[Congressional Record Volume 144, Number 86 (Friday, June 26, 1998)]
[Senate]
[Pages S7289-S7290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             NEXT GENERATION INTERNET RESEARCH ACT OF 1998

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               FRIST (AND ROCKEFELLER) AMENDMENT NO. 3054

  Mr. LOTT (for Mr. Frist for himself and Mr. Rockefeller) proposed an 
amendment to the bill (S. 1609) 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 Advisory 
Committee on High-Performance Computing and Communications, Information 
Technology, and the Next Generation Intenet to monitor and give advice 
concerning the development and implementation of the Next Generation 
Internet program and report to the President and the Congress its 
activities, and for other purposes; as follows:

       On page 9, in the matter appearing after line 18--
       (1) strike $42,500,000'' in the column headed FY 1999 and 
     insert ``$40,000,000'';
       (2) strike ``45,000,000'' in the column headed FY 2000 and 
     insert ``$42,500,000'';
       (3) strike ``$5,000,000'' in the column headed FY 1999 the 
     second place it appears and insert ``$10,000,000'';
       (4) strike ``$5,000,000'' in the column headed FY 2000 and 
     insert ``$10,000,000'';
       (5) strike the closing quotation marks at the end of the 
     table; and
       (6) after the table insert the following:

     The amount authorized for the Department of Defense for 
     fiscal year 1999 under this section shall be the amount 
     authorized pursuant to the National Defense Authorization Act 
     for Fiscal Year 1999.''.
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                LEAHY (AND ASHCROFT) AMENDMENT NO. 3055

  Mr. LOTT (for Mr. Leahy for himself and Mr. Ashcroft) proposed an 
amendment to the bill, S. 1609, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC. __. STUDY OF EFFECTS ON TRADEMARKS AND INTELLECTUAL 
                   PROPERTY RIGHTS OF ADDING GENERIC TOP-LEVEL 
                   DOMAINS.

       (a) Study by National Research Council.--Not later than 60 
     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 and intellectual property rights holders 
     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 and intellectual property rights and consumer 
     interests of increasing or decreasing the number of generic 
     top-level domains;
       (2) trademark and intellectual property 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 trademarks and intellectual property rights and

[[Page S7290]]

     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 trademarks 
     and intellectual property rights; and
       (C) whether generic top-level domain registrants should be 
     required to provide certain information;
       (3) domain name trademark and intellectual property rights 
     dispute resolution mechanisms, including how to--
       (A) reduce trademark and intellectual property rights 
     conflicts associated with the addition of any new generic 
     top-level domains; and
       (B) reduce trademark and intellectual property rights 
     conflicts through new technical approaches to Internet 
     addressing;
       (4) choice of law or jurisdiction for resolution of 
     trademark and intellectual property rights disputes relating 
     to domain names, including which jurisdictions should be 
     available for trademark and intellectual property rights 
     owners to file suit to protect such trademarks and 
     intellectual property rights;
       (5) trademark and intellectual property rights infringement 
     liability for registrars, registries, or technical management 
     bodies; and
       (6) short-term and long-term technical and policy options 
     for Internet addressing schemes and the impact of such 
     options on current trademark and intellectual property rights 
     issues.
       (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) Report.--
       (1) In general.--Not later than 12 months after the date of 
     enactment of this Act, the National Research Council shall 
     complete the study under this section and submit a report on 
     the study to the Secretary of Commerce. The 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 and intellectual property rights holders.
       (2) Submission to congressional committees.--Not later than 
     30 days after the date on which the report is submitted to 
     the Secretary of Commerce, the Secretary shall submit the 
     report to the Committees on Commerce and the Committees on 
     the Judiciary of the Senate and House of Representatives.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $800,000 for the study conducted under 
     this Act.

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