[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 491 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 491

 To prevent United States businesses from cooperating with repressive 
governments in transforming the Internet into a tool of censorship and 
   surveillance, to fulfill the responsibility of the United States 
Government to promote freedom of expression on the Internet, to restore 
public confidence in the integrity of United States businesses, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2013

   Mr. Smith of New Jersey introduced the following bill; which was 
 referred to the Committee on Foreign Affairs, and in addition to the 
Committees on Ways and Means and Financial Services, 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 prevent United States businesses from cooperating with repressive 
governments in transforming the Internet into a tool of censorship and 
   surveillance, to fulfill the responsibility of the United States 
Government to promote freedom of expression on the Internet, to restore 
public confidence in the integrity of United States businesses, 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 2013''.
    (b) Table of Contents.--The table of contents for 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. Annual designation of Internet-restricting countries; report.
Sec. 105. Report on trade-related issues or disputes due to government 
                            censorship or disruption of the Internet.
 TITLE II--CORPORATE TRANSPARENCY AND ACCOUNTABILITY TO PROTECT ONLINE 
                                FREEDOM

Sec. 201. Disclosure of human rights due diligence.
   TITLE III--EXPORT CONTROLS ON CERTAIN TELECOMMUNICATIONS EQUIPMENT

Sec. 301. Export controls on certain telecommunications equipment.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The political and economic benefits of the Internet are 
        important to advancing democracy and freedom throughout the 
        world, but the potential benefits of this transformative 
        technology are under attack by authoritarian governments.
            (2) A number of repressive foreign governments block, 
        restrict, otherwise control, and monitor the Internet, 
        effectively transforming the Internet into a tool of censorship 
        and surveillance.
            (3) A number of United States businesses have enabled 
        repressive regimes to compromise the security of Internet users 
        engaged in peaceful discussion of political, social, and 
        religious issues and severely limit their access to information 
        and communication channels by selling these governments or 
        their agents technology or training.
            (4) A number of United States businesses have provided 
        repressive governments with information about Internet users 
        who were the company's clients or were using the companies' 
        products, that has led to the arrest and imprisonment of the 
        Internet users.
            (5) The actions of a number of United States businesses in 
        cooperating with the efforts of repressive governments to 
        transform the Internet into a tool of censorship and 
        surveillance have caused Internet users in the United States 
        and in foreign countries to lose confidence in the integrity of 
        United States businesses.
            (6) Information and communication technology companies are 
        to be commended for cooperating with civil society 
        organizations, academics, and investors in founding the Global 
        Network Initiative, in order to provide direction and guidance 
        to the information and communication technology companies and 
        others in protecting the free expression and privacy of 
        Internet users. Human rights due diligence by companies makes a 
        difference.
            (7) The United States Government has a responsibility to 
        protect freedom of expression on the Internet, to prevent 
        United States businesses from directly and materially 
        cooperating in human rights abuses perpetrated by repressive 
        foreign governments, and to restore public confidence in the 
        integrity of United States business.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Finance of the Senate.
            (2) Foreign official.--The term ``foreign official'' 
        means--
                    (A) any officer or employee of a foreign government 
                or of any department; and
                    (B) any person acting in an official capacity for 
                or on behalf of, or acting under color of law with the 
                knowledge of, any such government or such department, 
                agency, state-owned enterprise, or instrumentality.
            (3) Internet.--The term ``Internet'' has the meaning given 
        the term in section 231(e)(3) of the Communications Act of 1934 
        (47 U.S.C. 231(e)(3)).
            (4) Internet-restricting country.--The term ``Internet-
        restricting country'' means a country designated by the 
        Secretary of State pursuant to section 104(a) of this Act.
            (5) Legitimate foreign law enforcement purpose.--
                    (A) In general.--The term ``legitimate foreign law 
                enforcement purpose'' means for the purpose 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 the jurisdiction of such 
                official.
                    (B) Rule of construction.--For purposes of this 
                Act, the control, suppression, or punishment of 
                peaceful expression of political, religious, or 
                ideological opinion or belief shall not be construed to 
                constitute a legitimate foreign law enforcement 
                purpose. Among expression that should be construed to 
                be protected against control, suppression, or 
                punishment when evaluating a foreign government's claim 
                of a legitimate foreign law enforcement purpose is 
                expression protected by article 19 of the International 
                Covenant on Civil and Political Rights.
                    (C) Rule of construction.--No provision under this 
                Act shall be construed to affect a country's ability to 
                adopt measures designed to combat infringement of 
                intellectual property.
            (6) 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 the 
                expression of political, religious, or ideological 
                opinion or belief, including by electronic mail; or
                    (B) persecuting, prosecuting, or otherwise 
                punishing an individual or group for posting or 
                transmitting peaceful political, religious, or 
                ideological opinion or belief via the Internet, 
                including by electronic mail.
            (7) 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; and
                    (B) any issuer of a security registered pursuant to 
                section 12 of the Securities Exchange Act of 1934 (15 
                U.S.C. 78l).

