[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4780 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4780

  To promote freedom of expression on the Internet, to protect United 
    States businesses from coercion to participate in repression by 
       authoritarian foreign governments, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2006

Mr. Smith of New Jersey (for himself, Mr. Lantos, Mr. Wolf, Mr. Payne, 
 Mr. Rohrabacher, and Mr. Ryan of Ohio) introduced the following bill; 
which was referred to the Committee on International Relations, and in 
 addition to the Committee on 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 promote freedom of expression on the Internet, to protect United 
    States businesses from coercion to participate in repression by 
       authoritarian foreign governments, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Global Online 
Freedom Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Severability.
             TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM

Sec. 101. Statement of policy.
Sec. 102. Sense of Congress.
Sec. 103. Annual Country Reports on Human Rights Practices.
Sec. 104. Office of Global Internet Freedom.
Sec. 105. Annual designation of Internet-restricting countries; report.
        TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM

Sec. 201. Protection of search engines and content services.
Sec. 202. Integrity of search engines.
Sec. 203. Transparency regarding search engine filtering.
Sec. 204. Protection of United States-supported online content.
Sec. 205. Transparency regarding Internet censorship.
Sec. 206. Integrity of user identifying information.
Sec. 207. Penalties.
     TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES

Sec. 301. Establishment of export controls.
Sec. 302. Report.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Freedom of speech and freedom of the press are 
        fundamental human rights, and free use of the Internet is 
        protected in Article 19 of the Universal Declaration of Human 
        Rights, which guarantees freedom to ``receive and impart 
        information and ideas through any media regardless of 
        frontiers''.
            (2) The Internet has been a success because it quickly 
        provides information to its more than 972 million users 
        globally.
            (3) The growth of the Internet and other information 
        technologies can be a force for democratic change if the 
        information is not subject to political censorship.
            (4) The Internet has played a role in bringing 
        international attention to issues the discussion of which are 
        forbidden by authoritarian foreign governments, such as 
        attempts by the Government of the People's Republic of China to 
        suppress news of the severe acute respiratory syndrome (SARS) 
        outbreak in 2004.
            (5) The rapid provision of full and uncensored information 
        through the Internet has become a major industry of the United 
        States, and one of its major exports.
            (6) Political censorship of the Internet degrades the 
        quality of that service and ultimately threatens the integrity 
        and viability of the industry itself, both in the United States 
        and abroad.
            (7) Authoritarian foreign governments such as the 
        Governments of Belarus, Burma, the People's Republic of China, 
        Cuba, Iran, Libya, the Maldives, Nepal, North Korea, Saudi 
        Arabia, Syria, Tunisia, Turkmenistan, Uzbekistan, and Vietnam 
        block, restrict, and monitor the information their citizens try 
        to obtain.
            (8) Web sites that provide uncensored news and information, 
        such as the Web sites of the Voice of America and Radio Free 
        Asia, are routinely blocked in such countries.
            (9) In June 2003, the Government of the Socialist Republic 
        of Vietnam arrested, convicted of ``spying'', and sentenced to 
        13 years' imprisonment and 3 years' house arrest (later reduced 
        on appeal to 5 years' imprisonment and 6 years' house arrest) 
        Dr. Pham Hong Son after he translated an Internet article 
        titled ``What is Democracy'' from the Web site of the United 
        States Embassy in Vietnam.
            (10) According to the Department of State's Country Reports 
        on Human Rights Practices, the Government of Vietnam in 2004 
        tightened control of the Internet, requiring Internet agents, 
        such as cyber cafes, to register the personal information of 
        their customers and store records of Internet sites visited by 
        customers. The Vietnamese Government also monitored electronic 
        mail, searched for sensitive key words, and regulated Internet 
        content.
            (11) The Government of the People's Republic of China has 
        employed censorship of the Internet in violation of Article 35 
        of the Chinese Constitution, which guarantees freedom of 
        speech, freedom of the press, freedom of assembly, freedom of 
        association, freedom of procession, and freedom of 
        demonstration.
            (12) This censorship by the Chinese Government promotes, 
