,i #aacth ,,congress #ast ,session ,h4 ,r4 #hhi ,,in ,,the ,,house ,,of ,,representatives ,february #bh1 #bjac ,ms4 ,lofgren 7for herself1 ,ms4 ,eshoo1 ,ms4 ,matsui1 and ,mr4 ,honda7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on ,foreign ,affairs1 the ,judiciary1 and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 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 ,internet1 that mandate unique technology standards as a condition of market access and related measures1 and to promote online free expression and the free flow of information4 #a4 ,short title ,this ,act may be cited as the ,global ,free ,internet ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,a single1 open1 global ,internet is a vital tool for facilitating the free and secure flow of information and products without regard to distances or national boundaries4 7#b7 ,the goal of a single1 open1 global ,internet is best supported by policies that-- 7,a7 encourage utilization on a global basis of technology standards set by international standards-setting organizations1 including industry-led and other voluntary bodies1 and selected by the market2 7,b7 respect the security of information1 privacy1 and speech of ,internet users2 7,c7 promote investment in ,internet-related innovation2 7,d7 refrain from compelling ,internet service providers and other intermediaries to restrict the free flow of information on the ,internet2 and 7,e7 allow trade in ,internet-related goods1 services1 information1 and content4 7#c7 ,certain governments and international bodies are adopting or considering policies contrary to the goal of a free1 open ,internet1 including-- 7,a7 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 open1 global nature of the ,internet2 7,b7 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 operation2 7,c7 blocking1 filtering1 or otherwise restricting ,internet communications in a manner that discriminates against ,internet-based services and content originating in other countries2 7,d7 monitoring ,internet use and communications in a manner that restricts individual privacy and freedom2 and 7,e7 imposing market access requirements or liabilities that discriminate against or otherwise impede ,internet-related goods1 services and content from other countries4 7#d7 ,such actions threaten the interests of the ,united ,states by-- 7,a7 facilitating attempts by foreign governments to restrict or disrupt the free flow of information on the ,internet2 7,b7 promoting national ,internets in conflict with the underlying rationale and architecture of the ,internet as originally envisioned and constructed1 thereby compromising the ,internet's full functionality and promise2 7,c7 harming ,united ,states workers and businesses1 undermining a strong ,united ,states industrial base1 and putting foreign competitors at an advantage2 and 7,d7 putting at risk the utility of the ,internet as a tool of open communication1 assembly1 and commerce1 and the individuals who seek to use it for such purposes4 #c4 ,task force on the ,global ,internet 7a7 ,establishment 7#a7 ,in general ,there is established within the executive branch a ,task ,force on the ,global ,internet 7in this ,act referred to as the ,task ,force71 hosted by the ,department of ,commerce4 7#b7 ,chairperson ,the ,president shall select from among the members of the ,task ,force under subsection 7b77#a7 to serve as ,chairperson4 7b7 ,composition ,the ,task ,force shall consist of the following3 7#a7 ,four ,united ,states persons with substantial expertise in ,internet policy who are not employees or officers of ,federal1 ,state1 local1 or tribal governments and who-- 7,a7 are nominated by the public through a process managed by the ,department of ,commerce that solicits public recommendations through the ,internet and are appointed by the ,president1 acting through the ,president's ,council of ,advisors on ,science and ,technology2 and 7,b7 shall serve on the ,task ,force for renewable terms not to exceed #c years4 7#b7 ,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 to serve on the ,task ,force for renewable terms not to exceed #c years4 7#c7 ,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 to serve on the ,task ,force for renewable terms not to exceed #c years4 7#d7 ,the ,united ,states ,trade ,representative1 the ,secretary of ,homeland ,security1 the ,assistant ,secretary for ,communications and ,information of the ,national ,telecommunications and ,information ,administration1 the ,chair of the ,privacy and ,civil ,liberties ,oversight ,board1 the head of the ,internet ,corporation for ,assigned ,names and ,numbers1 and the heads of other ,federal departments and agencies as determined to be appropriate by the ,president1 acting through their respective designees4 7c7 ,staff of ,federal agencies ,upon request of the ,task ,force1 the head of any ,federal department or agency or other ,federal official described in subsection 7b77#d7 may detail1 with or without