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                                                       Calendar No. 334
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-173
_______________________________________________________________________


 
             NEXT GENERATION INTERNET RESEARCH ACT OF 1998
                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                    on

                                S. 1609





                 April 2, 1998.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred fifth congress
                             second session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA SNOWE, Maine                 JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri              JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee                RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan            BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas                RON WYDEN, Oregon
                       John Raidt, Staff Director
                       Mark Buse, Policy Director
     Ivan A. Schlager, Democratic Chief Counsel and Staff Director
             James S.W. Drewry, Democratic General Counsel


                                                       Calendar No. 334
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-173
_______________________________________________________________________


             NEXT GENERATION INTERNET RESEARCH ACT OF 1998
                                _______
                                

                 April 2, 1998.--Ordered to be printed

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1609]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1609) ``A Bill 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 Internet 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'', having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                          Purpose of the Bill

  The purpose of the bill is to authorize appropriations to the 
following agencies for each of the fiscal years (FY) 1999 and 
2000: Department of Defense (DOD), Department of Energy (DOE), 
National Aeronautics and Space Administration (NASA), National 
Institutes of Health (NIH), National Institute of Standards and 
Technology (NIST), and National Science Foundation (NSF).

                          Background and Needs

  The Internet is an international, cooperative computer 
network of networks that links many types of users, such as 
governments, schools, libraries, corporations, hospitals, 
individuals and others. The United States has achieved national 
strategic advantages and prominence as a result of American 
leadership in information technology. Furthermore, U.S. 
dominance in this field grew from critical federal investment, 
and continued investment is necessary to maintain that 
dominance and leadership. The explosion of business, 
government, and academic uses of the Internet has led to a need 
to overhaul the network infrastructure. Additional research 
must be undertaken in order to develop new applications that 
will improve educational access, while still contributing to 
economic growth.
  Federal efforts to support computer and telecommunications 
applications and education have been strongly endorsed by the 
Clinton Administration since 1993. In October 1996, President 
Clinton called for a renewed resolve to create the Next 
Generation Internet (NGI). However, the Administration's 
proposal was redefined after Congressional concerns were 
raised. Thus, the NGI Implementation Plan was completed in July 
1997. The new proposal identified NGI as a research initiative 
(rather than a deployment initiative) more clearly than in the 
previous plan.
  The NGI implementation plan combined both policy and program 
prescriptions in three specific goals.
  Goal 1: Experimental Research for Advanced Network 
Technologies. Develop main areas of network service and 
corresponding protocols including the following: end-to-end 
Quality of Service (QoS), security and robustness, network 
growth engineering, new or modified protocols for routing and 
switching. Defense Advanced Research Projects Agency (DARPA) 
serves as the lead federal agency.
  Goal 2: Next Generation Network Fabric. Develop a next 
generation network testbed to connect universities and federal 
research institutions at rates that are sufficient to 
demonstrate new technologies and support future research. DOE 
serves as the lead federal agency.
  Goal 3: Revolutionary Applications. Demonstrate new 
applications that meet important national goals and missions. 
Potential areas for applications include: health care, 
education, scientific research, national security, environment, 
government, and design and manufacture.
  In its FY 1998 budget request, the Administration requested 
$100 million in funding for the NGI initiative. Although many 
in Congress expressed support for the basic principles outlined 
in the NGI plan, several concerns relating to implementation of 
the plan remained and funding for the initiative was withheld. 
The level of funding appropriated for FY 1998 was 10%-15% less 
than the level of funding included in the President's budget 
request.
  The Next Generation Internet Research Act of 1998 would 
advance the current state of the Internet, advance university 
research capabilities, and assist federal agencies in achieving 
their missions. The bill would provide for a multi-agency 
program concentrated upon the research and development of a 
coordinated set of technologies that seeks to create a network 
infrastructure to support greater speed, robustness, and 
flexibility beyond what is available in the current Internet.

                             Program Issues

  Congressional apprehension exists regarding agency 
participation in the NGI. Considering that the current Internet 
was created byDOD with ARPANET in the 1970's and then further 
developed by NSF in the mid-80's, there is some interest for continuing 
that approach and allowing those two agencies to lead the NGI 
initiative. In addition, the geographical penalty that exists in the 
current Internet which imposes high costs on rural users and places 
them at a distinct disadvantage has raised concerns that the original 
plan's provisions for only a few select locations with enhanced 
connectivity will only exacerbate that problem. Other Committee 
concerns include issues such as: (1) the appropriate roles of the 
federal and private sector regarding further research and development 
of the Internet; (2) the avoidance of duplication and redundancy in 
federal efforts across multiple agencies; and (3) the inconclusiveness 
in the NGI planning process.