        perpetuates, and exacerbates a xenophobic--and at times 
        particularly anti-American--Chinese nationalism, the long-term 
        effect of which will be deleterious to United States efforts to 
        prevent the relationship between the United States and China 
        from becoming hostile.
            (13) Unchecked transfers of dual use technology have 
        already increased China's ability to successfully invade 
        Taiwan, and correspondingly diminished United States and 
        Taiwanese capacity to defend that democratic society, thereby 
        greatly increasing tension in East Asia.
            (14) Technology companies in the United States that operate 
        in countries controlled by authoritarian foreign governments 
        have a responsibility to comply with the principles of the 
        Universal Declaration of Human Rights.
            (15) Technology companies in the United States have 
        succumbed to pressure by authoritarian foreign governments to 
        provide such governments with information about Internet users 
        that has led to the arrest and imprisonment of cyber 
        dissidents, in violation of the corporate responsibility of 
        such companies to protect and uphold human rights.
            (16) Technology companies in the United States have 
        provided the technology and training to authoritarian foreign 
        governments to assist such governments in filtering and 
        blocking information that promotes democracy and freedom.
            (17) Technology companies in the United States have failed 
        to develop standards by which they can conduct business with 
        authoritarian foreign governments while protecting human rights 
        to freedom of speech and freedom of expression.
            (18) The United States supports the universal right to 
        freedom of speech and freedom of the press.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--Except as 
        otherwise provided in this Act, the term ``appropriate 
        congressional committees'' means--
                    (A) the Committee on International Relations of the 
                House of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) Foreign official.--
                    (A) In general.--The term ``foreign official'' 
                means--
                            (i) any officer or employee of a foreign 
                        government or any department, agency, state-
                        owned enterprise, or instrumentality thereof; 
                        or
                            (ii) any person acting in an official 
                        capacity for or on behalf of any such 
                        government or department, agency, state-owned 
                        enterprise, or instrumentality.
                    (B) State-owned enterprise.--For purposes of 
                subparagraph (A), the term ``state-owned enterprise'' 
                means a commercial entity in which a foreign government 
                owns, directly or indirectly, more than 50 percent of 
                the outstanding capital stock or other beneficial 
                interest in such commercial entity.
            (3) Internet.--The term ``Internet'' means the combination 
        of computer facilities, telecommunications facilities, 
        electromagnetic transmission media, and related equipment and 
        software, comprising the interconnected worldwide network of 
        computer networks that employ the Transmission Control 
        Protocol/Internet Protocol or any successor protocol to 
        transmit information.
            (4) Internet content hosting service.--The terms ``Internet 
        content hosting service'' and ``content hosting service'' mean 
        a service that--
                    (A) stores, through electromagnetic or other means, 
                electronic data, including the content of web pages, 
                electronic mail, documents, images, audio and video 
                files, online discussion boards, and weblogs; and
                    (B) makes such data available via the Internet.
            (5) Internet jamming.--The term ``Internet jamming'' means 
        jamming, censoring, blocking, monitoring, or restricting access 
        to the Internet, or to content made available via the Internet, 
        by using technologies such as firewalls, filters, and ``black 
        boxes''.
            (6) Internet-restricting country.--The term ``Internet-
        restricting country'' means a country designated by the 
        President pursuant to section 105(a) of this Act.
            (7) Internet search engine.--The term ``Internet search 
        engine'' or ``search engine'' means a service made available 
        via the Internet that, on the basis of query consisting of 
        terms, concepts, questions, or other data input by a user, 
        searches information available on the Internet and returns to 
        the user a means, such as a hyperlinked list of Uniform 
        Resource Identifiers, of locating, viewing, or downloading 
        information or data available on the Internet relating to that 
