I 

114TH CONGRESS 

2D SESSION H. R. 5418 

To prohibit the National Telecommunications and Information Administration 

from allowing the Internet Assigned Numbers Authority functions contract to lapse unless specifically authorized to do so by an Act of 

Congress. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2016 

Mr. DUFFY (for himself, Mr. SALMON, Mr. SENSENBRENNER, Mr. GOHMERT, 

Mr. JONES, Mr. FLEMING, Mr. CULBERSON, Mr. BABIN, Mr. JOYCE, and 

Mr. BURGESS) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To prohibit the National Telecommunications and Information Administration from allowing the Internet Assigned 

Numbers Authority functions contract to lapse unless 

specifically authorized to do so by an Act of Congress. 

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 ‘‘Protecting Internet 

5 Freedom Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The Department of Commerce and the Na2 tional Telecommunications and Information Admin3 istration (in this section referred to as the ‘‘NTIA’’) 

4 should be responsible for maintaining the continuity 

5 and stability of services related to certain inter6 dependent Internet technical management functions, 

7 known collectively as the Internet Assigned Numbers 

8 Authority (in this section referred to as the 

9 ‘‘IANA’’), which includes— 

10 (A) the coordination of the assignment of 

11 technical Internet protocol parameters; 

12 (B) the administration of certain respon13 sibilities associated with the Internet domain 

14 name system root zone management; 

15 (C) the allocation of Internet numbering 

16 resources; and 

17 (D) other services related to the manage18 ment of the Advanced Research Project Agency 

19 and INT top-level domains. 

20 (2) The interdependent technical functions de21 scribed in paragraph (1) were performed on behalf 

22 of the Federal Government under a contract between 

23 the Defense Advanced Research Projects Agency and 

24 the University of Southern California as part of a 

25 research project known as the Tera-node Network 


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1 Technology project. As the Tera-node Network 

2 Technology project neared completion and the con3 tract neared expiration in 1999, the Federal Govern4 ment recognized the need for the continued perform5 ance of the IANA functions as vital to the stability 

6 and correct functioning of the Internet. 

7 (3) The NTIA may use its contract authority to 

8 maintain the continuity and stability of services re9 lated to the IANA functions. 

10 (4) If the NTIA uses its contract authority, the 

11 contractor, in the performance of its duties, must 

12 have or develop a close constructive working rela13 tionship with all interested and affected parties to 

14 ensure quality and satisfactory performance of the 

15 IANA functions. The interested and affected parties 

16 include— 

17 (A) the multistakeholder, private sector18 led, bottom-up policy development model for the 

19 domain name system that the Internet Corpora20 tion for Assigned Names and Numbers rep21 resents; 

22 (B) the Internet Engineering Task Force 

23 and the Internet Architecture Board; 

24 (C) Regional Internet Registries; 


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1 (D) top-level domain operators and man2 agers, such as country codes and generic; 

3 (E) governments; and 

4 (F) the Internet user community. 

5 (5) The IANA functions contract of the Depart6 ment of Commerce explicitly declares that ‘‘[a]ll 

7 deliverables provided under this contract become the 

8 property of the U.S. Government.’’. One of the 

9 deliverables is the automated root zone. 

10 (6) Former President Bill Clinton’s Internet 

11 czar Ira Magaziner stated that ‘‘[t]he United States 

12 paid for the Internet, the Net was created under its 

13 auspices, and most importantly everything [research14 ers] did was pursuant to government contracts.’’. 

15 (7) Under section 3 of article IV of the Con16 stitution of the United States, Congress has the ex17 clusive power to ‘‘dispose of and make all needful 

18 Rules and Regulations respecting the Territory or 

19 other Property belonging to the United States’’. 

20 (8) The .gov and .mil top-level domains are the 

21 property of the United States Government, and as 

22 property, the United States Government should have 

23 the exclusive control and use of those domains in 

24 perpetuity. 


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1 SEC. 3. MAINTAINING THE IANA FUNCTIONS CONTRACT. 

2 The Assistant Secretary of Commerce for Commu3 nications and Information may not allow the responsibility 

4 of the National Telecommunications and Information Ad5 ministration with respect to the Internet domain name 

6 system functions, including responsibility with respect to 

7 the authoritative root zone file and the performance of the 

8 Internet Assigned Numbers Authority functions, to termi9 nate, lapse, expire, be canceled, or otherwise cease to be 

10 in effect unless a Federal statute enacted after the date 

11 of enactment of this Act expressly grants the Assistant 

12 Secretary such authority. 

13 SEC. 4. EXCLUSIVE UNITED STATES GOVERNMENT OWNER14 SHIP AND CONTROL OF .GOV AND .MIL DO15 MAINS. 

16 Not later than 60 days after the date of enactment 

17 of this Act, the Assistant Secretary of Commerce for Com18 munications and Information shall provide to Congress a 

19 written certification that the United States Government 

20 has— 

21 (1) secured sole ownership of the .gov and .mil 

22 top-level domains; and 

23 (2) entered into a contract with the Internet 

24 Corporation for Assigned Names and Numbers that 

25 provides that the United States Government has exVerDate Sep 11 2014 22:57 Jun 10, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5418.IH H5418

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1 clusive control and use of those domains in per2 petuity. 

Æ 


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