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 as a fundamental component of United States 
        foreign policy the right of every individual to freedom of 
        opinion and expression, including the right to hold opinions, 
        and to seek, receive, and impart information and ideas through 
        any media and regardless of frontiers, without interference;
            (2) to use all appropriate 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 
        without interference or discrimination, including through the 
        Internet and other electronic media; and
            (3) to deter any United States business 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 the Congress that--
            (1) the President should, through bilateral, and where 
        appropriate, multilateral activities, seek to obtain the 
        agreement of other countries to promote the goals and 
        objectives of this Act and to protect Internet freedom; and
            (2) to the extent possible in every country in which they 
        operate, United States businesses should work to--
                    (A) ensure access to the Web sites of the Voice of 
                America, Radio Free Europe/Radio Liberty, Radio Free 
                Asia, Al-Hurra, Radio Sawa, Radio Farda, Radio Marti, 
                TV Marti, 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, the annual Reports on International 
                Religious Freedom, and the annual Trafficking in Human 
                Persons Reports; and
                    (B) promote the security of Internet users and 
                expand their access to information and communication 
                channels by limiting censorship of protected political 
                and religious speech and information.

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 freedom of expression with respect to electronic 
information in each foreign country. Such assessment shall consist of 
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 or remove nonviolent expression of political or 
        religious opinion or belief via the Internet, including 
        electronic mail, as well as a description of the means by which 
        such authorities attempt to block or remove protected speech.
            ``(C) An assessment of the extent to which government 
        authorities in that country have persecuted, prosecuted, or 
        otherwise punished an individual or group for the nonviolent 
        expression of political, religious, or ideological opinion or 
        belief via the Internet, including electronic mail.
            ``(D) An assessment of the extent to which government 
        authorities in that country have sought to collect, request, 
        obtain, or disclose the personally identifiable information of 
        a person in connection with that person's nonviolent expression 
        of political, religious, or ideological opinion or belief, 
        including without limitation communication that would be 
        protected by the International Covenant on Civil and Political 
        Rights.
            ``(E) An assessment of the extent to which wire 
        communications and electronic communications are illicitly 
        monitored in that country.
    ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic mission personnel shall consult 
with human rights organizations, technology and Internet companies, and 
other appropriate nongovernmental organizations.
    ``(3) In this subsection--
            ``(A) the term `electronic communication' has the meaning 
        given the term in section 2510 of title 18, United States Code;
            ``(B) the term `Internet' has the meaning given the term in 
        section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 
        231(e)(3));
            ``(C) the term `personally identifiable information' means 
        data in a form that identifies a particular person; and
            ``(D) the term `wire communication' has the meaning given 
        the term in section 2510 of title 18, United States Code.''.
    (b) Report Relating to Security Assistance.--Section 502B of the 
Foreign Assistance Act of 1961 (22 15 U.S.C. 2304) is amended by adding 
at the end the following new subsection:
    ``(j)(1) The report required by subsection (b) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country. Such assessment shall consist of 
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 or remove nonviolent expression of political or 
        religious opinion or belief via the Internet, including 
        electronic mail, as well as a description of the means by which 
        such authorities attempt to block or remove protected speech.
            ``(C) An assessment of the extent to which government 
        authorities in that country have persecuted, prosecuted, or 
        otherwise punished an individual or group for the peaceful 
        expression of political, religious, or ideological opinion or 
        belief via the Internet, including electronic mail.
            ``(D) An assessment of the extent to which government 
        authorities in that country have sought to collect, request, 
        obtain, or disclose the personally identifiable information of 
        a person in connection with that person's communication of 
        ideas, facts, or views where such communication would be 
        protected by the International Covenant on Civil and Political 
        Rights.
            ``(E) An assessment of the extent to which wire 
        communications and electronic communications are illicitly 
        monitored in that country.
    ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic mission personnel shall consult 
with human rights organizations, technology and Internet companies, and 
other appropriate nongovernmental organizations.
    ``(3) In this subsection--
            ``(A) the term `electronic communication' has the meaning 
        given the term in section 2510 of title 18, United States Code;
            ``(B) the term `Internet' has the meaning given the term in 
        section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 
        231(e)(3));
            ``(C) the term `personally identifiable information' means 
        data in a form that identifies a particular person; and
            ``(D) the term `wire communication' has the meaning given 
        the term in section 2510 of title 18, United States Code.''.

