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) intro-
duced 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 provi-
sions 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 stand-
ards as a condition of market access and related meas-
ures, and to promote online free expression and the 
free flow of information. 
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 ‘‘Global Free Internet 
Act of 2013’’. 
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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 informa-
tion and products without regard to distances or na-
tional 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 in-
dustry-led and other voluntary bodies, and se-
lected by the market; 
(B) respect the security of information, 
privacy, and speech of Internet users; 
(C) promote investment in Internet-related 
innovation; 
(D) refrain from compelling Internet serv-
ice providers and other intermediaries to re-
strict the free flow of information on the Inter-
net; and 
(E) allow trade in Internet-related goods, 
services, information, and content. 
(3) Certain governments and international bod-
ies are adopting or considering policies contrary to 
the goal of a free, open Internet, including— 
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(A) mandating unique technology stand-
ards favoring domestic producers as a condition 
of market access or pursuing related policies re-
garding standard-setting that are discrimina-
tory and subvert the open, global nature of the 
Internet; 
(B) sponsoring or tolerating the use of 
Internet-related tools to gain unauthorized ac-
cess to public-sector and private-sector net-
works in the United States to disrupt their op-
eration; 
(C) blocking, filtering, or otherwise re-
stricting Internet communications in a manner 
that discriminates against Internet-based serv-
ices and content originating in other countries; 
(D) monitoring Internet use and commu-
nications in a manner that restricts individual 
privacy and freedom; and 
(E) imposing market access requirements 
or liabilities that discriminate against or other-
wise impede Internet-related goods, services and 
content from other countries. 
(4) Such actions threaten the interests of the 
United States by— 
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(A) facilitating attempts by foreign govern-
ments to restrict or disrupt the free flow of in-
formation on the Internet; 
(B) promoting ‘‘national Internets’’ in con-
flict with the underlying rationale and architec-
ture of the Internet as originally envisioned and 
constructed, thereby compromising the Inter-
net’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 Inter-
net 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)(1) to serve as Chairperson. 
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(b) COMPOSITION.—The Task Force shall consist of 
the following: 
(1) Four United States persons with substantial 
expertise in Internet policy who are not employees or 
officers of Federal, State, local, or tribal govern-
ments and who— 
(A) are nominated by the public through a 
process managed by the Department of Com-
merce that solicits public recommendations 
through the Internet and are appointed by the 
President, acting through the President’s Coun-
cil of Advisors on Science and Technology; and 
(B) shall serve on the Task Force for re-
newable terms not to exceed 3 years. 
(2) The leader of the majority party in the Sen-
ate and the leader of the minority party in the Sen-
ate shall each appoint one United States person with 
substantial expertise in Internet policy to serve on 
the Task Force for renewable terms not to exceed 3 
years. 
(3) The Speaker of the House of Representa-
tives and the leader of the minority party in the 
House of Representatives shall each appoint one 
United States person with substantial expertise in 
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Internet policy to serve on the Task Force for re-
newable 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 depart-
ment or agency to the Task Force to assist it in carrying 
out its functions. 
(d) FUNCTIONS.—In addition to such other respon-
sibilities the President may assign, the Task Force shall— 
(1) develop and implement strategies in re-
sponse to foreign and domestic government policies 
that— 
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(A) unjustifiably or unreasonably burden 
or restrict international trade in Internet-re-
lated goods, services, and content; 
(B) mandate or otherwise preference Inter-
net-related technology standards and related 
measures; 
(C) impede the free flow of information on 
the Internet; or 
(D) otherwise threaten the open, global na-
ture 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; 
(3) coordinate the activity of all Federal depart-
ments and agencies as necessary to implement the 
strategies developed in accordance with paragraph 
(1); 
(4) prepare a report and action plan in accord-
ance with section 4; 
(5) hold public hearings and solicit public com-
ment through the Federal Register and the website 
for the Task Force as appropriate; and 
(6) appoint a Task Force member, responsible 
for serving as a point of contact for correspondence 
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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 15 months after 
the date of the enactment of this Act, and annually there-
after, the Task Force shall transmit to the President and 
the appropriate congressional committees a report and ac-
tion 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 Inter-
net-related goods, services, and content; 
(B) mandate, give preference to, or pro-
mote 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, secu-
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rity, and free flow of global Internet commu-
nications; 
(2) estimates the trade-distorting impact or ex-
tent 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 ac-
tion 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 classi-
fied annex if the Task Force determines that such is ap-
propriate. 
