2 November 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[DOCID: f:h3332rfs.txt]
105th CONGRESS
  2d Session
                                H. R. 3332

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 15, 1998

    Received; read twice and referred to the Committee on Commerce,
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


   To amend the High-Performance Computing Act of 1991 to authorize
 appropriations for fiscal years 1999 and 2000 for the Next Generation
  Internet program, to require the President's Information Technology
     Advisory Committee to monitor and give advice concerning the
development and implementation of the Next Generation Internet program
and report to the President and the Congress on its activities, and for
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Next Generation Internet Research
Act of 1998''.

SEC. 2. FINDINGS.

    (a) In General.--The Congress finds that--
            (1) United States leadership in science and technology has
        been vital to the Nation's prosperity, national and economic
        security, and international competitiveness, and there is every
        reason to believe that maintaining this tradition will lead to
        long-term continuation of United States strategic advantages in
        information technology;
            (2) the United States investment in science and technology
        has yielded a scientific and engineering enterprise without
        peer, and that Federal investment in research is critical to
        the maintenance of United States leadership;
            (3) previous Federal investment in computer networking
        technology and related fields has resulted in the creation of
        new industries and new jobs in the United States;
            (4) the Internet is playing an increasingly important role
        in keeping citizens informed of the actions of their
        government; and
            (5) continued inter-agency cooperation is necessary to
        avoid wasteful duplication in Federal networking research and
        development programs.
    (b) Additional Findings for the 1991 Act.--Section 2 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5501) is amended by--
            (1) striking paragraph (4) and inserting the following:
            ``(4) A high-capacity, flexible, high-speed national
        research and education computer network is needed to provide
        researchers and educators with access to computational and
        information resources, act as a test bed for further research
        and development for high-capacity and high-speed computer
        networks, and provide researchers the necessary vehicle for
        continued network technology improvement through research.'';
        and
            (2) adding at the end thereof the following:
            ``(7) Additional research must be undertaken to lay the
        foundation for the development of new applications that can
        result in economic growth, improved health care, and improved
        educational opportunities.
            ``(8) Research in new networking technologies holds the
        promise of easing the economic burdens of information access
        disproportionately borne by rural users of the Internet.
            ``(9) Information security is an important part of
        computing, information, and communications systems and
        applications, and research into security architectures is a
        critical aspect of computing, information, and communications
        research programs.''.

SEC. 3. PURPOSES.

    (a) In General.--The purposes of this Act are--
            (1) to authorize, through the High-Performance Computing
        Act of 1991 (15 U.S.C. 5501 et seq.), research programs related
        to--
                    (A) high-end computing and computation;
                    (B) human-centered systems;
                    (C) high confidence systems; and
                    (D) education, training, and human resources; and
            (2) to provide, through the High-Performance Computing Act
        of 1991 (15 U.S.C. 5501 et seq.), for the development and
        coordination of a comprehensive and integrated United States
        research program which will--
                    (A) focus on the research and development of a
                coordinated set of technologies that seeks to create a
                network infrastructure that can support greater speed,
                robustness, and flexibility than is currently available
                and promote connectivity and interoperability among
                advanced computer networks of Federal agencies and
                departments;
                    (B) focus on research in technology that may result
                in high-speed data access for users that is both
                economically viable and does not impose a geographic
                penalty; and
                    (C) encourage researchers to pursue approaches to
                networking technology that lead to maximally flexible
                and extensible solutions wherever feasible.
    (b) Modification of Purposes of the 1991 Act.--Section 3 of the
High-Performance Computing Act of 1991 (15 U.S.C. 5502) is amended by--
            (1) striking the section caption and inserting the
        following:

``SEC. 3. PURPOSES.'';

            (2) striking ``purpose of this Act is'' and inserting
        ``purposes of this Act are'';
            (3) striking subparagraph (A) of paragraph (1) and
        redesignating subparagraphs (B) through (I) as subparagraphs
        (A) through (H), respectively;
            (4) striking ``Network'' and inserting ``Internet'' in
        paragraph (1)(B), as so redesignated by paragraph (3) of this
        subsection;
            (5) striking ``and'' at the end of paragraph (1)(H), as so
        redesignated by paragraph (3) of this subsection;
            (6) in paragraph (2), by striking ``efforts.'' and
        inserting ``network research and development programs;''; and
            (7) adding at the end thereof the following:
            ``(3) promoting the more rapid development and wider
        distribution of networking management and development tools;
        and
            ``(4) promoting the rapid adoption of open network
        standards.''.

SEC. 4. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM.