reimbursement1 any of the personnel or services of the relevant ,federal department or agency to the ,task ,force to assist it in carrying out its functions4 7d7 ,functions ,in addition to such other responsibilities the ,president may assign1 the ,task ,force shall-- 7#a7 develop and implement strategies in response to foreign and domestic government policies that-- 7,a7 unjustifiably or unreasonably burden or restrict international trade in ,internet-related goods1 services1 and content2 7,b7 mandate or otherwise preference ,internet-related technology standards and related measures2 7,c7 impede the free flow of information on the ,internet2 or 7,d7 otherwise threaten the open1 global nature of the ,internet1 the interests of ,internet users and the ,united ,states in ,internet-related international trade and discourse2 7#b7 consult and share timely information with civil society groups with expertise in ,internet policy2 7#c7 coordinate the activity of all ,federal departments and agencies as necessary to implement the strategies developed in accordance with paragraph 7#a72 7#d7 prepare a report and action plan in accordance with section #d2 7#e7 hold public hearings and solicit public comment through the ,federal ,register and the website for the ,task ,force as appropriate2 and 7#f7 appoint a ,task ,force member1 responsible for serving as a point of contact for correspondence and inquiries related to the activities of the ,task ,force4 #d4 ,report and action plan to the ,president and ,congress 7a7 ,in general ,not later than #ae months after the date of the enactment of this ,act1 and annually thereafter1 the ,task ,force shall transmit to the ,president and the appropriate congressional committees a report and action plan that-- 7#a7 identifies acts1 policies1 or practices of the ,united ,states1 foreign governments1 or international bodies1 and related measures that-- 7,a7 deny fair and equitable market access to or otherwise unjustifiably or unreasonably burden or restrict discourse or trade in ,internet-related goods1 services1 and content2 7,b7 mandate1 give preference to1 or promote ,internet-related technology standards that diverge from widely adopted international standards1 or otherwise lead to the adoption of discriminatory or trade-restrictive technology standards or conformity assessment procedures2 or 7,c7 otherwise threaten the interests of the ,united ,states in the technical operation1 security1 and free flow of global ,internet communications2 7#b7 estimates the trade-distorting impact or extent of suppression of free expression of measures identified under paragraph 7#a7 on ,united ,states commerce1 the interests of ,internet users1 and the functioning of the ,internet2 7#c7 designates which measures identified under paragraph 7#a7 are priority concerns2 7#d7 sets forth a strategy and actions to be taken by ,federal departments and agencies in response to measures identified under paragraph 7#a72 and 7#e7 provides information with respect to any action taken 7or the reasons if no action is taken7 in response to any such measures identified in prior years' reports1 including such actions as are required under section #e4 7b7 ,form of reports ,the reports and action plans required under subsection 7a7 may contain a classified annex if the ,task ,force determines that such is appropriate4 7c7 ,coordination and notice ,in preparing each annual report and action plan required under subsection 7a71 the ,task ,force shall-- 7#a7 seek public participation by-- 7,a7 publishing a notice in the ,federal ,register that includes instructions on how the public may submit comments on the report and plan2 7,b7 holding at least one public hearing2 and 7,c7 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 ,force2 7#b7 consult and coordinate with all relevant executive branch departments and agencies2 7#c7 consult and share timely information with civil society groups with expertise in ,internet policy2 and 7#d7 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 persons1 including information contained in reports submitted under section #aha7;b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbda7;b77 and petitions submitted under section #cjb of such ,act 7#ai ,u4,s4,c4 #bdab74 7d7 ,publication ,the ,task ,force shall publish in the ,federal ,register the report and action plan transmitted to ,congress under subsection 7a71 but shall omit information transmitted to ,congress under subsection 7b74 7e7 ,definition ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,ways and ,means1 the ,committee on the ,judiciary1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#b7 the ,committee on ,finance1 the ,committee on the ,judiciary1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 #e4 ,section #cja investigation and potential sanctions ,not later than #cj days after the transmission of each annual report and action plan required under section #d1 the ,united ,states ,trade ,representative shall1 in accordance