[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6530 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6530

   To combat trade barriers that threaten the maintenance of an open 
 Internet, that mandate unique technology standards as a condition of 
    market access and related measures, and to promote online free 
              expression and the free flow of information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2012

Ms. Zoe Lofgren of California introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
Committees on Foreign Affairs, the Judiciary, and Energy and Commerce, 
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 an open 
 Internet, that mandate unique technology standards as a condition of 
    market access and related measures, and to promote online free 
              expression and 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 ``Global Free Internet Act of 2012''.

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) 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.
            (3) Certain governments and international bodies are 
        adopting or considering policies contrary to the goal of a 
        free, open 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) 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;
                    (C) blocking, filtering, or otherwise restricting 
                Internet communications in a manner that discriminates 
                against Internet-based services and content originating 
                in other countries;
                    (D) monitoring Internet use and communications in a 
                manner that restricts individual privacy and freedom; 
                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''), hosted by the Department of 
        Commerce.
            (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 following:
            (1) Four United States persons with substantial expertise 
        in Internet policy and civil liberties who are not employees or 
        officers of Federal, State, local, or tribal governments and 
        who--
                    (A) are nominated by the public through a process 
                that solicits public recommendations through the 
                Internet and are appointed by the President, acting 
                through the President's Council of Advisors on Science 
                and Technology; and
                    (B) shall serve on the Task Force for renewable 
                terms not to exceed 3 years.
            (2) The leader of the majority party in the Senate and the 
        leader of the minority party in the Senate shall each appoint 
        one United States person with substantial expertise in Internet 
        policy and civil liberties to serve on the Task Force for 
        renewable terms not to exceed 3 years.
            (3) The Speaker of the House of Representatives and the 
        leader of the minority party in the House of Representatives 
        shall each appoint one United States person with substantial 
        expertise in Internet policy and civil liberties to serve on 
        the Task Force for renewable terms not to exceed 3 years.
            (4) The United States Trade Representative, the Secretary 
        of Homeland Security, the Assistant Secretary for 
        Communications and Information of the National 
        Telecommunications and Information Administration, the Chair of 
        the Privacy and Civil Liberties Oversight Board, the head of 
        the Internet Corporation for Assigned Names and Numbers, and 
        the heads of other Federal departments and agencies as 
        determined to be appropriate by the President, acting through 
        their respective designees.
    (c) Staff of Federal Agencies.--Upon request of the Task Force, the 
head of any Federal department or agency or other Federal official 
described in subsection (b)(4) may detail, with or without 
reimbursement, any of the personnel or services of the relevant Federal 
department or agency to the Task Force to assist it in carrying out its 
functions.
    (d) Functions.--In addition to such other responsibilities the 
President may assign, the Task Force shall--
            (1) develop and implement strategies in response to foreign 
        and domestic government policies that--
                    (A) unjustifiably or unreasonably burden or 
                restrict international trade in Internet-related goods, 
                services, and content;
                    (B) mandate or otherwise preference Internet-
                related technology standards and related measures;
                    (C) impede the free flow of information on the 
                Internet; or
                    (D) otherwise threaten the open, global nature of 
                the Internet, the interests of Internet users and the 
                United States in Internet-related international trade 
                and discourse;
            (2) consult and share timely information with civil society 
        groups with expertise in Internet policy and civil liberties;
            (3) coordinate the activity of all Federal departments and 
        agencies as necessary to implement the strategies developed in 
        accordance with paragraph (1);
            (4) prepare a report and action plan in accordance with 
        section 4;
            (5) hold public hearings and solicit public comment through 
        the Federal Register and the website for the Task Force as 
        appropriate; and
            (6) appoint a civilian Task Force member, responsible for 
        leading the Task Force and serving as a point of contact for 
        correspondence and inquiries related to the activities of the 
        Task Force.

SEC. 4. REPORT AND ACTION PLAN TO THE PRESIDENT AND CONGRESS.

    (a) In General.--Not later than 9 months after the date of the 
enactment of this Act, and annually thereafter, the Task Force shall 
transmit to the President, the Committee on Ways and Means of the House 
of Representatives, the Committee on the Judiciary of the House of 
Representatives, the Committee on Finance of the Senate, and the 
Committee on the Judiciary of the Senate a report and action plan 
that--
            (1) identifies acts, policies, or practices of the United 
        States, foreign governments, or international bodies, and 
        related measures that--
                    (A) deny fair and equitable market access to or 
                otherwise unjustifiably or unreasonably burden or 
                restrict discourse or 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; or
                    (C) 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 or extent of 
        suppression of free expression of measures identified under 
        paragraph (1) on United States commerce, the interests of 
        Internet users, 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 
        Federal 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--
                    (A) publishing a notice in the Federal Register 
                that includes instructions on how the public may submit 
                comments on the report and plan;
                    (B) holding at least one public hearing; and
                    (C) establishing a website for the Task Force that 
                publishes timely information regarding the Task Force's 
                activities and provides an opportunity for the public 
                to submit comments to the Task Force;
            (2) consult and coordinate with all relevant executive 
        branch departments and agencies;
            (3) consult and share timely information with civil society 
        groups with expertise in Internet policy and civil liberties; 
        and
            (4) 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(b) 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 through 304 of the Trade Act of 1974 (19 U.S.C. 2411 through 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 or international body 
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 the 
        antitrust laws of the United States.
    (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 2 years after the date of the enactment 
of this Act, the Task Force shall submit to Congress and the President 
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;
                    (D) facilitating the free flow of information on 
                the Internet; and
                    (E) protecting the interests of Internet users; 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).
    (c) Form of Reports.--The report required under subsection (a) may 
contain a classified annex if the Task Force determines that such is 
appropriate.
    (d) Coordination and Notice.--In preparing each report required 
under subsection (a), the Task Force shall--
            (1) seek public participation by--
                    (A) publishing a notice in the Federal Register 
                that includes instructions on how the public may submit 
                comments on the report and plan;
                    (B) holding at least one public hearing; and
                    (C) establishing a website for the Task Force that 
                publishes timely information regarding the Task Force's 
                activities and provides an opportunity for the public 
                to submit comments to the Task Force;
            (2) consult and coordinate with all relevant Federal 
        departments and agencies;
            (3) consult and share timely information with civil society 
        groups with expertise in Internet policy and civil liberties; 
        and
            (4) 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(b) 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).
    (e) 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. 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 and domestic government officials and 
national standard-setting and conformity assessment bodies with respect 
to best practices, including coordination with nongovernmental 
international and domestic 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 and 
respond to timely input from businesses, organizations, experts, and 
other interested parties regarding the fulfillment of its functions.
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