        query.
            (8) Legitimate foreign law enforcement purposes.--
                    (A) In general.--The term ``legitimate foreign law 
                enforcement purposes'' means for purposes of 
                enforcement, investigation, or prosecution by a foreign 
                official based on a publicly promulgated law of 
                reasonable specificity that proximately relates to the 
                protection or promotion of the health, safety, or 
                morals of the citizens of that jurisdiction.
                    (B) Rule of construction.--For purposes of this 
                Act, the control, suppression, or punishment of 
                peaceful expression of political or religious opinion, 
                which is protected by Article 19 of the International 
                Covenant on Civil and Political Rights, does not 
                constitute a legitimate foreign law enforcement 
                purpose.
            (9) Protected filter terms.--The term ``protected filter 
        terms'' means the words, terms, and phrases identified by the 
        Office of Global Internet Freedom pursuant to section 104(b)(4) 
        of this Act.
            (10) Substantial restrictions on internet freedom.--The 
        term ``substantial restrictions on Internet freedom'' means 
        actions that restrict or punish the free availability of 
        information via the Internet for reasons other than legitimate 
        foreign law enforcement purposes, including--
                    (A) deliberately blocking, filtering, or censoring 
                information available via the Internet based on its 
                peaceful political or religious content; or
                    (B) persecuting, prosecuting, or otherwise 
                punishing an individual or group for posting or 
                transmitting peaceful political or religious opinions 
                via the Internet, including by electronic mail.
            (11) United states business.--The term ``United States 
        business'' means--
                    (A) any corporation, partnership, association, 
                joint-stock company, business trust, unincorporated 
                organization, or sole proprietorship that--
                            (i) has its principal place of business in 
                        the United States; or
                            (ii) is organized under the laws of a State 
                        of the United States or a territory, 
                        possession, or commonwealth of the United 
                        States;
                    (B) any issuer of a security registered pursuant to 
                section 12 of the Securities Exchange Act of 1934 (15 
                U.S.C. 78l); and
                    (C) any foreign subsidiary of an entity described 
                in subparagraph (A) or (B) to the extent such entity--
                            (i) controls the voting shares or other 
                        equities of the foreign subsidiary; or
                            (ii) authorizes, directs, controls, or 
                        participates in acts carried out by the foreign 
                        subsidiary that are prohibited by this Act.
            (12) United states-supported content.--The term ``United 
        States-supported content'' means content that is created or 
        developed, in whole or in part, by a United States-supported 
        information entity.
            (13) United states-supported information entity.--The term 
        ``United States-supported information entity'' means--
                    (A) any authority of the Government of the United 
                States; and
                    (B) any entity that--
                            (i) receives grants from the Broadcasting 
                        Board of Governors to carry out international 
                        broadcasting activities in accordance with the 
                        United States International Broadcasting Act of 
                        1994 (title III of Public Law 103-236; 22 
                        U.S.C. 6201 et seq.);
                            (ii) in coordination with the International 
                        Broadcasting Bureau, carries out all 
                        nonmilitary international broadcasting 
                        activities supported by the Government of the 
                        United States in accordance with such Act 
                        (other than the international broadcasting 
                        activities supported by the Broadcasting Board 
                        of Governors as specified in such Act); or
                            (iii) receives grants or other similar 
                        funding from the Government of the United 
                        States to carry out any information 
                        dissemination activities.
            (14) United states-supported website.--The term ``United 
        States-supported website'' means a location on the World Wide 
        Web that is owned or managed by, or is registered to, a United 
        States-supported information entity.