with the requirements of sections #cja through #cjd of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaa through #bdad71 initiate an investigation1 make any determinations required1 and take any actions specified under such sections with respect to any acts1 policies1 or practices of a foreign government or international body that are identified in each such annual report and action plan as priority concerns1 including restrictions on sale in the ,united ,states of products developed and manufactured in countries implementing such acts1 policies1 or practices4 #f4 ,review and investigation by ,federal ,trade ,commission and ,department of ,justice 7a7 ,review and investigation ,the ,federal ,trade ,commission and the ,attorney ,general shall-- 7#a7 review each act1 policy1 or practice described in paragraph 7#a7 of section #d7;a7 that is contained in a report or an action plan transmitted under such section to ,congress2 and 7#b7 investigate whether such act1 policy1 or practice 7or any related action by a nongovernmental entity7 violates the antitrust laws of the ,united ,states4 7b7 ,definition ,for purposes of this section1 the term antitrust laws has the meaning given it in subsection 7a7 of the first section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab7;a771 except that such term includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent such section #e applies to unfair methods of competition4 #g4 ,report to ,president and ,congress on international trade agreements 7a7 ,report ,not later than #b years after the date of the enactment of this ,act1 the ,task ,force shall submit to the ,president and the appropriate congressional committees a report that-- 7#a7 assesses the sufficiency of existing multilateral and bilateral trade agreements in-- 7,a7 promoting international trade in ,internet-related goods1 services1 and content2 7,b7 encouraging the utilization on a global basis of technology standards set by international standard-setting organizations2 7,c7 protecting the security and functioning of the ,internet2 7,d7 facilitating the free flow of information on the ,internet2 and 7,e7 protecting the interests of ,internet users2 and 7#b7 recommends1 as appropriate1 modifications of existing agreements or the negotiation of new agreements to advance the objectives identified in paragraph 7#a74 7b7 ,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 7a77#a74 7c7 ,form of reports ,the report required under subsection 7a7 may contain a classified annex if the ,task ,force determines that such is appropriate4 7d7 ,coordination and notice ,in preparing each report required under subsection 7a71 the ,task ,force shall-- 7#a7 seek public participation by-- 7,a7 publishing a notice in the ,federal ,register that includes instructions on how the public may submit comments on the report and plan2 7,b7 holding at least one public hearing2 and 7,c7 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 ,force2 7#b7 consult and coordinate with all relevant ,federal departments and agencies2 7#c7 consult and share timely information with civil society groups with expertise in ,internet policy2 and 7#d7 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 persons1 including information contained in reports submitted under section #aha7;b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbda7;b77 and petitions submitted under section #cjb of such ,act 7#ai ,u4,s4,c4 #bdab74 7e7 ,publication ,the ,task ,force shall publish in the ,federal ,register the report transmitted to ,congress under subsection 7a71 but shall omit information transmitted to ,congress under subsection 7c74 7f7 ,definition ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,ways and ,means1 the ,committee on ,energy and ,commerce1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#b7 the ,committee on ,finance1 the ,committee on the ,judiciary1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 #h4 ,standards-related training ,the ,task ,force shall coordinate with intergovernmental1 national government1 and private sector entities1 including the ,national ,institute of ,standards and ,technology1 the ,patent and ,trademark ,office1 the ,trade and ,development ,agency1 the ,united ,states ,telecommunications ,training ,institute1 the ,united ,states ,agency for ,international ,development1 the ,federal ,trade ,commission1 and any other appropriate entities1 for the purpose of organizing training of foreign and domestic government officials and national standard-setting and conformity assessment bodies with respect to best practices1 including coordination with nongovernmental international and domestic standards bodies1 in accordance with the annual report and action plan required under section #d4 #i4 ,outside consultation ,the ,task ,force shall establish a regularized process to receive and respond to timely input from businesses1 organizations1 experts1 and other interested parties regarding the fulfillment of its functions4