    (a) Program Elements.--Subparagraphs (A) and (B) of section
101(a)(2) of the High-Performance Computing Act of 1991 (15 U.S.C
5511(a)(2)(A) and (B)) are amended to read as follows:
            ``(A) provide for the development of technologies to
        advance the capacity and capabilities of the Internet;
            ``(B) provide for high performance testbed networks to
        enable the research, development, and demonstration of advanced
        networking technologies and to develop and demonstrate advanced
        applications made possible by the existence of such testbed
        networks;''.
    (b) Advisory Committee.--Section 101(b) of the High-Performance
Computing Act of 1991 (15 U.S.C 5511(b)) is amended by striking ``High-
Performance Computing'' in the subsection heading.

SEC. 5. NEXT GENERATION INTERNET.

    Title I of the High-Performance Computing Act of 1991 (15 U.S.C
5511 et seq.) is amended by adding at the end the following new
section:

``SEC. 103. NEXT GENERATION INTERNET.

    ``(a) Establishment.--The National Science Foundation, the
Department of Energy, the National Institutes of Health, the National
Aeronautics and Space Administration, and the National Institute of
Standards and Technology may support the Next Generation Internet
program. The objectives of the Next Generation Internet program shall
be to--
            ``(1) support research, development, and demonstration of
        advanced networking technologies to increase the capabilities
        and improve the performance of the Internet;
            ``(2) develop an advanced testbed network connecting a
        significant number of research sites, including universities,
        Federal research institutions, and other appropriate research
        partner institutions, to support networking research and to
        demonstrate new networking technologies; and
            ``(3) develop and demonstrate advanced Internet
        applications that meet important national goals or agency
        mission needs, and that are supported by the activities
        described in paragraphs (1) and (2).
    ``(b) Duties of Advisory Committee.--The President's Information
Technology Advisory Committee (established pursuant to section 101(b)
by Executive Order No. 13035 of February 11, 1997 (62 F.R. 7131), as
amended by Executive Order No. 13092 of July 24, 1998), in addition to
its functions under section 101(b), shall--
            ``(1) assess the extent to which the Next Generation
        Internet program--
                    ``(A) carries out the purposes of this Act; and
                    ``(B) addresses concerns relating to, among other
                matters--
                            ``(i) geographic penalties (as defined in
                        section 7(1) of the Next Generation Internet
                        Research Act of 1998);
                            ``(ii) the adequacy of access to the
                        Internet by Historically Black Colleges and
                        Universities, Hispanic Serving Institutions,
                        and small colleges and universities (whose
                        enrollment is less than 5,000) and the degree
                        of participation of those institutions in
                        activities described in subsection (a); and
                            ``(iii) technology transfer to and from the
                        private sector;
            ``(2) review the extent to which the role of each Federal
        agency and department involved in implementing the Next
        Generation Internet program is clear and complementary to, and
        non-duplicative of, the roles of other participating agencies
        and departments;
            ``(3) assess the extent to which Federal support of
        fundamental research in computing is sufficient to maintain the
        Nation's critical leadership in this field; and
            ``(4) make recommendations relating to its findings under
        paragraphs (1), (2), and (3).
    ``(c) Reports.--The Advisory Committee shall review implementation
of the Next Generation Internet program and shall report, not less
frequently than annually, to the President, the Committee on Commerce,
Science, and Transportation, the Committee on Appropriations, and the
Committee on Armed Services of the Senate, and the Committee on
Science, the Committee on Appropriations, and the Committee on National
Security of the House of Representatives on its findings and
recommendations for the preceding fiscal year. The first such report
shall be submitted 6 months after the date of enactment of the Next
Generation Internet Research Act of 1998 and the last report shall be
submitted by September 30, 2000.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated for the purposes of this section--
            ``(1) for the Department of Energy, $22,000,000 for fiscal
        year 1999 and $25,000,000 for fiscal year 2000;
            ``(2) for the National Science Foundation, $25,000,000 for
        fiscal year 1999 and $25,000,000 for fiscal year 2000, as
        authorized in the National Science Foundation Authorization Act
        of 1998;
            ``(3) for the National Institutes of Health, $5,000,000 for
        fiscal year 1999 and $7,500,000 for fiscal year 2000;
            ``(4) for the National Aeronautics and Space
        Administration, $10,000,000 for fiscal year 1999 and
        $10,000,000 for fiscal year 2000; and
            ``(5) for the National Institute of Standards and
        Technology, $5,000,000 for fiscal year 1999 and $7,500,000 for
        fiscal year 2000.
Such funds may not be used for routine upgrades to existing federally
funded communication networks.

SEC. 6. STUDY OF EFFECTS ON TRADEMARK RIGHTS OF ADDING GENERIC TOP-
              LEVEL DOMAINS.

