I 

113TH CONGRESS 

1ST SESSION H. R. 889 

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 

FEBRUARY 28, 2013 

Ms. LOFGREN (for herself, Ms. ESHOO, Ms. MATSUI, and Mr. HONDA) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Global Free Internet 

5 Act of 2013’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) A single, open, global Internet is a vital tool 

4 for facilitating the free and secure flow of informa5 tion and products without regard to distances or na6 tional boundaries. 

7 (2) The goal of a single, open, global Internet 

8 is best supported by policies that— 

9 (A) encourage utilization on a global basis 

10 of technology standards set by international 

11 standards-setting organizations, including in12 dustry-led and other voluntary bodies, and se13 lected by the market; 

14 (B) respect the security of information, 

15 privacy, and speech of Internet users; 

16 (C) promote investment in Internet-related 

17 innovation; 

18 (D) refrain from compelling Internet serv19 ice providers and other intermediaries to re20 strict the free flow of information on the Inter21 net; and 

22 (E) allow trade in Internet-related goods, 

23 services, information, and content. 

24 (3) Certain governments and international bod25 ies are adopting or considering policies contrary to 

26 the goal of a free, open Internet, including— 


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1 (A) mandating unique technology stand2 ards favoring domestic producers as a condition 

3 of market access or pursuing related policies re4 garding standard-setting that are discrimina5 tory and subvert the open, global nature of the 

6 Internet; 

7 (B) sponsoring or tolerating the use of 

8 Internet-related tools to gain unauthorized ac9 cess to public-sector and private-sector net10 works in the United States to disrupt their op11 eration; 

12 (C) blocking, filtering, or otherwise re13 stricting Internet communications in a manner 

14 that discriminates against Internet-based serv15 ices and content originating in other countries; 

16 (D) monitoring Internet use and commu17 nications in a manner that restricts individual 

18 privacy and freedom; and 

19 (E) imposing market access requirements 

20 or liabilities that discriminate against or other21 wise impede Internet-related goods, services and 

22 content from other countries. 

23 (4) Such actions threaten the interests of the 

24 United States by— 


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1 (A) facilitating attempts by foreign govern2 ments to restrict or disrupt the free flow of in3 formation on the Internet; 

4 (B) promoting ‘‘national Internets’’ in con5 flict with the underlying rationale and architec6 ture of the Internet as originally envisioned and 

7 constructed, thereby compromising the Inter8 net’s full functionality and promise; 

9 (C) harming United States workers and 

10 businesses, undermining a strong United States 

11 industrial base, and putting foreign competitors 

12 at an advantage; and 

13 (D) putting at risk the utility of the Inter14 net as a tool of open communication, assembly, 

15 and commerce, and the individuals who seek to 

16 use it for such purposes. 

17 SEC. 3. TASK FORCE ON THE GLOBAL INTERNET. 

18 (a) ESTABLISHMENT.— 

19 (1) IN GENERAL.—There is established within 

20 the executive branch a Task Force on the Global 

21 Internet (in this Act referred to as the ‘‘Task 

22 Force’’), hosted by the Department of Commerce. 

23 (2) CHAIRPERSON.—The President shall select 

24 from among the members of the Task Force under 

25 subsection (b)(1) to serve as Chairperson. 


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1 (b) COMPOSITION.—The Task Force shall consist of 

2 the following: 

3 (1) Four United States persons with substantial 

4 expertise in Internet policy who are not employees or 

5 officers of Federal, State, local, or tribal govern6 ments and who— 

7 (A) are nominated by the public through a 

8 process managed by the Department of Com9 merce that solicits public recommendations 

10 through the Internet and are appointed by the 

11 President, acting through the President’s Coun12 cil of Advisors on Science and Technology; and 

13 (B) shall serve on the Task Force for re14 newable terms not to exceed 3 years. 

