IIA
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 re-
quire 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.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Next Generation Inter-
net 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;
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(4) the Internet is playing an increasingly im-
portant role in keeping citizens informed of the ac-
tions of their government; and
(5) continued inter-agency cooperation is nec-
essary to avoid wasteful duplication in Federal net-
working 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 fol-
lowing:
‘‘(4) A high-capacity, flexible, high-speed na-
tional research and education computer network is
needed to provide researchers and educators with ac-
cess 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 appli-
cations that can result in economic growth, improved
health care, and improved educational opportunities.
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‘‘(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 sys-
tems and applications, and research into security ar-
chitectures is a critical aspect of computing, infor-
mation, 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 re-
sources; 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 com-
prehensive and integrated United States research
program which will—
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(A) focus on the research and development
of a coordinated set of technologies that seeks
to create a network infrastructure that can sup-
port greater speed, robustness, and flexibility
than 
is 
currently 
available 
and 
promote
connectivity and interoperability among ad-
vanced 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 ap-
proaches 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 insert-
ing ‘‘purposes of this Act are’’;
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(3) striking subparagraph (A) of paragraph (1)
and redesignating subparagraphs (B) through (I) as
subparagraphs (A) through (H), respectively;
(4) striking ‘‘Network’’ and inserting ‘‘Inter-
net’’ 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 pro-
grams;’’; 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 net-
work standards.’’.
SEC. 4. NATIONAL HIGH-PERFORMANCE COMPUTING PRO-
GRAM.
(a) PROGRAM ELEMENTS.—Subparagraphs (A) and
(B) of section 101(a)(2) of the High-Performance Com-
puting Act of 1991 (15 U.S.C 5511(a)(2)(A) and (B)) are
amended to read as follows:
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‘‘(A) provide for the development of tech-
nologies to advance the capacity and capabilities of
the Internet;
‘‘(B) provide for high performance testbed net-
works to enable the research, development, and dem-
onstration of advanced networking technologies and
to develop and demonstrate advanced applications
made possible by the existence of such testbed net-
works;’’.
(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 Foun-
dation, the Department of Energy, the National Institutes
of Health, the National Aeronautics and Space Adminis-
tration, and the National Institute of Standards and Tech-
nology may support the Next Generation Internet pro-
gram. The objectives of the Next Generation Internet pro-
gram shall be to—
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‘‘(1) support research, development, and dem-
onstration of advanced networking technologies to
increase the capabilities and improve the perform-
ance of the Internet;
‘‘(2) develop an advanced testbed network con-
necting a significant number of research sites, in-
cluding 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 Inter-
net 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 Presi-
dent’s Information Technology Advisory Committee (es-
tablished 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 Gen-
eration Internet program—
‘‘(A) carries out the purposes of this Act;
and
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‘‘(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 de-
gree 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 imple-
menting the Next Generation Internet program is
clear and complementary to, and non-duplicative of,
the roles of other participating agencies and depart-
ments;
‘‘(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
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‘‘(4) make recommendations relating to its find-
ings under paragraphs (1), (2), and (3).
‘‘(c) REPORTS.—The Advisory Committee shall re-
view implementation of the Next Generation Internet pro-
gram 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 Appropria-
tions, and the Committee on National Security of the
House of Representatives on its findings and recommenda-
tions 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;
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‘‘(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 exist-
ing 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 Re-
search 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 recommenda-
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(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 avail-
able for trademark rights owners to file suit to pro-
tect such trademark rights;
(5) trademark rights infringement liability for
registrars, registries, or technical management bod-
ies;
(6) short-term and long-term technical and pol-
icy 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 Sec-
retary of Commerce shall—
(A) direct the Patent and Trademark Of-
fice, the National Telecommunications and In-
formation Administration, and other Depart-
ment of Commerce entities to cooperate fully
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with the National Research Council in its activi-
ties in carrying out the study under this sec-
tion; and
(B) request all other appropriate Federal
departments, Federal agencies, Government
contractors, and similar entities to provide simi-
lar cooperation to the National Research Coun-
cil.
(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 Na-
tional Research Council shall submit an interim
report on the study to the Secretary of Com-
merce.
(B) FINAL
REPORT.—After a period of
public comment and not later than 9 months
after the date of enactment of this Act, the Na-
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tional Research Council shall complete the
study under this section and submit a final re-
port on the study to the Secretary of Com-
merce. The final report shall set forth the find-
ings, 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 COMMIT-
TEES.—
(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 Trans-
portation and the Committee on the Judiciary
of the Senate, and to the Committee on Com-
merce, the Committee on Science, and the Com-
mittee on the Judiciary of the House of Rep-
resentatives.
(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 Trans-
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portation and the Committee on the Judiciary
of the Senate, and to the Committee on Com-
merce, the Committee on Science, and the Com-
mittee on the Judiciary of the House of Rep-
resentatives.
(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 ‘‘geo-
graphic penalty’’ means the imposition of costs on
users of the Internet in rural or other locations, at-
tributable 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.
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(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 follow-
ing new paragraph:
‘‘(4) ‘Internet’ means the international com-
puter 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.