[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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