15 (2) The leader of the majority party in the Sen16 ate and the leader of the minority party in the Sen17 ate shall each appoint one United States person with 

18 substantial expertise in Internet policy to serve on 

19 the Task Force for renewable terms not to exceed 3 

20 years. 

21 (3) The Speaker of the House of Representa22 tives and the leader of the minority party in the 

23 House of Representatives shall each appoint one 

24 United States person with substantial expertise in 


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1 Internet policy to serve on the Task Force for re2 newable terms not to exceed 3 years. 

3 (4) The United States Trade Representative, 

4 the Secretary of Homeland Security, the Assistant 

5 Secretary for Communications and Information of 

6 the National Telecommunications and Information 

7 Administration, the Chair of the Privacy and Civil 

8 Liberties Oversight Board, the head of the Internet 

9 Corporation for Assigned Names and Numbers, and 

10 the heads of other Federal departments and agencies 

11 as determined to be appropriate by the President, 

12 acting through their respective designees. 

13 (c) STAFF OF FEDERAL AGENCIES.—Upon request 

14 of the Task Force, the head of any Federal department 

15 or agency or other Federal official described in subsection 

16 (b)(4) may detail, with or without reimbursement, any of 

17 the personnel or services of the relevant Federal depart18 ment or agency to the Task Force to assist it in carrying 

19 out its functions. 

20 (d) FUNCTIONS.—In addition to such other respon21 sibilities the President may assign, the Task Force shall— 

22 (1) develop and implement strategies in re23 sponse to foreign and domestic government policies 

24 that— 


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1 (A) unjustifiably or unreasonably burden 

2 or restrict international trade in Internet-re3 lated goods, services, and content; 

4 (B) mandate or otherwise preference Inter5 net-related technology standards and related 

6 measures; 

7 (C) impede the free flow of information on 

8 the Internet; or 

9 (D) otherwise threaten the open, global na10 ture of the Internet, the interests of Internet 

11 users and the United States in Internet-related 

12 international trade and discourse; 

13 (2) consult and share timely information with 

14 civil society groups with expertise in Internet policy; 

15 (3) coordinate the activity of all Federal depart16 ments and agencies as necessary to implement the 

17 strategies developed in accordance with paragraph 

18 (1); 

19 (4) prepare a report and action plan in accord20 ance with section 4; 

21 (5) hold public hearings and solicit public com22 ment through the Federal Register and the website 

23 for the Task Force as appropriate; and 

24 (6) appoint a Task Force member, responsible 

25 for serving as a point of contact for correspondence 


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1 and inquiries related to the activities of the Task 

2 Force. 

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

4 AND CONGRESS. 

5 (a) IN GENERAL.—Not later than 15 months after 

6 the date of the enactment of this Act, and annually there7 after, the Task Force shall transmit to the President and 

8 the appropriate congressional committees a report and ac9 tion plan that— 

10 (1) identifies acts, policies, or practices of the 

11 United States, foreign governments, or international 

12 bodies, and related measures that— 

13 (A) deny fair and equitable market access 

14 to or otherwise unjustifiably or unreasonably 

15 burden or restrict discourse or trade in Inter16 net-related goods, services, and content; 

17 (B) mandate, give preference to, or pro18 mote Internet-related technology standards that 

19 diverge from widely adopted international 

20 standards, or otherwise lead to the adoption of 

21 discriminatory or trade-restrictive technology 

22 standards or conformity assessment procedures; 

23 or 

24 (C) otherwise threaten the interests of the 

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1 rity, and free flow of global Internet commu2 nications; 

3 (2) estimates the trade-distorting impact or ex4 tent of suppression of free expression of measures 

5 identified under paragraph (1) on United States 

6 commerce, the interests of Internet users, and the 

7 functioning of the Internet; 

8 (3) designates which measures identified under 

9 paragraph (1) are priority concerns; 

10 (4) sets forth a strategy and actions to be taken 

11 by Federal departments and agencies in response to 

12 measures identified under paragraph (1); and 

13 (5) provides information with respect to any ac14 tion taken (or the reasons if no action is taken) in 

15 response to any such measures identified in prior 

16 years’ reports, including such actions as are required 

17 under section 5. 

