notice to the other Party. 3. Termination of this MOU shall not affect the full implementation of any cooperative activity undertaken pursuant to this MOU and not completed before termination. 4. This MOU may be amended by written agreement of the Parties. DEC 10 '92 13:10 202 736 7336 PAGE. . 007 12/10/92 12:05 202 736 7336 OES/SAT 008 IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Memorandum of Understanding. DONE at , in duplicate, this day of , in the English and Russian languages, both texts being equally authentic. FOR THE NATIONAL AERONAUTICS FOR THE MINISTRY OF AND SPACE ADMINISTRATION INDUSTRY OF THE UNITED STATES OF OF THE RUSSIAN FEDERATION: AMERICA: DEC 10 '92 13:10 202 736 7336 PAGE.008 12/10/92 11:41 130 (JJO 0ES/5A1 United States Department of State Bureau of Oceans and International Environmental and Scientific Affairs Washington, D.C. 20520 FACSIMILE TRANSMISSION DATE: Dec 10,1992 TIME: 11:40 A.M. TO NAME: John O' Neill TEL. NO. 395-3272 OFFICE: OSTP FAX NO. - 1572 FROM NAME: JEROME Bosken TEL. NO. (202) 647-2841 OFFICE: ADVANCED TECHNOLOGY FAX NO. (202) 736-7336 (OES/SAT) 7 PAGES TO FOLLOW: REPLY REQUESTED: YES NO MESSAGE COMMENTS PLEASE - dan + trust NASA mou 12/10/92 11:41 202 736 7336 OES/SAT United States Department of State Bureau of Oceans and International Environmental and Scientific Affairs Washington, D.C. 20520 December 10, 1992 TO: NASA/IR - Peter Smith FROM: OES/SAT - Jerome J. Bosken SUBJ: Aeronautics R&D MOU Attached is a rewrite of the proposed MOU with the Russian Ministry of Industry for cooperation in aeronautics R&D. NASA anticipates activities with Russia that include both basic research in aeronautical science and applied work and joint efforts concerning SCRAM jets and use of high speed wind tunnels. As we have discussed, State believes that both umbrella agreements, Basic Science and Space Cooperation, are relevant and, consequently, have proposed that the MOU be covered by both. The attached draft follows the original proposal but incorporates both agreements in a parallel fashion. The significant modifications to the original are: Title -- Adds "Engineering" Article I -- Adds coverage of the Space Agreement, with Partics to determine which Agreement covers each activity under the MOU -- Deletes definition of "basic research" (since both basic research and applications are to be covered) Article II -- Adds that covering agreement will be specified when topics are agreed to (3) -- Expands upon reference to separate Understanding for financial arrangements through stipulation that activities may entail specific implementing arrangement to include financial and other responsibilities (7) Article V : Adds IPR parallel allocation according to Space Agreement when relevant 12/10/92 11:42 0202 736 - 2 - Article VI -- Adds policy oversight mechanism, that would be either Science or Space Consultation depending upon the covering agreement previously identified for that topic (2) If this draft is acceptable, we will finalize the C-175 authorization memorandum. Comments please. cc: OES/S - JBoright OSTP - JO'Neill OES/SCT - CCampbell 12.10.92 11:46 UZ02 1000 MEMORANDUM OF UNDERSTANDING ON COOPERATION IN THE AERONAUTICAL SCIENCES AND ENGINEERING BETWEEN THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION OF THE UNITED STATES OF AMERICA AND THE DEPARTMENT OF AVIATION INDUSTRY MINISTRY OF INDUSTRY OF THE RUSSIAN FEDERATION The National Aeronautics and Space Administration (NASA) of the United States of America and the Department of Aviation Industry, Ministry of Industry of the Russian Federation, hereinafter referred to as "the Parties", have agreed as follows: ARTICLE T. 1. This Memorandum of Understanding (MOU) is subject to the "Agreement between the Government of the United States of America and the Government of the Union of Soviet Socialists Republics on Cooperation in the Field of Basic Scientific Research" signed January 8, 1989, hereinafter referred to ae the "Basic Scientific Research Agreement" and of the "Agreement between the United States of America and the Russia Federation concerning Cooperation in the Exploration and Use of Outer Space for Peaceful Uses" signed June 17, 1992, horcinafter referred to as the "Space Cooperation Agreement." The Parties shall determine which Agreement shall govern, in wholc or in part, each cooperative activity undertaken pursuant to this MOU. 2. The Parties shall coordinate, facilitate, and support the development and implementation of cooperation under this MOU on the basis of the principles of equality, overall reciprocity, and mutual benefit. 