[Congressional Record Volume 161, Number 101 (Tuesday, June 23, 2015)]
[House]
[Pages H4550-H4551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DOMAIN OPENNESS THROUGH CONTINUED OVERSIGHT MATTERS ACT OF 2015
Mr. SHIMKUS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 805) to prohibit the National Telecommunications and
Information Administration from relinquishing responsibility over the
Internet domain name system until the Comptroller General of the United
States submits to Congress a report on the role of the NTIA with
respect to such system, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 805
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 ``Domain Openness Through
Continued Oversight Matters Act of 2015'' or the ``DOTCOM Act
of 2015''.
SEC. 2. REQUIREMENTS FOR IANA STEWARDSHIP TRANSITION.
(a) In General.--Until the date that is 30 legislative days
after the submission to Congress of the report described in
subsection (b), the Assistant Secretary may not permit the
NTIA's role in the performance of the Internet Assigned
Numbers Authority functions to terminate, lapse, be
cancelled, or otherwise cease to be in effect.
(b) Report Described.--The report described in this
subsection is a report that contains--
(1) the proposal relating to the transition of the NTIA's
stewardship of the Internet Assigned Numbers Authority
functions that was developed in a process convened by ICANN
at the request of the NTIA; and
(2) a certification by the Assistant Secretary that--
(A) such proposal--
(i) supports and enhances the multistakeholder model of
Internet governance;
(ii) maintains the security, stability, and resiliency of
the Internet domain name system;
(iii) meets the needs and expectations of the global
customers and partners of the Internet Assigned Numbers
Authority services;
(iv) maintains the openness of the Internet; and
(v) does not replace the role of the NTIA with a
government-led or intergovernmental organization solution;
and
(B) the required changes to ICANN's bylaws contained in the
final report of ICANN's Cross Community Working Group on
Enhancing ICANN Accountability and the changes to ICANN's
bylaws required by ICANN's IANA Stewardship Transition
Coordination Group have been adopted.
(c) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) ICANN.--The term ``ICANN'' means the Internet
Corporation for Assigned Names and Numbers.
(3) Legislative day.--The term ``legislative day'' does not
include Saturdays, Sundays, legal public holidays, or days
either House of Congress is adjourned for more than 3 days
during a session of Congress.
(4) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
Amend the title so as to read: ``A bill to provide for
certain requirements relating to the Internet Assigned
Numbers Authority stewardship transition.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Shimkus) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. SHIMKUS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. SHIMKUS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today we are here to consider H.R. 805, the DOTCOM Act.
I first introduced this legislation last Congress, and I am proud to
see it brought to the floor today. The DOTCOM Act is a great example of
what can get done when we work together and build on the Energy and
Commerce Committee's growing record of legislative success.
Mr. Speaker, as many of my colleagues know, from the time the
administration announced their intent to transition the IANA functions,
I have had serious concerns about the potential risk associated with
the move. I have said time and again that this is far too important to
rush and that we must carefully consider all the potential consequences
and outcomes before any transition occurs.
Mr. Speaker, my bill would require a period of 30 legislative days
for us to review any proposal that NTIA receives from the
multistakeholder community and ICANN. This allows us to hear from our
constituents and consult with outside experts before we decide if
ICANN's proposal is satisfactory. If, in this review period allowed
only through passage of the DOTCOM Act, we find that ICANN and/or its
proposal does not adequately protect the free and open Internet,
Congress can then take action to either completely stop the transfer or
require more safeguards to be put in place.
Additionally, and perhaps most importantly, the DOTCOM Act requires
NTIA to renew their contract to continue these important stewardship
functions with ICANN before it expires in September. Everyone agrees
that the contract should remain with NTIA while this process moves
forward. DOTCOM is the vehicle to make sure this does in fact happen.
Extending the contract takes the pressure off of making a rushed
transition and perhaps making mistakes. We get one bite at the apple on
this, and we need to make sure it is done correctly.
Mr. Speaker, before I relinquish my time, I want to say that I am
very proud of the work that has been done on this bill in the Energy
and Commerce Committee, particularly by Chairmen Upton and Walden and
Ranking Members Pallone and Eshoo. We wouldn't be here today without
their hard work and also the work of staff, particularly Greta Joynes
of my office and committee staff David Redl, Kelsey Guyselman, Margaret
McCarthy, David Goldman, and Tiffany Guarascio.
Mr. Speaker, clearly, this is an issue that has brought both sides
together for the best interests of all Americans. I ask my colleagues
to support the passage of H.R. 805, and I reserve the balance of my
time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 805, the Domain Openness
Through Continued Oversight Matters, or DOTCOM, Act. I am pleased to
support this bill, and I want to commend my colleagues for the
bipartisan process in the Energy and Commerce Committee that brought us
here.
The Internet is a great American success story that has benefited
billions of users around the globe. Over the last two decades, the
United States Government has taken steps to get out of the way and
empower a bottom-up approach to Internet governance. Thanks to the
success of this multistakeholder model, the Internet has opened up new
markets and economic opportunities and become an unprecedented platform
for democratic free expression.
Mr. Speaker, under both Republican and Democratic administrations,
the U.S. Government has supported the idea that the Internet should be
governed through a decentralized process, free from governmental
control. Since the late 1990s, the U.S. Government has moved towards
private sector management of the domain name system. To put it another
way, we think that the future of the Internet should be determined by
businesses, civil society, and technical experts.