    (a) Study by National Research Council.--Not later than 30 days
after the date of enactment of this Act, the Secretary of Commerce
shall request the National Research Council of the National Academy of
Sciences to conduct a comprehensive study, taking into account the
diverse needs of domestic and international Internet users, of the
short-term and long-term effects on trademark rights of adding new
generic top-level domains and related dispute resolution procedures.
    (b) Matters To Be Assessed in Study.--The study shall assess and,
as appropriate, make recommendations for policy, practice, or
legislative changes relating to--
            (1) the short-term and long-term effects on the protection
        of trademark rights and consumer interests of increasing or
        decreasing the number of generic top-level domains;
            (2) trademark rights clearance processes for domain names,
        including--
                    (A) whether domain name databases should be readily
                searchable through a common interface to facilitate the
                clearing of trademark rights and proposed domain names
                across a range of generic top-level domains;
                    (B) the identification of what information from
                domain name databases should be accessible for the
                clearing of trademark rights; and
                    (C) whether generic top-level domain registrants
                should be required to provide certain information;
            (3) domain name trademark rights dispute resolution
        mechanisms, including how to--
                    (A) reduce trademark rights conflicts associated
                with the addition of any new generic top-level domains;
                and
                    (B) reduce trademark rights conflicts through new
                technical approaches to Internet addressing;
            (4) choice of law or jurisdiction for resolution of
        trademark rights disputes relating to domain names, including
        which jurisdictions should be available for trademark rights
        owners to file suit to protect such trademark rights;
            (5) trademark rights infringement liability for registrars,
        registries, or technical management bodies;
            (6) short-term and long-term technical and policy options
        for Internet addressing schemes and the impact of such options
        on current trademark rights issues; and
            (7) public comments on the interim report and on any
        reports that are issued by intergovernmental bodies.
    (c) Cooperation With Study.--
            (1) Interagency cooperation.--The Secretary of Commerce
        shall--
                    (A) direct the Patent and Trademark Office, the
                National Telecommunications and Information
                Administration, and other Department of Commerce
                entities to cooperate fully with the National Research
                Council in its activities in carrying out the study
                under this section; and
                    (B) request all other appropriate Federal
                departments, Federal agencies, Government contractors,
                and similar entities to provide similar cooperation to
                the National Research Council.
            (2) Private corporation cooperation.--The Secretary of
        Commerce shall request that any private, not-for-profit
        corporation established to manage the Internet root server
        system and the top-level domain names provide similar
        cooperation to the National Research Council.
    (d) Reports.--
            (1) In general.--
                    (A) Interim report.--After a period of public
                comment and not later than 4 months after the date of
                enactment of this Act, the National Research Council
                shall submit an interim report on the study to the
                Secretary of Commerce.
                    (B) Final report.--After a period of public comment
                and not later than 9 months after the date of enactment
                of this Act, the National Research Council shall
                complete the study under this section and submit a
                final report on the study to the Secretary of Commerce.
                The final report shall set forth the findings,
                conclusions, and recommendations of the Council
                concerning the effects of adding new generic top-level
                domains and related dispute resolution procedures on
                trademark rights.
            (2) Submission to congressional committees.--
                    (A) Interim report.--Not later than 7 days after
                the date on which the interim report is submitted to
                the Secretary of Commerce, the Secretary shall submit
                the interim report to the Committee on Commerce,
                Science, and Transportation and the Committee on the
                Judiciary of the Senate, and to the Committee on
                Commerce, the Committee on Science, and the Committee
                on the Judiciary of the House of Representatives.
                    (B) Final report.--Not later than 7 days after the
                date on which the final report is submitted to the
                Secretary of Commerce, the Secretary shall submit the
                final report to the Committee on Commerce, Science, and
                Transportation and the Committee on the Judiciary of
                the Senate, and to the Committee on Commerce, the
                Committee on Science, and the Committee on the
                Judiciary of the House of Representatives.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated $800,000 for the study conducted under this section.

SEC. 7. DEFINITIONS.

    (a) In General.--For purposes of this Act--
            (1) Geographic penalty.--The term ``geographic penalty''
        means the imposition of costs on users of the Internet in rural
        or other locations, attributable to the distance of the user
        from network facilities, the low population density of the area
        in which the user is located, or other factors, that are
        disproportionately greater than the costs imposed on users in
        locations closer to such facilities or on users in locations
        with significantly greater population density.
            (2) Internet.--The term ``Internet'' means the
        international computer network of both Federal and non-Federal
        interoperable packet switched data networks.
    (b) Additional Definition for the 1991 Act.--Section 4 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5503) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs
        (5) and (6), respectively; and
            (2) by inserting after paragraph (3) the following new
        paragraph:
            ``(4) `Internet' means the international computer network
        of both Federal and non-Federal interoperable packet switched
        data networks;''.

            Passed the House of Representatives September 14, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