12/10/92 11:43 C202 ARTICLE II. PRINCIPLES 1. The objective of this MOU is to contribute to the broadening of cooperative research in aeronautical sciences and engineering activities of mutual benefit by combining the complementary efforts, capabilities and talents of the Parties. 2. The scope of the cooperation in basic research in aeronautical sciences and engineering between the Parties is included in the basic scientific in engineering sciences area of cooperation, as identified in Annex III of the Basic Scientific Research Agreement. The scope of the cooperation in space-related technologies is included in Article I of the Space Cooperation Agreement. 3. The Parties shall jointly identify potential aeronautical science and engineering research topics for cooperation and determine whether the Basic Scientific Research Agreement or the Space Cooperation Agreement shall apply, in whole or in part, to each. These topics are described in Annex 1 of this MOU which is an integral part of this MOU. None 4. Cooperation under this MOU may be implemented by: attached a. Cooperative scientific research projects; b. Joint scientific conferences, symposia, and workshops; C. Exchange of scientific information and documentation; and d. Other forms of cooperation upon which the Parties agree. 5. Cooperative activities under this MOU, including exchanges of technical information, equipment and data, shall be conducted in accordance with the national laws and regulations of each Party. 6. Activities undertaken pursuant to the MOU shall be subject to the respective funding procedures of each Party, including the availability of funds. Each Party will share in the offort and the cost of each specific activity. Although this provision does not require a precise matching of funds, personnel, or facilities in any given activity, the implementation of cooperation under this MOU shall be balanced and of mutual benefit. 7. Each of the cooperative activities may be the subject of a specific written implementing arrangement between the Parties that defines the nature and scope of the project, the individual and joint responsibilities of the Parties, financial arrangements, if any, and the protection of intellectual property consistent with the provisions of this MOU. 12/10/92 11:43 C202 738 7336 UES/SAI ARTICLE III. ORGANIZATION AND ADMINISTRATION The Parties, acting through their designated cooperating 7 agencies, shall form a joint working group for the implementation of cooperation in each of the topics listed and described in Annex I of this MOU. ARTICLE IV. ALLOCATION OF CERTAIN RISK 1. With respect to activities undertaken pursuant to this MOU, neither party shall make any claim against the other with respect to injury or death of its own or its contractors, or subcontractors' employees, or with respect to damage of any kind to or loss of its own or its contractors, or subcontractors property whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct. 2. By written agreement of the Parties, additional or alternative provisions relating to the allocation of risk for specific cooperative activities may be negotiated prior to the commencement of those specific activities. ARTICLE V. INTELLECTUAL PROPERTY RIGHTS The, Parties shall ensure adequate and effective protection of intellectual property created or furnished under this MOU and relevant implementing arrangements. Where allocation of rights to intellectual property is provided for in the implementing arrangements, such allocation shall be made in accordance either with Annex II of the Basic Scientific Research Agreement, which is an integral part of that Agreement, or with the Annex on Intellectual Property of the Space Cooperation Agreement, which is an integral part of that Agreement, 03 appropriate and as determined in accordance with Article II.3 of this MOU. To the extent that it is necessary and appropriate, such implementing arrangements may contain different provisions for protection and allocation of intellectual property. 