18 (b) FORM OF REPORTS.—The reports and action 

19 plans required under subsection (a) may contain a classi20 fied annex if the Task Force determines that such is ap21 propriate. 

22 (c) COORDINATION AND NOTICE.—In preparing each 

23 annual report and action plan required under subsection 

24 (a), the Task Force shall— 

25 (1) seek public participation by— 


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1 (A) publishing a notice in the Federal Reg2 ister that includes instructions on how the pub3 lic may submit comments on the report and 

4 plan; 

5 (B) holding at least one public hearing; 

6 and 

7 (C) establishing a website for the Task 

8 Force that publishes timely information regard9 ing the Task Force’s activities and provides an 

10 opportunity for the public to submit comments 

11 to the Task Force; 

12 (2) consult and coordinate with all relevant ex13 ecutive branch departments and agencies; 

14 (3) consult and share timely information with 

15 civil society groups with expertise in Internet policy; 

16 and 

17 (4) take into account information from such 

18 sources as may be available to the United States 

19 Trade Representative and such information as may 

20 be submitted to the Trade Representative by inter21 ested persons, including information contained in re22 ports submitted under section 181(b) of the Trade 

23 Act of 1974 (19 U.S.C. 2241(b)) and petitions sub24 mitted under section 302 of such Act (19 U.S.C. 

25 2412). 


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1 (d) PUBLICATION.—The Task Force shall publish in 

2 the Federal Register the report and action plan trans3 mitted to Congress under subsection (a), but shall omit 

4 information transmitted to Congress under subsection (b). 

5 (e) DEFINITION.—In this section, the term ‘‘appro6 priate congressional committees’’ means— 

7 (1) the Committee on Ways and Means, the 

8 Committee on the Judiciary, and the Committee on 

9 Energy and Commerce of the House of Representa10 tives; and 

11 (2) the Committee on Finance, the Committee 

12 on the Judiciary, and the Committee on Commerce, 

13 Science, and Transportation of the Senate. 

14 SEC. 5. SECTION 301 INVESTIGATION AND POTENTIAL 

15 SANCTIONS. 

16 Not later than 30 days after the transmission of each 

17 annual report and action plan required under section 4, 

18 the United States Trade Representative shall, in accord19 ance with the requirements of sections 301 through 304 

20 of the Trade Act of 1974 (19 U.S.C. 2411 through 2414), 

21 initiate an investigation, make any determinations re22 quired, and take any actions specified under such sections 

23 with respect to any acts, policies, or practices of a foreign 

24 government or international body that are identified in 

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1 cerns, including restrictions on sale in the United States 

2 of products developed and manufactured in countries im3 plementing such acts, policies, or practices. 

4 SEC. 6. REVIEW AND INVESTIGATION BY FEDERAL TRADE 

5 COMMISSION AND DEPARTMENT OF JUSTICE. 

6 (a) REVIEW AND INVESTIGATION.—The Federal 

7 Trade Commission and the Attorney General shall— 

8 (1) review each act, policy, or practice described 

9 in paragraph (1) of section 4(a) that is contained in 

10 a report or an action plan transmitted under such 

11 section to Congress; and 

12 (2) investigate whether such act, policy, or 

13 practice (or any related action by a nongovernmental 

14 entity) violates the antitrust laws of the United 

15 States. 

16 (b) DEFINITION.—For purposes of this section, the 

17 term ‘‘antitrust laws’’ has the meaning given it in sub18 section (a) of the first section of the Clayton Act (15 

19 U.S.C. 12(a)), except that such term includes section 5 

20 of the Federal Trade Commission Act (15 U.S.C. 45) to 

21 the extent such section 5 applies to unfair methods of com22 petition. 


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1 SEC. 7. REPORT TO PRESIDENT AND CONGRESS ON INTER2 NATIONAL TRADE AGREEMENTS. 

