IV 
114TH CONGRESS 
2D SESSION 
H. RES. 853 
Authorizing the Speaker of the House of Representatives to initiate or inter-
vene 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 re-
ferred 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 Ad-
ministration with respect to Internet domain name sys-
tem functions. 
Whereas Lawrence E. Strickling, the Assistant Secretary of 
Commerce for Communications and Information and Ad-
ministrator of the National Telecommunications and In-
formation Administration (NTIA), announced on August 
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•HRES 853 IH 
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 expendi-
tures for evaluating ICANN’s proposed reforms, in viola-
tion 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 au-
thorization 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 se-
rious constitutional concerns regarding the separation of 
powers and the rule of law: Now, therefore, be it 
Resolved, 
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•HRES 853 IH 
SECTION 1. AUTHORIZATION OF CIVIL ACTION REGARDING 
COMPLIANCE OF EXECUTIVE BRANCH WITH 
LAW PROHIBITING RELINQUISHMENT OF RE-
SPONSIBILITY OF NATIONAL TELECOMMUNI-
CATIONS AND INFORMATION ADMINISTRA-
TION WITH RESPECT TO INTERNET DOMAIN 
NAME SYSTEM FUNCTIONS. 
The Speaker of the House of Representatives is au-
thorized 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 Representa-
tives of any decision to initiate or intervene in any civil 
action pursuant to this resolution. 
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•HRES 853 IH 
SEC. 3. PROCESS FOR CIVIL ACTION. 
(a) REPRESENTATION BY GENERAL COUNSEL.—The 
Office of the General Counsel of the House of Representa-
tives, 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 pur-
pose. 
(b) STATEMENT OF COSTS OF OUTSIDE COUNSEL 
AND EXPERTS.—Not later than 30 days after the expira-
tion 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 aggre-
gate amounts expended by the Office of General Counsel 
on outside counsel and other experts pursuant to sub-
section (a) during that quarter. 
Æ 
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