SEC. 4. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of this 
Act, and the application of such provision to other persons not 
similarly situated or to other circumstances, shall not be affected by 
such invalidation.

             TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM

SEC. 101. STATEMENT OF POLICY.

    It shall be the policy of the United States--
            (1) to promote the ability of all to access and contribute 
        information, ideas, and knowledge via the Internet and to 
        advance the right to receive and impart information and ideas 
        through any media and regardless of frontiers as a fundamental 
        component of United States foreign policy;
            (2) to use all instruments of United States influence, 
        including diplomacy, trade policy, and export controls, to 
        support, promote, and strengthen principles, practices, and 
        values that promote the free flow of information; and
            (3) to prohibit any United States businesses from 
        cooperating with officials of Internet-restricting countries in 
        effecting the political censorship of online content.

SEC. 102. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the President should commence negotiations in 
        appropriate international fora, including the Organization of 
        Economic Cooperation and Development (OECD), the World Trade 
        Organization (WTO), the United Nations World Summit on the 
        Information Society (WSIS), and the Internet Governance Forum 
        (IGF), to obtain the agreement of other countries to enact 
        legislation similar to this Act and to pursue the development 
        of international agreements protecting Internet freedom; and
            (2) to the extent that a United States business empowers or 
        assists an authoritarian foreign government in its efforts to 
        restrict online access to the Web sites of Radio Free Asia, the 
        Voice of America, or other United States-supported Web sites 
        and online access to United States Government reports such as 
        the Annual Country Reports on Human Rights Practices and the 
        International Religious Freedom Report, that business is 
        working contrary to the foreign policy interests of the United 
        States, and is undercutting United States taxpayer-funded 
        efforts to promote freedom of information for all people, 
        including those in undemocratic and repressive societies.

SEC. 103. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    (a) Report Relating to Economic Assistance.--Section 116 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding 
at the end the following new subsection:
    ``(g)(1) The report required by subsection (d) shall include an 
assessment of the freedom of electronic information in each foreign 
country. Such assessment shall include the following:
            ``(A) An assessment of the general extent to which Internet 
        access is available to and used by citizens in that country.
            ``(B) An assessment of the extent to which government 
        authorities in that country attempt to filter, censor, or 
        otherwise block Internet content, as well as a description of 
        the means by which they attempt to block such content.
            ``(C) A description of known instances in which government 
        authorities in that country have persecuted, prosecuted, or 
        otherwise punished a person or group for the peaceful 
        expression of political, religious, or dissenting views via the 
        Internet, including electronic mail.
    ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic mission personnel shall consult 
with human rights organizations and other appropriate nongovernmental 
organizations.''.
    (b) Report Relating to Security Assistance.--Section 502B of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at 
the end the following new subsection:
    ``(i)(1) The report required by subsection (b) shall include an 
assessment of the freedom of electronic information in each foreign 
country. Such assessment shall include the following:
            ``(A) An assessment of the general extent to which Internet 
        access is available to and used by citizens in that country.
            ``(B) An assessment of the extent to which government 
        authorities in that country attempt to filter, censor, or 
        otherwise block Internet content, as well as a description of 
        the means by which they attempt to block such content.
            ``(C) A description of known instances in which government 
        authorities in that country have persecuted, prosecuted, or 
        otherwise punished a person or group for the peaceful 
        expression of political, religious, or dissenting views via the 
        Internet, including electronic mail.
    ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic mission personnel shall consult 
with human rights organizations and other appropriate nongovernmental 
organizations.''.

SEC. 104. OFFICE OF GLOBAL INTERNET FREEDOM.