                          Legislative History

  Two hearings have been held on the Next Generation Internet 
during the 105th Congress. On June 3, 1997, the full committee 
held a hearing, chaired by Senator McCain, on the Next 
Generation Internet and the relevance of the NGI proposal. 
Witnesses included representatives from the Office of Science 
and Technology Policy, NSF, Rice University, Montana State 
University, North Dakota State University, Oregon State 
University, and Internet 2 Project. The Science, Technology, 
and Space Subcommittee, chaired by Senator Frist, conducted a 
second hearing on November 4, 1997, with representatives from 
the Office of Science and Technology Policy, DOD, DOE, NSF, 
Montana State University, University of Tennessee, and Cisco 
Systems testifying. The Next Generation Internet Research Act 
of 1998 was introduced on February 4, 1998, by Senator Frist 
and Senator Rockefeller. The bill is co-sponsored by Senator 
McCain, Senator Hollings, Senator Burns, and Senator Kerry.
  On March 12, 1998, the Commerce Committee in open executive 
session considered S. 1609 as introduced by Senator Frist and, 
without objection, ordered S. 1609 to be reported without 
amendments.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 24, 1998.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1609, the Next 
Generation Internet Research Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Kathleen 
Gramp (for federal costs) and Pepper Santalucia (for the state 
and local impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

S. 1609--Next Generation Internet Research Act of 1998

    Summary: S. 1609 would authorize appropriations for 1999 
and 2000 for a multiagency research initiative to advance the 
speed, flexibility, and robustness of the Next Generation 
Internet (NGI). The bill also would direct an existing federal 
advisory committee to assess and report on various aspects of 
the program's implementation. About 40 percent of the amounts 
authorized each year would support programs at the Defense 
Advanced Research Projects Agency (DARPA) within the Department 
of Defense. The remainder would be distributed among the 
National Science Foundation, the Department of Energy, the 
National Institutes of Health, the National Aeronautics and 
Space Administration.
    Assuming appropriation of the specified amounts, CBO 
estimates that implementing S. 1609 would increase 
discretionary spending by a total of $214 million over the 
1999-2003 period. The legislation would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. S. 1609 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
of 1995 (UMRA), and would impose no costs on state, local, or 
tribal governments.
    Estimated cost to the Federal Government: For the purposes 
of this estimate, CBO assumes that the amounts authorized for 
the NGI programs will be appropriated near the start of each 
fiscal year and that outlays will follow the historical pattern 
for similar activities. We assume that the activities of the 
advisory committee will be funded from the amounts authorized 
for DARPA, consistent with the current funding arrangement for 
that advisory committee. The estimated budgetary impact of S. 
1609 is shown in the following table. The costs of this 
legislation fall within budget functions 050 (national 
defense), 250 (general science, space, and technology), 370 
(commerce and housing credit), and 550 (health).

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                        1998      1999      2000      2001      2002      2003  
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
NGI spending under current law:                                                                                 
    Net budget authority 1 2........................        60         0         0         0         0         0
    Estimated outlays...............................        28        24         6         2         0         0
Proposed changes:                                                                                               
    Authorization level.............................         0       103       115         0         0         0
    Estimated outlays...............................         0        44        93        58        14         4
NGI spending under S. 1609:                                                                                     
    Authorization level 1 2.........................        60       103       115         0         0         0
    Estimated outlays...............................        28        68        99        60        14         4
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year.                                                    
\2\ The National Science Foundation was authorized to spend up to $23 million on NGI in 1998 from amounts       
  collected from Internet Domain Registrations. Because the spending would be funded by offsetting collections, 
  the net budget authority for NSF's NGI activities in 1998 is zero.                                            

    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
S. 1609 contains no intergovernmental mandates as defined in 
UMRA, and would impose no costs on state, local, or tribal 
governments. One of the goals of the NGI initiative is to 
connect 100 sites at speeds 100 times faster than those of 
today's Internet. Many of these sites would be publicly owned 
universities. Some of the funds authorized to be appropriated 
by this bill would be used for this purpose.
    Estimated impact on the private sector: The bill would 
impose no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Kathleen Gramp; Impact 
on State, local, and tribal governments: Pepper Santalucia.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.

                       number of persons covered

  S. 1609, as reported, authorizes the appropriations for the 
Next Generation Internet Research Act of 1998 for FY 1999 and 
FY 2000.

                            economic impact

  This legislation authorizes funding to ensure continuous 
research and development of future Internet systems. Such 
funding should support further U.S. commercialization of 
technology. In addition the bill requires a report to the 
President and Congress on the progress and effectiveness of 
individual agency programs. This action will provide oversight 
of agency programs and prevent unnecessary and costly 
duplication of effort while promoting a more cost effective use 
of Federal funds. The bill will not subject any individuals or 
agencies affected by the bill to additional regulation.