12/10/92 11:44 202 736 7336 OES/SAT ARTICILE VI. JOINT IMPLEMENTATION AND REVIEW OF COOPERATION 1. Rcpresentatives of the Parties shall meet periodically in the United States and Russia, as necessary, but normally once a year, to evaluate the results of the joint activities; consider modification cf the program of cooperation; exchange information about basic scientific research in aeronautical sciences and engineering within their respective countries; and exchange information on administrative matters relating to implementation of all cooperation conducted under this MOU. 2. General policy issues related to implementation of this MOU and overall status of the cooperation will be discussed in the regular consultations established in the Basic Scientific Research Agreement and the Space Cooperation Agreement, as appropriate and as determined in Article II.3 of this MOU. ARTICLE VII. ENTRY INTO FORCE, TERMINATION, MODIFICATION 1. This MOU shall enter into force upon signature by both Parties, and shall remain in force for five years. It may be extended for further five-year periods by written agreement of the Parties. 2. This MOU may be terminated by either Party upon six months written notice to the other Party. 3. Termination of this MOU shall not affect the full implementation of any cooperative activity undertaken pursuant to this MOU and not completed before termination. 4. This MOU may be amended by written agreement of the Parties. 12/10/92 11:44 202 736 7336 OES/SAT 8007 IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Memorandum of Understanding. DONE at / in duplicate, this day of , in the English and Russian languages, both texts being equally authentic. FOR THE NATIONAL AERONAUTICS FOR THE MINISTRY OF AND SPACE ADMINISTRATION INDUSTRY OF THE UNITED STATES OF OF THE RUSSIAN FEDERATION: AMERICA: NATIONAL COMMUNICATIONS SYSTEM PLANS AND PROGRAMS (NCS/NPM) PEGGY NEWLAND (703) 692-8506 DSN 222-8506 FAX (703) 692-7682 Check w/ Sue B. SYSTEM NATIONAL COMMUNICATION about a car to NCST St peturn. DATE 3 SEPT 93 NUMBER OF PAGES INCLUDING COVER 2 TO Joanne Ward LOCATION OSTP PHONE (202)395-3272 FAX (202) 395-1572 his approval & hell send over w/ memo to Dr. Gibbons for Dr. Gibbons' visit. I'll send up to LTG short for SPECIAL INSTRUCTIONS JOAnne- Here is latest agenda formalizing plans. THX! Peq PROPOSED AGENDA FOR DIRECTOR, OSTP VISIT TO NCS/DISA SEPTEMBER 20, 1993 1015 - 1215 NCS PROGRAMS - Escort Dr. Gibbons to NCC/tour of NCC - NCS Introduction - National Telecommunications Management Structure (NTMS) Implementation - classified - -Secret -- NTMS Concept and Program Status -- Support to OSTP during wartime emergencies -- Response to OSTP tasking to expand NTMS for all hazards - National Coordinating Center for Telecommunications Briefing -- NCC Role in Federal Disaster Response -- NCS Support to Joint Telecommunications Resources Board - NCS Role in NII - NCS Wrap-Up/Discussion - Tour/demo Secure Video Teleconferencing Center 1215 - 1300 Visit/ Lunch with LTG Short 1300 - 1400 DEFENSE INFORMATION SYSTEMS AGENCY BRIEFINGS - DISA Overview - Tour of Network Management Operations Center 1400 - Depart DISA Headquarters PROPOSED AGENDA FOR DIRECTOR, OSTP VISIT TO NCS/DISA SEPTEMBER 20, 1993 1015 - 1215 NCS PROGRAMS - Escort Dr. Gibbons to NCC/tour of NCC - NCS Introduction - National Telecommunications Management Structure (NTMS) Implementation - classified - Secret -- NTMS Concept and Program Status -- Support to OSTP during wartime emergencies -- Response to OSTP tasking to expand NTMS for all hazards - National Coordinating