3 (a) REPORT.—Not later than 2 years after the date 

4 of the enactment of this Act, the Task Force shall submit 

5 to the President and the appropriate congressional com6 mittees a report that— 

7 (1) assesses the sufficiency of existing multilat8 eral and bilateral trade agreements in— 

9 (A) promoting international trade in Inter10 net-related goods, services, and content; 

11 (B) encouraging the utilization on a global 

12 basis of technology standards set by inter13 national standard-setting organizations; 

14 (C) protecting the security and functioning 

15 of the Internet; 

16 (D) facilitating the free flow of information 

17 on the Internet; and 

18 (E) protecting the interests of Internet 

19 users; and 

20 (2) recommends, as appropriate, modifications 

21 of existing agreements or the negotiation of new 

22 agreements to advance the objectives identified in 

23 paragraph (1). 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that the negotiating objectives of the United States 


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1 for future bilateral and multilateral trade agreements 

2 should include the goals specified in subsection (a)(1). 

3 (c) FORM OF REPORTS.—The report required under 

4 subsection (a) may contain a classified annex if the Task 

5 Force determines that such is appropriate. 

6 (d) COORDINATION AND NOTICE.—In preparing each 

7 report required under subsection (a), the Task Force 

8 shall— 

9 (1) seek public participation by— 

10 (A) publishing a notice in the Federal Reg11 ister that includes instructions on how the pub12 lic may submit comments on the report and 

13 plan; 

14 (B) holding at least one public hearing; 

15 and 

16 (C) establishing a website for the Task 

17 Force that publishes timely information regard18 ing the Task Force’s activities and provides an 

19 opportunity for the public to submit comments 

20 to the Task Force; 

21 (2) consult and coordinate with all relevant 

22 Federal departments and agencies; 

23 (3) consult and share timely information with 

24 civil society groups with expertise in Internet policy; 

25 and 


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1 (4) take into account information from such 

2 sources as may be available to the United States 

3 Trade Representative and such information as may 

4 be submitted to the Trade Representative by inter5 ested persons, including information contained in re6 ports submitted under section 181(b) of the Trade 

7 Act of 1974 (19 U.S.C. 2241(b)) and petitions sub8 mitted under section 302 of such Act (19 U.S.C. 

9 2412). 

10 (e) PUBLICATION.—The Task Force shall publish in 

11 the Federal Register the report transmitted to Congress 

12 under subsection (a), but shall omit information trans13 mitted to Congress under subsection (c). 

14 (f) DEFINITION.—In this section, the term ‘‘appro15 priate congressional committees’’ means— 

16 (1) the Committee on Ways and Means, the 

17 Committee on Energy and Commerce, and the Com18 mittee on the Judiciary of the House of Representa19 tives; and 

20 (2) the Committee on Finance, the Committee 

21 on the Judiciary, and the Committee on Commerce, 

22 Science, and Transportation of the Senate. 

23 SEC. 8. STANDARDS-RELATED TRAINING. 

24 The Task Force shall coordinate with intergovern25 mental, national government, and private sector entities, 


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1 including the National Institute of Standards and Tech2 nology, the Patent and Trademark Office, the Trade and 

3 Development Agency, the United States Telecommuni4 cations Training Institute, the United States Agency for 

5 International Development, the Federal Trade Commis6 sion, and any other appropriate entities, for the purpose 

7 of organizing training of foreign and domestic government 

8 officials and national standard-setting and conformity as9 sessment bodies with respect to best practices, including 

10 coordination with nongovernmental international and do11 mestic standards bodies, in accordance with the annual re12 port and action plan required under section 4. 

13 SEC. 9. OUTSIDE CONSULTATION. 

14 The Task Force shall establish a regularized process 

15 to receive and respond to timely input from businesses, 

16 organizations, experts, and other interested parties re17 garding the fulfillment of its functions. 

Æ 


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