IV 

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 


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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 

1 Resolved, 


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1 SECTION 1. AUTHORIZATION OF CIVIL ACTION REGARDING 

2 COMPLIANCE OF EXECUTIVE BRANCH WITH 

3 LAW PROHIBITING RELINQUISHMENT OF RE4 SPONSIBILITY OF NATIONAL TELECOMMUNI5 CATIONS AND INFORMATION ADMINISTRA6 TION WITH RESPECT TO INTERNET DOMAIN 

7 NAME SYSTEM FUNCTIONS. 

8 The Speaker of the House of Representatives is au9 thorized to initiate or intervene in one or more civil actions 

10 on behalf of the House in a Federal court of competent 

11 jurisdiction to seek any appropriate relief regarding the 

12 failure of the President, the head of any department or 

13 agency, or any other officer or employee of the executive 

14 branch to act in a manner consistent with that official’s 

15 duties under the Constitution and laws of the United 

16 States with respect to the implementation of section 539 

17 of the Commerce, Justice, Science, and Related Agencies 

18 Appropriations Act, 2016 (Public Law 114–113; 129 Stat. 

19 2332) or any other related provision of law, including a 

20 failure to implement such section or any such provision. 

21 SEC. 2. NOTIFICATION. 

22 The Speaker shall notify the House of Representa23 tives of any decision to initiate or intervene in any civil 

24 action pursuant to this resolution. 


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1 SEC. 3. PROCESS FOR CIVIL ACTION. 

2 (a) REPRESENTATION BY GENERAL COUNSEL.—The 

3 Office of the General Counsel of the House of Representa4 tives, at the direction of the Speaker, shall represent the 

5 House in any civil action initiated, or in which the House 

6 intervenes, pursuant to this resolution and may employ the 

7 services of outside counsel and other experts for this pur8 pose. 

9 (b) STATEMENT OF COSTS OF OUTSIDE COUNSEL

10 AND EXPERTS.—Not later than 30 days after the expira11 tion of each calendar quarter, the chair of the Committee 

12 on House Administration shall cause to be printed in the 

13 Congressional Record a statement setting forth the aggre14 gate amounts expended by the Office of General Counsel 

15 on outside counsel and other experts pursuant to sub16 section (a) during that quarter. 

Æ 


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