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 do-
main 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair, Transparent, and 
Competitive Internet Naming Act of 2003’’.
SEC. 2. GAO STUDY OF ICANN AND DOMAIN NAME SYSTEM. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study regarding the business 
practices, procedures, accountability, and administration 
of the Internet Corporation for Assigned Names and 
Numbers (in this Act referred to as ‘‘ICANN’’), which 
shall include an examination and analysis of the following 
issues: 
(1) Whether ICANN, in acting as the exclusive 
operator of the Internet domain name system, has 
operated in accordance with the terms of the Memo-
randum of Understanding Between the U.S. Depart-
ment of Commerce and Internet Corporation for As-
signed Names and Numbers, entered into in 1998. 
(2) Whether the terms of the Memorandum of 
Understanding, as in effect on June 19, 2003, pro-
vide for adequate and appropriate oversight by the 
Federal Government of decisions made by ICANN 
and agreements entered into by ICANN with other 
non-government agencies. 
(3) Whether, taking into consideration the 
quasi-governmental status of ICANN, the interests 
of the public, the Federal Government, and individ-
uals and entities most directly affected by decisions 
of ICANN would be better served by a different
legal relationship between ICANN and the Govern-
ment, including—
(A) designation of ICANN as an advisory 
committee, for purposes of the Federal Advisory 
Committee Act (5 U.S.C. App.); 
(B) applicability of a set of standardized 
and specific procedures, similar to those appli-
cable to Federal agencies under the chapter 5 
of title 5, United States Code (commonly known 
as the Administrative Procedures Act), to the 
decision making processes of ICANN; and 
(C) treatment of ICANN as a Federal con-
tractor for purposes of the procedures and 
guidelines under Federal laws relating to Fed-
eral contracts and procurement. 
(4) Whether any decision by ICANN to approve 
the request of a private entity to manage and oper-
ate a Wait Listing Service for expired Internet do-
main names is consistent with the purpose and prin-
ciples of the Memorandum of Understanding, wheth-
er any such decision would have the effect of award-
ing a monopoly to such private entity, and the ef-
fects any such decision would have on existing Inter-
net domain name registrars and on other users of 
the Internet.
(5) Whether any such decision would be con-
sistent with the requirement under the Memo-
randum of Understanding for ICANN to abide by 
the principle of competition. 
(b) EXISTING REGISTRARS.—In conducting the study 
under this section, the Comptroller General shall provide 
existing Internet domain name registrars a fair oppor-
tunity to be heard on the issues studied, which shall in-
clude requesting such registrars to submit comments on 
the issues studied, and shall consult with a group of rep-
resentatives of such registrars selected to fairly represent 
the views of such registrars in analyzing the information 
collected during the study. 
(c) REPORT.—The Comptroller General shall submit 
a report to the Congress regarding the study conducted 
under this section, which shall include an analysis of, and 
recommendations regarding, each issue studied and a de-
scription of the views of existing Internet registrars re-
garding each such issue and recommendation. 
SEC. 3. MORATORIUM. 
During the period beginning upon June 19, 2003, 
and ending upon the expiration of the 30-day period that 
begins upon submission to the Congress of the report re-
quired under section 2(c)—
(1) the Secretary of Commerce may not take 
any action to alter the system and procedures for 
registration of Internet domain names from such 
system in effect on June 19, 2003, and any action 
taken during such period before the date of the en-
actment of this Act may not be given any effect dur-
ing the remainder of such period, and 
(2) any decision or determination to alter such 
system, including by providing for any entity to im-
plement a Wait Listing Service of domain name reg-
istration, and any authority granted to alter such 
system, shall not be effective during such period, re-
gardless of whether such decision or determination is 
made before or after the date of the enactment of 
this Act.
Æ