[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3332 Enrolled Bill (ENR)]

        H.R.3332

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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 the 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 the 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 the 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 the 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;''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.