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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
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