[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5694 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5694
To combat trade barriers that threaten the maintenance of a single,
open, global Internet, that mandate unique technology standards as a
condition of market access and related measures, and to promote the
free flow of information.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2010
Ms. Zoe Lofgren of California (for herself, Mr. Neal of Massachusetts,
Mr. Goodlatte, Mr. George Miller of California, Mr. McCaul, Mr. Gordon
of Tennessee, Mr. Becerra, Mr. Thompson of California, Mr. Blumenauer,
and Ms. Eshoo) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Foreign Affairs and the Judiciary, 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
_______________________________________________________________________
A BILL
To combat trade barriers that threaten the maintenance of a single,
open, global Internet, that mandate unique technology standards as a
condition of market access and related measures, and to promote the
free flow of information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One Global Internet Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A single, open, global Internet is a vital tool for
facilitating the free and secure flow of information and
products without regard to distances or national boundaries.
(2) The goal of a single, open, global Internet is best
supported by policies that--
(A) encourage utilization on a global basis of
technology standards set by international standards-
setting organizations, including industry-led and other
voluntary bodies, and selected by the market;
(B) respect the security of information and privacy
of Internet users;
(C) respect the rights of intellectual property
owners and users and promote investment in Internet-
related innovation;
(D) refrain from compelling Internet service
providers and other intermediaries to restrict the free
flow of information on the Internet; and
(E) allow trade in Internet-related goods,
services, information, and content, in accordance with
international trade agreements.
(3) Certain governments are adopting policies contrary to
the goal of a single open, global Internet, including--
(A) mandating unique technology standards favoring
domestic producers as a condition of market access or
pursuing related policies regarding standard-setting
that are discriminatory and subvert the open, global
nature of the Internet;
(B) requiring that companies forfeit their
intellectual property in Internet-related technologies
as a condition of market access for commercial and
civilian uses or government procurement;
(C) sponsoring or tolerating the use of Internet-
related tools to gain unauthorized access to public-
sector and private-sector networks in the United States
to disrupt their operation or for the purpose of
misappropriation or infringement of intellectual
property;
(D) blocking, filtering, or otherwise restricting
Internet communications in a manner that discriminates
against Internet-based services and content originating
in other countries; and
(E) imposing market access requirements or
liabilities that discriminate against or otherwise
impede Internet-related goods, services and content
from other countries.
(4) Such actions threaten the interests of the United
States by--
(A) facilitating attempts by foreign governments to
restrict or disrupt the free flow of information on the
Internet;
(B) promoting ``national Internets'' in conflict
with the underlying rationale and architecture of the
Internet as originally envisioned and constructed,
thereby compromising the Internet's full functionality
and promise;
(C) harming United States workers and businesses,
undermining a strong United States industrial base, and
putting foreign competitors at an advantage; and
(D) putting at risk the utility of the Internet as
a tool of open communication, assembly, and commerce,
and the individuals who seek to use it for such
purposes.
SEC. 3. TASK FORCE ON THE GLOBAL INTERNET.
(a) Establishment.--
(1) In general.--There is established within the executive
branch a Task Force on the Global Internet (in this Act
referred to as the ``Task Force'').
(2) Chairperson.--The President shall select from among the
members of the Task Force under subsection (b) an individual to
serve as Chairperson.
(b) Composition.--The Task Force shall consist of the United States
Trade Representative, the Secretary of State, the Chief Technology
Officer, the Secretary of Commerce, the Assistant Secretary for
Communications and Information of the National Telecommunications and
Information Administration, the Secretary of Defense, the Attorney
General, the Director of the National Institute of Standards and
Technology, the White House Cybersecurity Coordinator, and the heads of
other executive branch departments and agencies, as appropriate, acting
through their respective designees. The head of any such department or
agency may detail such personnel and may furnish such services, with or
without reimbursement, as the Task Force may request to assist in
carrying out its functions.
(c) Functions.--In addition to such other responsibilities the
President may assign, the Task Force shall--
(1) develop and implement strategies in response to foreign
government policies that unjustifiably or unreasonably burden
or restrict international trade in Internet-related goods,
services, and content, mandate or otherwise preference
Internet-related technology standards and related measures,
impede the free flow of information on the Internet, or
otherwise threaten the interests of the United States in
Internet-related international trade and the open, global
nature of the Internet;
(2) coordinate the activity of all executive branch
departments and agencies as necessary to implement the
strategies developed in accordance with paragraph (1); and
(3) prepare a report and action plan in accordance with
section 4.
SEC. 4. REPORT AND ACTION PLAN TO CONGRESS.