(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— 
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(A) publishing a notice in the Federal Reg-
ister that includes instructions on how the pub-
lic 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 regard-
ing 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 ex-
ecutive branch departments and agencies; 
(3) consult and share timely information with 
civil society groups with expertise in Internet policy; 
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 inter-
ested persons, including information contained in re-
ports submitted under section 181(b) of the Trade 
Act of 1974 (19 U.S.C. 2241(b)) and petitions sub-
mitted under section 302 of such Act (19 U.S.C. 
2412). 
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(d) PUBLICATION.—The Task Force shall publish in 
the Federal Register the report and action plan trans-
mitted to Congress under subsection (a), but shall omit 
information transmitted to Congress under subsection (b). 
(e) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(1) the Committee on Ways and Means, the 
Committee on the Judiciary, and the Committee on 
Energy and Commerce of the House of Representa-
tives; and 
(2) the Committee on Finance, the Committee 
on the Judiciary, and the Committee on Commerce, 
Science, and Transportation of the Senate. 
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 accord-
ance 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 re-
quired, 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 con-
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cerns, including restrictions on sale in the United States 
of products developed and manufactured in countries im-
plementing 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 sub-
section (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 com-
petition. 
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SEC. 7. REPORT TO PRESIDENT AND CONGRESS ON INTER-
NATIONAL TRADE AGREEMENTS. 
(a) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Task Force shall submit 
to the President and the appropriate congressional com-
mittees a report that— 
(1) assesses the sufficiency of existing multilat-
eral and bilateral trade agreements in— 
(A) promoting international trade in Inter-
net-related goods, services, and content; 
(B) encouraging the utilization on a global 
basis of technology standards set by inter-
national 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 Con-
gress that the negotiating objectives of the United States 
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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 Reg-
ister that includes instructions on how the pub-
lic 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 regard-
ing 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 
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(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 inter-
ested persons, including information contained in re-
ports submitted under section 181(b) of the Trade 
Act of 1974 (19 U.S.C. 2241(b)) and petitions sub-
mitted under section 302 of such Act (19 U.S.C. 
2412). 
(e) PUBLICATION.—The Task Force shall publish in 
the Federal Register the report transmitted to Congress 
under subsection (a), but shall omit information trans-
mitted to Congress under subsection (c). 
(f) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(1) the Committee on Ways and Means, the 
Committee on Energy and Commerce, and the Com-
mittee on the Judiciary of the House of Representa-
tives; and 
(2) the Committee on Finance, the Committee 
on the Judiciary, and the Committee on Commerce, 
Science, and Transportation of the Senate. 
SEC. 8. STANDARDS-RELATED TRAINING. 
The Task Force shall coordinate with intergovern-
mental, national government, and private sector entities, 
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including the National Institute of Standards and Tech-
nology, the Patent and Trademark Office, the Trade and 
Development Agency, the United States Telecommuni-
cations Training Institute, the United States Agency for 
International Development, the Federal Trade Commis-
sion, and any other appropriate entities, for the purpose 
of organizing training of foreign and domestic government 
officials and national standard-setting and conformity as-
sessment bodies with respect to best practices, including 
coordination with nongovernmental international and do-
mestic standards bodies, in accordance with the annual re-
port 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 re-
garding the fulfillment of its functions. 
Æ 
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