                                privacy

  This legislation will not have an adverse impact on the 
personal privacy of individuals.

                               paperwork

  This legislation requires the Advisory Committee on High-
Performance Computing and Communications, Information 
Technology, and the Next Generation Internet to issue an annual 
report to the President, the Senate Committee on Commerce, 
Science and Transportation and House Committee on Science that 
examines the progress and effectiveness of individual agency 
programs and Next Generation Internet goals.

                      Section-by-Section Analysis

Section 1. Short title

  This section cites the short title of the bill as the ``Next 
Generation Internet Research Act of 1998.''

Section 2. Definitions

  This section would define several terms, including Internet, 
geographical penalty, and network.

Section 3. Findings

  This section provides Congressional findings with regard to 
the U.S. role and leadership in Science and Technology. 
Specifically: (1) the United States has achieved national 
strategic advantages and prominence as a result of American 
leadership in information technology; (2) U.S. dominance in 
this field grew from critical federal investment, and continued 
investment is necessary to maintain and further American 
leadership; (3) Federal investment in this area has created 
both new jobs and new industries; (4) citizens are increasingly 
relying on the Internet for information about and access to the 
government; and (5) wasteful duplication of Federal research 
efforts should be avoided through interagency cooperation.
  This section also includes additional findings to the High-
Performance Computing Act of 1991. These findings say that: (1) 
researchers and educators need a high-capacity, flexible, high-
speed network for access to computational and information 
resources; (2) additional research must be undertaken in order 
to develop new applications that will improve educational 
access, while still contributing to economic growth; (3) 
research in new networking technologies could benefit rural 
areas and ease current economic burdens associated with 
accessing information; and (4) information security is 
important and research into this area is a critical component 
of computing, information and communications research programs.

Section 4. Purpose

  This section states the purposes of the legislation as being 
twofold. First, this bill is the initial component in a series 
of computing, information, and communications technology 
initiatives outlined in the High-Performance Computing Act of 
1991. Second, this legislation will focus on the research and 
development of a coordinated set of technologies to create a 
network infrastructure that will enable users to gain 
economical high-speed data access with greater robustness and 
flexibility.

Section 5. Duties of the advisory committee

  This section would amend title I of the High-Performance 
Computing Act to provide the Advisory Committee on High-
Performance Computing and Communications, Information 
Technology, and the Next Generation Internet with additional 
responsibilities to issue an annual report to the President, 
the Senate Committee on Commerce, Science and Transportation, 
and House Committee on Science. The report would assess the 
progress of the overall program including the extent to which 
each participating agency's role is complementary and non-
duplicative of each other and would address concerns relating 
to geographic penalties and technology transfers. The reporting 
process shall be terminated September 30, 2000.

Section 6. Authorization of appropriations

  This section authorizes funding for the research program 
through FY 2000. The six agencies involved in FY 1999 are 
authorized at individual levels including: DOD, $42,500,000; 
DOE, $20,000,000; NSF, $25,000,000; NIH, $5,000,000; NASA, 
$5,000,000; and NIST, $5,000,000. Funding levels for FY 2000 
are: DOD, $45,000,000; DOE, $25,000,000; NSF, $25,000,000; NIH, 
$7,500,000; NASA, $5,000,000; NIST, $7,500,000.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the Bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

SEC. 2. FINDINGS. [15 U.S.C. 5501]

  The Congress finds the following:
          (1) Advances in computer science and technology are 
        vital to the Nation's prosperity, national and economic 
        security, industrial production, engineering, and 
        scientific advancement.
          (2) The United States currently leads the world in 
        the development and use of high-performance computing 
        for national security, industrial productivity, 
        science, and engineering, but that lead is being 
        challenged by foreign competitors.
          (3) Further research and development, expanded 
        educational programs, improved computer research 
        networks, and more effective technology transfer from 
        government to industry are necessary for the United 
        States to reap fully the benefits of high-performance 
        computing.
          [(4) A high-capacity and high-speed national research 
        and education computer network would provide 
        researchers and educators with access to computer and 
        information resources and act as a test bed for further 
        research and development high-capacity and high-speed 
        computer networks.]
          (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.
          (5) Several Federal agencies have ongoing high-
        performance computing programs, but improved long-term 
        interagency coordination, cooperation, and planning 
        would enhance the effectiveness of these programs.
          (6) A 1991 report entitled ``Grand Challenges: High-
        Performance Computing and Communications'' by the 
        Office of Science and Technology Policy, outlining 
        research and development strategy for high-performance 
        computing, provides framework for a multiagency high-
        performance computing program. Such a program would 
        provide American researchers and educators with the 
        computer and information resources they need, and 
        demonstrate how advanced computers, high-capacity and 
        high-speed networks, and electronic data bases can 
        improve the national information infrastructure for use 
        by all Americans.
          (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. PURPOSE.] [15 U.S.C. 5502]

SEC. 3. PURPOSES.