SEC. 104. 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 
        Secretary of State 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 Secretary of State, after 
        consultation with the Secretary of Commerce, determines, based 
        on the review of the evidence that the government of the 
        country is directly or indirectly responsible for a systematic 
        pattern of substantial restrictions on Internet freedom during 
        any part of the preceding 1-year period.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of State 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 under 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 under subsection (a).
                    (C) A description of efforts by the United States 
                to counter the substantial restrictions on Internet 
                freedom referred to in subparagraph (B), including a 
                description and details of programs funded under any 
                other provision of law with the purpose of promoting 
                Internet freedom.
                    (D) A description of the evidence used by the 
                Secretary of State to make the determinations under 
                subsection (a)(2).
            (2) Form.--The information required by paragraph (1)(C) may 
        be provided in a classified form if necessary.
            (3) Public availability.--All unclassified portions of the 
        report shall be made publicly available on the Internet Web 
        site of the Department of State.

SEC. 105. REPORT ON TRADE-RELATED ISSUES OR DISPUTES DUE TO GOVERNMENT 
              CENSORSHIP OR DISRUPTION OF THE INTERNET.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the United States Trade Representative, in consultation 
with the Secretary of State and the Secretary of Commerce, shall 
transmit to the appropriate congressional committees a report on--
            (1) any trade-related issues or disputes that arise due to 
        government censorship or disruption of the Internet among 
        United States trade partners; and
            (2) efforts by the United States Government to address the 
        issues or disputes described in paragraph (1) either 
        bilaterally or multilaterally.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States should pursue trade policies that expand the information economy 
by--
            (1) ensuring the free flow of information across the entire 
        global network;
            (2) promoting stronger international transparency rules; 
        and
            (3) ensuring fair and equal treatment of online services 
        regardless of country of origin.

 TITLE II--CORPORATE TRANSPARENCY AND ACCOUNTABILITY TO PROTECT ONLINE 
                                FREEDOM

SEC. 201. DISCLOSURE OF HUMAN RIGHTS DUE DILIGENCE.