Congress has also explicitly embraced this vision. As recently as
2013, the House voted unanimously in support of a bill making it
official U.S. policy to ``preserve and advance the successful
multistakeholder model that governs the Internet.''
Mr. Speaker, completing the transition of the Internet Assigned
Numbers Authority advances that policy goal. The IANA transition
reaffirms our two-decade commitment to the global multistakeholder
community, but we have a responsibility to make sure that the
transition is done right.
The DOTCOM Act continues the longstanding congressional support for
the global, open Internet while appropriately conducting oversight of
the National Telecommunications and Information Administration. We
require NTIA to live up to the commitments the agency has made for the
IANA transition and ensure that transparency and accountability
mechanisms are in place before the U.S. Government can relinquish its
stewardship role. In short, I believe our bill provides the necessary
safeguards for the IANA transition to occur without unnecessary delay.
Our vote on the DOTCOM Act today is timely for several reasons. Key
[[Page H4551]]
meetings are taking place, as we speak, in Buenos Aires, Argentina, to
finalize planning for the IANA transition. And quick action on the
DOTCOM Act is needed to provide a better alternative to the language in
the House Commerce, Justice, Science Appropriations bill that blocks
NTIA's ability to implement the transition. Unlike the appropriations
rider, the DOTCOM Act provides a real opportunity for congressional
oversight, so I urge all my colleagues to support it.
Finally, Mr. Speaker, I want to thank Chairmen Upton and Walden,
Representative Shimkus, and their respective staffs, David Redl and
Greta Joynes, for working with Congresswoman Eshoo and other Democrats
on this bill. The DOTCOM Act shows what we can accomplish when our work
is bipartisan from the start. I would also like to thank David Goldman
and Margaret McCarthy of my staff for their hard work on this
legislation. I look forward to working with you all and our colleagues
in the Senate to see this bill become law.
Mr. Speaker, I have no other speakers. I urge passage of the DOTCOM
Act.
I yield back the balance of my time.
Mr. SHIMKUS. Mr. Speaker, I yield back the balance of my time.
Ms. ESHOO. Mr. Speaker, I rise in support of H.R. 805, the DOTCOM
Act.
Over the past two decades, U.S. policy through Republican and
Democratic administrations has supported the transition of the Internet
Assigned Numbers Authority (IANA) to the private sector. The DOTCOM Act
which passed the Energy and Commerce Committee by voice vote last week
carries on this bipartisan tradition by ensuring that the IANA
transition supports and enhances the multi-stakeholder model of
Internet governance; maintains the security, stability, and resiliency
of the Internet domain name system; and does not replace the role of
the NTIA with a government-led or intergovernmental organization
solution.
Importantly, the DOTCOM Act as amended by the Committee, represents a
sensible alternative to the funding restriction included in the House-
passed Commerce, Justice and Science (CJS) Appropriations bill. I look
forward to working with my colleagues to see that the DOTCOM Act
becomes the law of the land--rather than enacting a counterproductive
limitation of funds which sends the wrong message to the international
community.
I thank Chairman Walden, Ranking Member Pallone and Congressman
Shimkus for their bipartisan cooperation on this bill and I urge my
colleagues to support the DOTCOM Act, which is a vote for the multi-
stakeholder model of Internet governance and a global, open Internet,
free from governmental control.
Mr. UPTON. Mr. Speaker, right now as we speak, the international
community is meeting in Argentina to discuss the state of the Internet
around the globe. We have an opportunity today to send a loud and clear
message to those gathered in Buenos Aires: that the United States will
not stand for anything other than strong safeguards to protect our
online future.
By advancing the DOTCOM Act, we can ensure that the Internet--the
world's greatest platform of ideas, commerce, and social connection--
continues to thrive to the benefit of folks in Michigan and every
corner of the country.
As we move toward transitioning the United States' oversight role of
the Domain Name System to the international community of stakeholders,
it is essential we tread carefully and thoughtfully. The bill we are
considering today is a bipartisan effort to ensure appropriate
congressional oversight of this incredibly important transition, and
ensure that the administration and NTIA get it right as there are no
do-overs.
Over the course of the past year, the Energy and Commerce Committee
has engaged in efforts to ensure that any transition proposal
considered by the administration contains the necessary safeguards to
protect the Internet. This bill incorporates the criteria initially put
forward by NTIA, and requires the agency to certify to Congress that
the proposal meets these important metrics. It would also put important
accountability measures in place for the Internet community.
This legislation, which the Energy and Commerce Committee approved by
voice vote, is the result of many informative hearings, feedback from a
variety of stakeholders--both domestically and internationally--and
productive and ongoing conversations between members on both sides of
the aisle. Once again, our committee's efforts demonstrate that
Congress can work together to achieve meaningful results and build a
bipartisan record of success. I want to recognize Mr. Shimkus for his
leadership on this issue from the beginning, as well as Chairman Walden
and Ranking Member Pallone for their hard work on this commonsense
solution to protect the Internet on which we have come to depend.
The world is watching. A vote for the DOTCOM Act is a vote for
effective Congressional oversight. I urge all members to support this
important legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Shimkus) that the House suspend the rules
and pass the bill, H.R. 805, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SHIMKUS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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