(a) In General.--Not later than six months after the date of the
enactment of this Act and annually thereafter, the Task Force shall
transmit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report and
action plan that--
(1) identifies acts, policies, or practices of a foreign
government and related measures that--
(A) deny fair and equitable market access to or
otherwise unjustifiably or unreasonably burden or
restrict trade in Internet-related goods, services, and
content;
(B) mandate, give preference to, or promote
Internet-related technology standards that diverge from
widely adopted international standards, or otherwise
lead to the adoption of discriminatory or trade-
restrictive technology standards or conformity
assessment procedures;
(C) require the forfeiture of intellectual property
of Internet-related technologies as a condition for
market access; or
(D) otherwise threaten the interests of the United
States in the technical operation, security, and free
flow of global Internet communications;
(2) estimates the trade-distorting impact of measures
identified under paragraph (1) on United States commerce and
the functioning of the Internet;
(3) designates which measures identified under paragraph
(1) are priority concerns;
(4) sets forth a strategy and actions to be taken by
executive branch departments and agencies in response to
measures identified under paragraph (1); and
(5) provides information with respect to any action taken
(or the reasons if no action is taken) in response to any such
measures identified in prior years' reports, including such
actions as are required under section 5.
(b) Form of Reports.--The reports and action plans required under
subsection (a) may contain a classified annex if the Task Force
determines that such is appropriate.
(c) Coordination and Notice.--In preparing each annual report and
action plan required under subsection (a), the Task Force shall--
(1) seek public participation by publishing notice in the
Federal Register and holding a public hearing;
(2) consult and coordinate with all relevant executive
branch departments and agencies; and
(3) take into account information from such sources as may
be available to the United States Trade Representative and such
information as may be submitted to the Trade Representative by
interested persons, including information contained in reports
submitted under section 181 of the Trade Act of 1974 (19 U.S.C.
2241 (b)) and petitions submitted under section 302 of such Act
(19 U.S.C. 2412).
(d) Publication.--The Task Force shall publish in the Federal
Register the report and action plan transmitted to Congress under
subsection (a), but shall omit information transmitted to Congress
under subsection (b).
SEC. 5. SECTION 301 INVESTIGATION AND POTENTIAL SANCTIONS.
Not later than 30 days after the transmission of each annual report
and action plan required under section 4, the United States Trade
Representative shall, in accordance with the requirements of sections
301-304 of the Trade Act of 1974 (19 U.S.C. 2411-2414), initiate an
investigation, make any determinations required, and take any actions
specified under such sections with respect to any acts, policies, or
practices of a foreign government that are identified in each such
annual report and action plan as priority concerns, including
restrictions on sale in the United States of products developed and
manufactured in countries implementing such acts, policies, or
practices.
SEC. 6. REVIEW AND INVESTIGATION BY FEDERAL TRADE COMMISSION AND
DEPARTMENT OF JUSTICE.
(a) Review and Investigation.--The Federal Trade Commission and the
Attorney General shall--
(1) review each act, policy, or practice described in
paragraph (1) of section 4(a) that is contained in a report or
an action plan transmitted under such section to Congress; and
(2) investigate whether such act, policy, or practice (or
any related action by a nongovernmental entity) violates any of
the antitrust laws.
(b) Definition.--For purposes of this section, the term ``antitrust
laws'' has the meaning given it in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12(a)), except that such term includes
section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of competition.
SEC. 7. REPORT TO CONGRESS ON INTERNATIONAL TRADE AGREEMENTS.
(a) Report.--Not later than two years after the date of the
enactment of this Act, the Task Force shall submit to Congress a report
that--
(1) assesses the sufficiency of existing multilateral and
bilateral trade agreements in--
(A) promoting international trade in Internet-
related goods, services, and content;
(B) encouraging the utilization on a global basis
of technology standards set by international standard-
setting organizations;
(C) protecting the security and functioning of the
Internet; and
(D) facilitating the free flow of information on
the Internet; and
(2) recommends, as appropriate, modifications of existing
agreements or the negotiation of new agreements to advance the
objectives identified in paragraph (1).
(b) Sense of Congress.--It is the sense of Congress that the
negotiating objectives of the United States for future bilateral and
multilateral trade agreements should include the goals specified in
subsection (a)(1).
SEC. 8. STANDARDS-RELATED TRAINING.
The Task Force shall coordinate with intergovernmental, national
government, and private sector entities, including the National
Institute of Standards and Technology, the Patent and Trademark Office,
the Trade and Development Agency, the United States Telecommunications
Training Institute, the Department of Justice, the Federal Trade
Commission, and any other appropriate entities, for the purpose of
organizing training of foreign government officials and national
standard-setting and conformity assessment bodies with respect to best
practices, including coordination with nongovernmental international
standards bodies, in accordance with the annual report and action plan
required under Section 4.
SEC. 9. OUTSIDE CONSULTATION.
The Task Force shall establish a regularized process to receive
timely input from businesses, organizations, experts, and other
interested parties regarding the fulfillment of its functions.
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