I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair, Transparent, and 

5 Competitive Internet Naming Act of 2003’’. 
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1 SEC. 2. GAO STUDY OF ICANN AND DOMAIN NAME SYSTEM. 

2 (a) IN GENERAL.—The Comptroller General of the 

3 United States shall conduct a study regarding the business 

4 practices, procedures, accountability, and administration 

5 of the Internet Corporation for Assigned Names and 

6 Numbers (in this Act referred to as ‘‘ICANN’’), which 

7 shall include an examination and analysis of the following 

8 issues: 

9 (1) Whether ICANN, in acting as the exclusive 

10 operator of the Internet domain name system, has 

11 operated in accordance with the terms of the Memo12 randum of Understanding Between the U.S. Depart13 ment of Commerce and Internet Corporation for As14 signed Names and Numbers, entered into in 1998. 

15 (2) Whether the terms of the Memorandum of 

16 Understanding, as in effect on June 19, 2003, pro17 vide for adequate and appropriate oversight by the 

18 Federal Government of decisions made by ICANN 

19 and agreements entered into by ICANN with other 

20 non-government agencies. 

21 (3) Whether, taking into consideration the 

22 quasi-governmental status of ICANN, the interests 

23 of the public, the Federal Government, and individ24 uals and entities most directly affected by decisions 

25 of ICANN would be better served by a different 
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1 legal relationship between ICANN and the Govern2 ment, including—

3 (A) designation of ICANN as an advisory 

4 committee, for purposes of the Federal Advisory 

5 Committee Act (5 U.S.C. App.); 

6 (B) applicability of a set of standardized 

7 and specific procedures, similar to those appli8 cable to Federal agencies under the chapter 5 

9 of title 5, United States Code (commonly known 

10 as the Administrative Procedures Act), to the 

11 decision making processes of ICANN; and 

12 (C) treatment of ICANN as a Federal con13 tractor for purposes of the procedures and 

14 guidelines under Federal laws relating to Fed15 eral contracts and procurement. 

16 (4) Whether any decision by ICANN to approve 

17 the request of a private entity to manage and oper18 ate a Wait Listing Service for expired Internet do19 main names is consistent with the purpose and prin20 ciples of the Memorandum of Understanding, wheth21 er any such decision would have the effect of award22 ing a monopoly to such private entity, and the ef23 fects any such decision would have on existing Inter24 net domain name registrars and on other users of 

25 the Internet. 
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1 (5) Whether any such decision would be con2 sistent with the requirement under the Memo3 randum of Understanding for ICANN to abide by 

4 the principle of competition. 

5 (b) EXISTING REGISTRARS.—In conducting the study 

6 under this section, the Comptroller General shall provide 

7 existing Internet domain name registrars a fair oppor8 tunity to be heard on the issues studied, which shall in9 clude requesting such registrars to submit comments on 

10 the issues studied, and shall consult with a group of rep11 resentatives of such registrars selected to fairly represent 

12 the views of such registrars in analyzing the information 

13 collected during the study. 

14 (c) REPORT.—The Comptroller General shall submit 

15 a report to the Congress regarding the study conducted 

16 under this section, which shall include an analysis of, and 

17 recommendations regarding, each issue studied and a de18 scription of the views of existing Internet registrars re19 garding each such issue and recommendation. 

20 SEC. 3. MORATORIUM. 

21 During the period beginning upon June 19, 2003, 

22 and ending upon the expiration of the 30-day period that 

23 begins upon submission to the Congress of the report re24 quired under section 2(c)—
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1 (1) the Secretary of Commerce may not take 

2 any action to alter the system and procedures for 

3 registration of Internet domain names from such 

4 system in effect on June 19, 2003, and any action 

5 taken during such period before the date of the en6 actment of this Act may not be given any effect dur7 ing the remainder of such period, and 

8 (2) any decision or determination to alter such 

9 system, including by providing for any entity to im10 plement a Wait Listing Service of domain name reg11 istration, and any authority granted to alter such 

12 system, shall not be effective during such period, re13 gardless of whether such decision or determination is 

14 made before or after the date of the enactment of 

15 this Act.

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