    (a) In General.--Section 13 of the Securities Exchange Act of 1934 
(15 U.S.C. 78m) is amended by adding at the end the following:
    ``(s) Disclosure of Human Rights Due Diligence.--
            ``(1) Disclosure.--Except as provided in paragraph (3), 
        each Internet communications service company that operates in 
        an Internet-restricting country shall include in the annual 
        report of the company information relating to the company, any 
        subsidiary of the company, and any entity under the control of 
        either of such companies, relating to the following:
                    ``(A) Human rights due diligence.--Company policies 
                applicable to the company's internal operations that 
                address human rights due diligence through a statement 
                of policy that is consistent with applicable provisions 
                of the Guidelines for Multinational Enterprises issued 
                by the Organization for Economic Co-operation and 
                Development, and whether such policy--
                            ``(i) is approved at the most senior level 
                        of the company;
                            ``(ii) explicitly states the company's 
                        expectations of personnel, business partners, 
                        and other parties under the control of the 
                        company, products, or services;
                            ``(iii) is publicly available and 
                        communicated internally and externally to all 
                        personnel, business partners, other relevant 
                        partners, customers, and users;
                            ``(iv) is reflected in operational policies 
                        and procedures necessary to embed it throughout 
                        the company; and
                            ``(v) is independently assessed by a third 
                        party to demonstrate compliance in practice, 
                        which should include--
                                    ``(I) whether the assessment was 
                                conducted under the supervision of any 
                                third party organization or multi-
                                stakeholder initiative;
                                    ``(II) a description of the 
                                assessment process;
                                    ``(III) a description of measures 
                                taken to ensure the assessor's 
                                independence; and
                                    ``(IV) inclusion of the assessor's 
                                public report.
                    ``(B) Non-compliance.--If the company's policy does 
                not comply with any of the requirements of clauses (i) 
                through (iv) of subparagraph (A), an explanation of why 
                the company's policy does not meet each such 
                requirement.
                    ``(C) Policies pertaining to disclosure of 
                personally identifiable information.--If the company 
                collects or obtains personally identifiable 
                information, the contents of wire communications or 
                electronic communications in electronic storage, or the 
                contents of wire communications or electronic 
                communications in a remote computing service on the 
                Internet, a summary of any internal policies or 
                procedures of the company that set out how the company 
                will assess and respond to requests by the governments 
                of Internet-restricting countries for disclosure of 
                such personally identifiable information or 
                communications.
                    ``(D) Restrictions on internet search engines and 
                internet content hosting services.--If the company 
                creates, provides, or hosts an Internet search engine 
                or an Internet content hosting service, all steps taken 
                to provide users and customers with clear, prominent, 
                and timely notice when access to specific content has 
                been removed or blocked at the request of an Internet-
                restricting country.
            ``(2) Availability of information.--The Commission shall 
        make all information reported by an issuer pursuant to this 
        subsection available online to the public.
            ``(3) Safe harbor.--
                    ``(A) In general.--An Internet communications 
                service company that operates in an Internet-
                restricting country shall not be required to include in 
                the annual report of the company information described 
                in paragraph (1) if the company includes in the annual 
                report of the company a certification of the Global 
                Network Initiative or a multi-stakeholder initiative 
                described in subparagraph (B) that the company 
                participates in good standing in the Global Network 
                Initiative or the multi-stakeholder initiative (as the 
                case may be).
                    ``(B) Multi-stakeholder initiative.--A multi-
                stakeholder initiative referred to in subparagraph (A) 
                is an initiative that--
                            ``(i) is composed of civil society 
                        organizations, including human rights 
                        organizations and Internet communications 
                        service companies;
                            ``(ii) promotes the rule of law and the 
                        adoption of laws, policies, and practices that 
                        protect, respect, and fulfill freedom of 
                        expression and privacy; and
                            ``(iii) requires each company participating 
                        in the initiative to undergo assessments by an 
                        independent third party described in 
                        subparagraph (C) of the company's compliance 
                        with the standards described in clause (ii).
                    ``(C) Independent third party.--An independent 
                third party referred to in subparagraph (B)(iii) is an 
                entity accredited by the multi-stakeholder initiative 
                to conduct assessments based on criteria that include--
                            ``(i) general expertise in legal and human 
                        rights standards; and
                            ``(ii) specific expertise in global 
                        business processes relating to information and 
                        communication technology, including operations, 
                        product development cycles, market segments and 
                        industry relationships, information technology 
                        privacy, safety, and security standards, data 
                        retention systems, and database forensics.
            ``(4) Definitions.--In this subsection:
                    ``(A) Electronic communication and other title 18 
                definitions.--The terms `electronic communication', 
                `electronic communication service', `electronic 
                storage', `wire communication', and `contents' have the 
                meanings given such terms in section 2510 of title 18, 
                United States Code.
                    ``(B) Internet.--The term `Internet' has the 
                meaning given the term in section 231(e)(3) of the 
                Communications Act of 1934 (47 U.S.C. 231(e)(3)).
                    ``(C) Internet communications service company.--The 
                term `Internet communications service company' means an 
                issuer that--
                            ``(i) is required to file an annual report 
                        with the Commission; and
                            ``(ii)(I) provides electronic communication 
                        services or remote computing services, but does 
                        not include--
                                    ``(aa) businesses that provide such 
                                services as an ancillary service to the 
                                provision of lodging, transportation, 
                                or food services; or
                                    ``(bb) activities conducted by a 
                                financial institution (as such term is 
                                defined in section 5312 of title 31, 
                                United States Code) that are financial 
                                in nature, even if such activities are 
                                conducted using the Internet; or
                            ``(II) is a domain name registrar, domain 
                        name registry, or other domain name 
                        registration authority.
                    ``(D) Internet content hosting service.--The term 
                `Internet content hosting service' means a service 
                that--
                            ``(i) stores, through electromagnetic or 
                        other means, electronic data, such as the 
                        content of Web pages, electronic mail, 
                        documents, images, audio and video files, 
                        online discussion boards, or Web logs; and
                            ``(ii) makes such data available via the 
                        Internet.
                    ``(E) Internet-restricting country.--The term 
                `Internet-restricting country' has the meaning given 
                such term under section 3 of the Global Online Freedom 
                Act of 2013.
                    ``(F) Internet search engine.--The term `Internet 
                search engine' means a service made available via the 
                Internet that, on the basis of a 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 link to or other means of 
                locating, viewing, or downloading information or data 
                available on the Internet relating to such query.
                    ``(G) Personally identifiable information.--The 
                term `personally identifiable information' means data 
                in a form that identifies a particular person.
                    ``(H) Remote computing service.--The term `remote 
                computing service' has the meaning given such term 
                under section 2711(2) of title 18, United States 
                Code.''.
    (b) Rulemaking.--Not later than the end of the 270-day period 
beginning on the date of the enactment of this Act, the Securities and 
Exchange Commission shall issue final rules to carry out section 13(s) 
of the Securities and Exchange Act of 1934, as added by subsection (a).