    (a) Establishment.--There is established in the Department of State 
the Office of Global Internet Freedom (in this section referred to as 
the ``Office'').
    (b) Duties.--In addition to such other responsibilities as the 
President may assign, the Office shall--
            (1) serve as the focal point for interagency efforts to 
        protect and promote freedom of electronic information abroad;
            (2) develop and implement a global strategy to combat 
        state-sponsored and state-directed Internet jamming by 
        authoritarian foreign governments, and the intimidation and 
        persecution by such governments of their citizens who use the 
        Internet;
            (3) provide assistance to the President in connection with 
        the annual designation of Internet-restricting countries 
        required by section 105(a) of this Act;
            (4) beginning not later than 180 days after the date of the 
        enactment of this Act--
                    (A) identify key words, terms, and phrases relating 
                to human rights, democracy, religious free exercise, 
                and peaceful political dissent, both in general and as 
                specifically related to the particular context and 
                circumstances of each Internet-restricting country, for 
                purposes of compliance by United States businesses with 
                the requirements of section 202 of this Act; and
                    (B) maintain, update, and make publicly available 
                on a regular basis the key words, terms, and phrases 
                identified pursuant to subparagraph (A);
            (5) establish mechanisms by which United States businesses 
        can transmit to the Office the information required to be 
        reported by sections 203 and 205 of this Act;
            (6) work with appropriate technology companies involved in 
        providing, maintaining, or servicing the Internet, human rights 
        organizations, academic experts, and others to develop a 
        voluntary code of minimum corporate standards related to 
        Internet freedom; and
            (7) advise the appropriate congressional committees of 
        legislative action that may be necessary to keep the provisions 
        of this Act and the amendments made by this Act relevant to 
        changing technologies.
    (c) Cooperation of Other Federal Departments and Agencies.--Each 
department and agency of the Government of the United States, including 
the Department of Commerce, the Office of the United States Trade 
Representative, the Department of Justice, the International 
Broadcasting Bureau, and the Office of the Director of National 
Intelligence, shall--
            (1) cooperate fully with, and assist in the implementation 
        of, the duties of the Office described in subsection (b), 
        including the strategy developed by the Office pursuant to 
        paragraph (2) of subsection (b); and
            (2) make such resources and information available to the 
        Office as is necessary to achieve the purposes of this Act and 
        the amendments made by this Act.
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on International Relations and the 
        Committee on Energy and Commerce of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Commerce, Science, and Transportation of the Senate.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office to carry out this section such sums as may 
be necessary for fiscal year 2007 and each subsequent fiscal year.

SEC. 105. ANNUAL DESIGNATION OF INTERNET-RESTRICTING COUNTRIES; REPORT.

    (a) Designation.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall designate Internet-restricting countries for 
        purposes of this Act.
            (2) Standard.--A foreign country shall be designated as an 
        Internet-restricting country if the President determines that 
        the government of the country is directly or indirectly 
        responsible for a systematic pattern of substantial 
        restrictions on Internet freedom during the preceding one-year 
        period.
            (3) Initial designees.--
                    (A) In general.--Each of the countries specified in 
                subparagraph (B) shall be deemed to be designated as an 
                Internet-restricting country pursuant to paragraph (1) 
                beginning on the date of the enactment of this Act and 
                ending on the date on which the President certifies to 
                the appropriate congressional committees that the 
                country involved is no longer directly or indirectly 
                responsible for a systematic pattern of substantial 
                restrictions on Internet freedom.
                    (B) Countries.--The countries referred to in 
                subparagraph (A) are Burma, the People's Republic of 
                China, Iran, North Korea, Tunisia, Uzbekistan, and 
                Vietnam.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall transmit to the appropriate congressional 
        committees a report that contains the following:
                    (A) The name of each foreign country that at the 
                time of the transmission of the report is designated as 
                an Internet-restricting country pursuant to subsection 
                (a).
                    (B) An identification of each government agency and 
                quasi-government organization responsible for the 
                substantial restrictions on Internet freedom in each 
                foreign country designated as an Internet-restricting 
                country pursuant to subsection (a).
                    (C) A description of efforts by the United States 
                to counter the substantial restrictions on Internet 
                freedom referred to in subparagraph (B).
            (2) Form.--The information required by paragraph (1)(C) of 
        the report may be provided in a classified form if necessary.
            (3) Internet availability.--All unclassified portions of 
        the report shall be made publicly available on the Internet Web 
        site of the Department of State.

        TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM

SEC. 201. PROTECTION OF SEARCH ENGINES AND CONTENT SERVICES.

    Any United States business that creates, provides, or hosts any 
Internet search engine or maintains an Internet content hosting service 
may not locate, within a designated Internet-restricting country, any 
computer hardware used to house, store, serve, or maintain files or 
other data involved in providing such search engine or content hosting 
service.

SEC. 202. INTEGRITY OF SEARCH ENGINES.

    Any United States business that creates, provides, or hosts any 
Internet search engine may not alter the operation of such search 
engine with respect to protected filter terms either--
            (1) at the request of, or by reason of any other direct or 
        indirect communication by, of a foreign official of an 
        Internet-restricting country; or
            (2) in a manner intended or likely to produce different 
        search engine results for users accessing the search engine 
        from within an Internet-restricting country as compared to 
        users elsewhere.