Center for Telecommunications Briefing -- NCC Role in Federal Disaster Response -- NCS Support to Joint Telecommunications Resources Board - NCS Role in NII - NCS Wrap-Up/Discussion - Tour/demo Secure Video Teleconferencing Center 1215 - 1300 Visit/ Lunch with LTG Short 1300 - 1400 DEFENSE INFORMATION SYSTEMS AGENCY BRIEFINGS - DISA Overview - Tour of Network Management Operations Center 1400 - Depart DISA Headquarters PROPOSED AGENDA FOR DIRECTOR, OSTP VISIT TO NCS/DISA SEPTEMBER 20, 1993 1015 - 1215 NCS PROGRAMS - Escort Dr. Gibbons to NCC/tour of NCC - NC8 Introduction - National Telecommunications Management Structure (NTMS) Implementation - classified Secret -- NTMS Concept and Program Status -- Support to OSTP during. wartime emergencies -- Response to OSTP tasking to expand NTMS for all hazards - National Coordinating Center for Telecommunications Briefing -- NCC Role in Federal Disaster Response -- NCS Support to Joint Telecommunications Resources Board - NCS Role in NII - NCS Wrap-Up/Discussion - Tour/demo Secure Video Teleconferencing Center 1215 - 1300 Visit/ Lunch with LTG Short 1300 - 1400 DEFENSE INFORMATION SYSTEMS AGENCY BRIEFINGS - DISA Overview - Tour of Network Management Operations Center 1400 - Depart DISA Headquarters [16] From: Susanne Bachtel 9/15/93 10:59AM (1471 bytes: 19 ln) To: Susanne Bachtel, Barbara L. Bernstein, Christopher N. Clary, Donna I. Coleman, Ruth Fisher, Katherine B. Gillman, Mary R. Greenwood, Holly L. Gwin, Lionel S. Johns, Mark E. Schaefer, Jeff Schweitzer, Timothy L. Newell, Michael R. Nelson, Henry C. Kelly, Jane Wales, Jo Ann Ward, Robert T. Watson Subject: 1/2 day briefing at Nat.Com.Sys.& Defense Info. Sys. Agenc Message Contents Some months ago, a 1/2 day meeting to tour the National Communications System, and Defense Information Systems Agency, was arranged for this coming Monday, September 20, for JHG and others. (The meeting was set before all the Associate-Director Designates were on board.) Because of a new scheduling conflict, the Monday September 20 meeting is cancelled, and a new Monday date (Monday, November 1) is being proposed. The tour/briefing takes place in Arlington - and the time period is roughly from 9:30 a.m. (leave for Rosslyn), includes lunch, tour/briefing ends about 2 p.m. and return to OSTP by about 2:30 p.m. give or take. Total time required is therefore about 5 hours. Could you let me know ASAP (so I can call back to NSC/DISA) of your interest/availability. Could someone let me know about Frank von Hippel's availability (he's not yet on e-mail). Thanks very much. Sue B. - Speak to Jane about this [16] From: Susanne Bachtel 9/15/93 10:59AM (1471 bytes: 19 ln) To: Susanne Bachtel, Barbara L. Bernstein, Christopher N. Clary, Donna I. Coleman, Ruth Fisher, Katherine B. Gillman, Mary R. Greenwood, Holly L. Gwin, Lionel S. Johns, Mark E. Schaefer, Jeff Schweitzer, Timothy L. Newell, Michael R. Nelson, Henry C. Kelly, Jane Wales, Jo Ann Ward, Robert T. Watson Subject: 1/2 day briefing at Nat.Com.Sys.& Defense Info. Sys. Agenc Message Contents Some months ago, a 1/2 day meeting to tour the National Communications System, and Defense Information Systems Agency, was arranged for this coming Monday, September 20, for JHG and others. (The meeting was set before all the Associate-Director Designates were on board.) Because of a new scheduling conflict, the Monday September 20 meeting is cancelled, and a new Monday date (Monday, November 1) is being proposed. The tour/briefing takes place in Arlington - and the time period is roughly from 9:30 a.m. (leave for Rosslyn), includes lunch, tour/briefing ends about 2 p.m. and return to OSTP by about 2:30 p.m. give or take. Total time required is therefore about 5 hours. Could you let me know ASAP (so I can call back to NSC/DISA) of your interest/availability. Could someone let me know about Frank von Hippel's availability (he's not yet on e-mail). Thanks very much. Sue B. IF JANE WANTS TO LEAVE ON SUN 19TH, PLEASE LET JO ANN KNOW ASAP- yes I NEED TO SEND FLIGHT INFO Junday coming 25th backon TO STATE) Jey