[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2521 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2521

 To require the Comptroller General to conduct a study of the business 
   practices, procedures, accountability, and administration of the 
Internet Corporation for Assigned Names and Numbers and of the Internet 
              domain name system, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2003

 Mr. Baird (for himself and Mr. Inslee) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To require the Comptroller General to conduct a study of the business 
   practices, procedures, accountability, and administration of the 
Internet Corporation for Assigned Names and Numbers and of the Internet 
              domain name system, 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 ``Fair, Transparent, and Competitive 
Internet Naming Act of 2003''.

SEC. 2. GAO STUDY OF ICANN AND DOMAIN NAME SYSTEM.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study regarding the business practices, procedures, 
accountability, and administration of the Internet Corporation for 
Assigned Names and Numbers (in this Act referred to as ``ICANN''), 
which shall include an examination and analysis of the following 
issues:
            (1) Whether ICANN, in acting as the exclusive operator of 
        the Internet domain name system, has operated in accordance 
        with the terms of the Memorandum of Understanding Between the 
        U.S. Department of Commerce and Internet Corporation for 
        Assigned Names and Numbers, entered into in 1998.
            (2) Whether the terms of the Memorandum of Understanding, 
        as in effect on June 19, 2003, provide for adequate and 
        appropriate oversight by the Federal Government of decisions 
        made by ICANN and agreements entered into by ICANN with other 
        non-government agencies.
            (3) Whether, taking into consideration the quasi-
        governmental status of ICANN, the interests of the public, the 
        Federal Government, and individuals and entities most directly 
        affected by decisions of ICANN would be better served by a 
        different legal relationship between ICANN and the Government, 
        including--
                    (A) designation of ICANN as an advisory committee, 
                for purposes of the Federal Advisory Committee Act (5 
                U.S.C. App.);
                    (B) applicability of a set of standardized and 
                specific procedures, similar to those applicable to 
                Federal agencies under the chapter 5 of title 5, United 
                States Code (commonly known as the Administrative 
                Procedures Act), to the decision making processes of 
                ICANN; and
                    (C) treatment of ICANN as a Federal contractor for 
                purposes of the procedures and guidelines under Federal 
                laws relating to Federal contracts and procurement.
            (4) Whether any decision by ICANN to approve the request of 
        a private entity to manage and operate a Wait Listing Service 
        for expired Internet domain names is consistent with the 
        purpose and principles of the Memorandum of Understanding, 
        whether any such decision would have the effect of awarding a 
        monopoly to such private entity, and the effects any such 
        decision would have on existing Internet domain name registrars 
        and on other users of the Internet.
            (5) Whether any such decision would be consistent with the 
        requirement under the Memorandum of Understanding for ICANN to 
        abide by the principle of competition.
    (b) Existing Registrars.--In conducting the study under this 
section, the Comptroller General shall provide existing Internet domain 
name registrars a fair opportunity to be heard on the issues studied, 
which shall include requesting such registrars to submit comments on 
the issues studied, and shall consult with a group of representatives 
of such registrars selected to fairly represent the views of such 
registrars in analyzing the information collected during the study.
    (c) Report.--The Comptroller General shall submit a report to the 
Congress regarding the study conducted under this section, which shall 
include an analysis of, and recommendations regarding, each issue 
studied and a description of the views of existing Internet registrars 
regarding each such issue and recommendation.

SEC. 3. MORATORIUM.

    During the period beginning upon June 19, 2003, and ending upon the 
expiration of the 30-day period that begins upon submission to the 
Congress of the report required under section 2(c)--
            (1) the Secretary of Commerce may not take any action to 
        alter the system and procedures for registration of Internet 
        domain names from such system in effect on June 19, 2003, and 
        any action taken during such period before the date of the 
        enactment of this Act may not be given any effect during the 
        remainder of such period, and
            (2) any decision or determination to alter such system, 
        including by providing for any entity to implement a Wait 
        Listing Service of domain name registration, and any authority 
        granted to alter such system, shall not be effective during 
        such period, regardless of whether such decision or 
        determination is made before or after the date of the enactment 
        of this Act.
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