[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 853 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
H. RES. 853

Authorizing the Speaker of the House of Representatives to initiate or 
 intervene in a civil action regarding the compliance of the executive 
  branch with the provision of law prohibiting relinquishment of the 
   responsibility of the National Telecommunications and Information 
 Administration with respect to Internet domain name system functions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2016

Mr. Kelly of Pennsylvania submitted the following resolution; which was 
referred to the Committee on Rules, and in addition to the Committee on 
House Administration, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
Authorizing the Speaker of the House of Representatives to initiate or 
 intervene in a civil action regarding the compliance of the executive 
  branch with the provision of law prohibiting relinquishment of the 
   responsibility of the National Telecommunications and Information 
 Administration with respect to Internet domain name system functions.

Whereas Lawrence E. Strickling, the Assistant Secretary of Commerce for 
        Communications and Information and Administrator of the National 
        Telecommunications and Information Administration (NTIA), announced on 
        August 16, 2016, that NTIA will allow the contract between the United 
        States Government and the Internet Corporation for Assigned Names and 
        Numbers (ICANN) to lapse by September 30, 2016;
Whereas NTIA's decision necessarily used appropriated funds through payment of 
        the salaries of NTIA staff whose time was used to make the decision and 
        other expenditures for evaluating ICANN's proposed reforms, in violation 
        of section 539 of the Commerce, Justice, Science, and Related Agencies 
        Appropriations Act, 2016 (Public Law 114-113; 129 Stat. 2332);
Whereas NTIA's decision was made before the Government Accountability Office 
        answered the question asked of it by Congress regarding whether the 
        Internet Assigned Numbers Authority (IANA) functions are a Government 
        asset, the transfer of which requires congressional authorization under 
        clause 2 of section 3 of article IV of the Constitution of the United 
        States (commonly known as the ``Property Clause''); and
Whereas NTIA's decision, in light of the foregoing, raises serious 
        constitutional concerns regarding the separation of powers and the rule 
        of law: Now, therefore, be it
    Resolved,

SECTION 1. AUTHORIZATION OF CIVIL ACTION REGARDING COMPLIANCE OF 
              EXECUTIVE BRANCH WITH LAW PROHIBITING RELINQUISHMENT OF 
              RESPONSIBILITY OF NATIONAL TELECOMMUNICATIONS AND 
              INFORMATION ADMINISTRATION WITH RESPECT TO INTERNET 
              DOMAIN NAME SYSTEM FUNCTIONS.

    The Speaker of the House of Representatives is authorized to 
initiate or intervene in one or more civil actions on behalf of the 
House in a Federal court of competent jurisdiction to seek any 
appropriate relief regarding the failure of the President, the head of 
any department or agency, or any other officer or employee of the 
executive branch to act in a manner consistent with that official's 
duties under the Constitution and laws of the United States with 
respect to the implementation of section 539 of the Commerce, Justice, 
Science, and Related Agencies Appropriations Act, 2016 (Public Law 114-
113; 129 Stat. 2332) or any other related provision of law, including a 
failure to implement such section or any such provision.

SEC. 2. NOTIFICATION.

    The Speaker shall notify the House of Representatives of any 
decision to initiate or intervene in any civil action pursuant to this 
resolution.

SEC. 3. PROCESS FOR CIVIL ACTION.

    (a) Representation by General Counsel.--The Office of the General 
Counsel of the House of Representatives, at the direction of the 
Speaker, shall represent the House in any civil action initiated, or in 
which the House intervenes, pursuant to this resolution and may employ 
the services of outside counsel and other experts for this purpose.
    (b) Statement of Costs of Outside Counsel and Experts.--Not later 
than 30 days after the expiration of each calendar quarter, the chair 
of the Committee on House Administration shall cause to be printed in 
the Congressional Record a statement setting forth the aggregate 
amounts expended by the Office of General Counsel on outside counsel 
and other experts pursuant to subsection (a) during that quarter.
                                 <all>