SEC. 203. TRANSPARENCY REGARDING SEARCH ENGINE FILTERING.

    Any United States business that creates, provides, or hosts an 
Internet search engine shall provide the Office of Global Internet 
Freedom, in a format and with a frequency to be specified by the 
Office, with all terms and parameters submitted, entered, or otherwise 
provided by any foreign official of an Internet-restricting country, 
that are used to filter, limit, or otherwise affect the results 
provided by the search engine when used by other users.

SEC. 204. PROTECTION OF UNITED STATES-SUPPORTED ONLINE CONTENT.

    A United States business that maintains an Internet content hosting 
service may not conduct Internet jamming of a United States-supported 
website or United States-supported content in an Internet restricting 
country.

SEC. 205. TRANSPARENCY REGARDING INTERNET CENSORSHIP.

    Any United States business that maintains an Internet content 
hosting service shall provide the Office of Global Internet Freedom, in 
a format and with a frequency to be specified by the Office, with 
copies of all data and content that such business has, at the request 
of, or by reason of any other direct or indirect communication by, any 
foreign official of an Internet-restricting country--
            (1) removed from the content hosting service of such 
        business;
            (2) blocked from availability on the Internet; or
            (3) blocked from transmission via the Internet into or 
        within an Internet-restricting country.

SEC. 206. INTEGRITY OF USER IDENTIFYING INFORMATION.

    (a) User Protection.--Any United States business that maintains an 
Internet content hosting service may not provide to any foreign 
official of an Internet-restricting country information that personally 
identifies a particular user of such content hosting service, except 
for legitimate foreign law enforcement purposes as determined by the 
Department of Justice.
    (b) Private Right of Action.--Any person aggrieved by a violation 
of this section may bring an action for damages, including punitive 
damages, or other appropriate relief in the appropriate district court 
of the United States, without regard to the amount in controversy, and 
without regard to the citizenship of the parties.

SEC. 207. PENALTIES.

    (a) Civil Penalties.--(1) Any United States business or United 
States person that violates section 206(a) shall be fined not more than 
$2,000,000.
    (2) Any United States business or United States person that 
violates sections 201, 202, 203, 204 or 205 shall be subject to a civil 
penalty of not more than $10,000 imposed in an action brought by the 
Attorney General.
    (b) Criminal Penalties.--(1) Any United States business that 
willfully violates, or willfully attempts to violate section 206(a) 
shall be fined not more than $2,000,000, or if a natural person who is 
an officer, director, employee, or agent of a United States business, 
or stockholder acting on behalf of such United States business, shall 
be fined not more than $100,000, or imprisoned not more than 5 years, 
or both.
    (2) Any United States business that willfully violates, or 
willfully attempts to violate section 201, 202, 203, 204 or 205 of this 
Act shall be fined not more than $10,000, or if a natural person who is 
an officer, director, employee, or agent of a United States business, 
or stockholder acting on behalf of such United States business, shall 
be fined not more than $10,000, or imprisoned not more than 1 year, or 
both.
    (3) Whenever a fine is imposed under paragraph (2) upon any 
officer, director, employee, agent, or stockholder of a United States 
business, such fine may not be paid, directly or indirectly, by such 
United States business.

     TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES

SEC. 301. ESTABLISHMENT OF EXPORT CONTROLS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State, in consultation with the Secretary of Commerce, 
shall promulgate regulations to ensure the establishment of appropriate 
foreign policy control and export license requirements before any 
person subject to the jurisdiction of the United States may knowingly 
export any item subject to sections 730 through 774 of title 15, Code 
of Federal Regulations (commonly known as the ``Export Administration 
Regulations'') to an end user in an Internet-restricting country for 
the purpose, in whole or in part, of facilitating Internet censorship.

SEC. 302. REPORT.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of State, in consultation with the Secretary of 
Commerce, shall submit to the appropriate congressional committees a 
report describing the actions taken to implement the requirements of 
section 301 of this Act.
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