  The [purpose of this Act is] purposes of this Act are to help 
ensure the continued leadership of the United States in high-
performance computing and its applications by--
          (1) expanding Federal support for research, 
        development, and application of high-performance 
        computing in order to--
                  (A) establish a high-capacity and high-speed 
                National Research and Education network;
                  (B) expand the number of researchers, 
                educators, and students with training high-
                performance computing and access to high-
                performance computing resources;
                  (C) promote the further development of an 
                information infrastructure of databases, 
                services, access mechanisms, and research 
                facilities available for use through the 
                Network;
                  (D) stimulate research on software 
                technology;
                  (E) promote the more rapid development and 
                wider distribution of computing software tools 
                and applications software;
                  (F) accelerate the development of computing 
                systems and subsystems;
                  (G) provide for the application of high-
                performance computing to Grand Challenges;
                  (H) invest in basic research and education, 
                and promote the inclusion of high-performance 
                computing into educational institutions at all 
                levels; and
                  (I) promote greater collaboration among 
                government, Federal laboratories, industry, 
                high-performance computing centers, and 
                [universities; and] universities;
          (2) improving the interagency planning and 
        coordination of Federal research and development on 
        high-performance computing and maximizing the 
        effectiveness the Federal Government's high-performance 
        computing [efforts.] network research and development 
        programs;
          (3) promoting the further development of an 
        information infrastructure of information stores, 
        services, access mechanisms, and research facilities 
        available for use through the Internet;
          (4) promoting the more rapid development and wider 
        distribution of networking management and development 
        tools; and
          (5) promoting the rapid adoption of open network 
        standards.

SEC. 4. DEFINITIONS. [15 U.S.C. 5503]

  As used in this Act, the term--
          (1) ``Director'' means the Director of the Office of 
        Science and Technology Policy;
          (2) ``Grand Challenge'' means a fundamental problem 
        in science or engineering, with broad economic and 
        scientific impact, whose solution will require the 
        application of high-performance computing resources;
          (3) ``high-performance computing'' means advanced 
        computing, communications, and information 
        technologies, including scientific workstations, 
        supercomputer systems (including vector supercomputers 
        and large scale parallel systems), high-capacity and 
        high-speed networks, special purpose and experimental 
        systems, and applications and systems software;
          (4) ``Network'' means a computer [network referred to 
        as the National Research and Education Network 
        established under section 102; and] network, including 
        advanced computer networks of Federal agencies and 
        departments; and
          (5) ``Program'' means the National High-Performance 
        Computing Program described in section 101.

           *       *       *       *       *       *       *


SEC. 103. ADVISORY COMMITTEE.

  (a) In General.--In addition to its functions under Executive 
Order 13035 (62 F.R. 7231), the Advisory Committee on High-
Performance Computing and Communications, Information 
Technology, and the Next Generation Internet, established by 
Executive Order No. 13035 of February 11, 1997 (62 F.R. 7231) 
shall--
          (1) assess the extent to which the Next Generation 
        Internet program--
                  (A) carries out the purposes of this Act;
                  (B) addresses concerns relating to, among 
                other matters--
                          (i) geographic penalties (as defined 
                        in section 2(2) of the Next Generation 
                        Internet Research Act of 1998); and
                          (ii) technology transfer to and from 
                        the private sector; and
          (2) assess the extent to which--
                  (A) the role of each Federal agency and 
                department involved in implementing the Next 
                Generation Internet program is clear, 
                complementary to and non-duplicative of the 
                roles of other participating agencies and 
                departments; and
                  (B) each such agency and department concurs 
                with the role of each other participating 
                agency or department.
  (b) Reports.--The Advisory Committee shall assess 
implementation of the Next Generation Internet initiative and 
report, not less frequently than annually, to the President, 
the United States Senate Committee on Commerce, Science, and 
Transportation, and the United States House of Representatives 
Committee on Science on its findings 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 the last report shall be submitted by September 30, 
2000.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for the purpose of 
carrying out the Next Generation Internet program the following 
amounts:

------------------------------------------------------------------------
                                                             FY 2000    
               Agency                    FY 1999                        
------------------------------------------------------------------------
Department of Defense                     $42,500,000        $45,000,000
Department of Energy                      $20,000,000        $25,000,000
National Science Foundation               $25,000,000        $25,000,000
National Institutes of Health              $5,000,000         $7,500,000
National Aeronautics and Space                                          
 Administration                            $5,000,000         $5,000,000
National Institute of Standards                                         
 and Technology                            $5,000,000        $7,500,000.
------------------------------------------------------------------------