Next Generation Internet Research Act of 1998
PL 105-305 (H.R.3332), enacted 10/28/1998

PUBLIC LAW 105-305—OCT. 28, 1998 
112 STAT. 2919 
Public Law 105-305 
105th Congress 
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 
Oct. 28, 1998 
and give advice concerning the development and implementation of the Next 
[H R 33321 
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, 
Next Generation 
Internet 
SECTION 1. SHORT TITLE. 
Research Act of 
1998. 
This Act may be cited as the "Next Generation Internet 
15USC5501 
Research Act of 1998". 
note. 
SEC. 2. FINDINGS. 
15 USC 5501 
(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 research-
ers and educators with access to computational and information 
resources, act as a test bed for further research and develop-
ment for high-capacity and high-speed computer networks, and 
59-194 0-98-6:QL3Part5 
112 STAT. 2920 
PUBLIC LAW 105-305—OCT. 28, 1998 
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 pro-
grams.". 
SEC. 3. PURPOSES. 
15 use 5501 
(a) IN GENERAL.—^The purposes of this Act are— 
note. 
(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 coordi-
nated 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 economi-
cally viable and does not impose a geographic penalty; 
and 
(C) encourage researchers to pursue approaches to net-
working 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 para-
graph (1)(B), as so redesignated by paragraph (3) of this sub-
section; 
(5) striking; "and" at the end of paragraph (1)(H), as so 
redesignated by paragraph (3) of this subsection; 
PUBLIC LAW 105-305—OCT. 28, 1998 
112 STAT. 2921 
(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 dis-
tribution of networking management and development tools; 
and 
"(4) promoting the rapid adoption of open network stand-
ards.". 
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 dem-
onstrate advanced applications made possible by the existence 
of such testbed networks;". 
(b) ADVISORY COMMITTEE.—Section 101(b) of the High-Perform-
ance Computing Act of 1991 (15 U.S.C. 5511(b)) is amended by 
striking "HIGH-PERFORMANCE COMPUTING" in the subsection head-
ing. 
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. 
15 USC 5513. 
"(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. Fed-
eral research institutions, and other appropriate research part-
ner institutions, to support networking research and to dem-
onstrate new networking technologies; and 
"(3) develop and demonstrate advanced Internet applica-
tions 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 
112 STAT. 2922 
PUBLIC LAW 105-305—OCT. 28, 1998 
Deadline. 
Deadline. 
"(B) addresses concerns relating to, among other mat-
ters— 
"(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 univer-
sities (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 fun-
damental 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 Commit-
tee on Appropriations, and the Committee on Armed Services of 
the Senate, and the Committee on Science, the Committee on Appro-
priations, 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 the 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 author-
ized 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 feder-
ally 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 the enactment of this Act, the Secretary 
PUBLIC LAW 105-305—OCT. 28, 1998 
112 STAT. 2923 
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, prac-
tice, 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 tech-
nical approaches to Internet addressing; 
(4) choice of law or jurisdiction for resolution of trademark 
rights disputes relating to domain names, including which juris-
dictions 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 Com-
merce shall— 
(A) direct the Patent and Trademark Office, the 
National Telecommunications and Information Administra-
tion, 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 corpora-
tion established to manage the Internet root server system 
112 STAT. 2924 
PUBLIC LAW 105-305—OCT. 28, 1998 
and the top-level domain names provide similar cooperation 
to the National Research Council. 
Deadlines. 
(d) REPORTS.— 
(1) I N GENERAL.— 
(A) INTERIM REPORT.—^Afker a period of public comment 
and not later than 4 months after the date of the enactment 
of this Act, the National 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 the 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 rec-
ommendations of the Council concerning the effects of add-
ing new generic top-level domains and related dispute reso-
lution 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 Sec-
retary 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 afl;er 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 Transpor-
tation 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. 
15 use 5501 
(a) IN GENERAL.—For purposes of this A c t -
note. 
(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 dispropor-
tionately 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 inter-
national 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 
PUBLIC LAW 105-305—OCT. 28, 1998 
112 STAT. 2925 
(2) by inserting after paragraph (3) the following new para-
graph: 
"(4) 'Internet' means the international computer network 
of both Federal and non-Federal interoperable packet switched 
data networks;". 
Approved October 28, 1998. 
LEGISLATIVE HISTORY—H.R. 3332 (S. 1609): 
SENATE REPORTS: No. 105-173 accompanying S. 1609 (Coram, on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 14, considered and passed House. 
Oct. 8, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 28, Presidential statement.