[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3332 Referred in Senate (RFS)]

  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.