   TITLE III--EXPORT CONTROLS ON CERTAIN TELECOMMUNICATIONS EQUIPMENT

SEC. 301. EXPORT CONTROLS ON CERTAIN TELECOMMUNICATIONS EQUIPMENT.

    (a) In General.--Section 6 of the Export Administration Act of 1979 
(50 U.S.C. App. 2405), as continued in effect under the International 
Emergency Economic Powers Act, is amended by adding at the end the 
following:
    ``(t) Certain Telecommunications Equipment.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of State, the Secretary of Defense, and the heads of 
        other appropriate Federal departments and agencies, shall 
        establish and maintain, as part of the list maintained under 
        this section, a list of goods and technology that would serve 
        the primary purpose of assisting, or be specifically configured 
        to assist, a foreign government in acquiring the capability to 
        carry out censorship, surveillance, or any other similar or 
        related activity through means of telecommunications, including 
        the Internet, the prohibition or licensing of which would be 
        effective in barring acquisition or enhancement of such 
        capability.
            ``(2) Internet-restricting countries.--Notwithstanding any 
        other provision of law, the Secretary shall prohibit the export 
        of goods or technology on the list established under paragraph 
        (1) to a government end user in any Internet-restricting 
        country.
            ``(3) Waiver.--The President may waive the application of 
        paragraph (2) with respect to export of goods or technology on 
        the list established under paragraph (1) on a case-by-case 
        basis if the President determines and certifies to Congress 
        that it is in the national interests of the United States to do 
        so.
            ``(4) Definitions.--In this subsection--
                    ``(A) the term `Internet' has the meaning given the 
                term in section 231(e)(3) of the Communications Act of 
                1934 (47 U.S.C. 231(e)(3));
                    ``(B) the term `Internet-restricting country' means 
                a country designated by the Secretary of State pursuant 
                to section 104(a) of the Global Online Freedom Act of 
                2013;
                    ``(C) a `government end user' in a country--
                            ``(i) is an end user that is a government 
                        of that country, or of a political subdivision 
                        of that country, or is an agency or 
                        instrumentality of such a government; and
                            ``(ii) includes a telecommunications or 
                        Internet service provider that is wholly or 
                        partially owned by a government of that 
                        country; and
                    ``(D) an `agency or instrumentality' of a 
                government is an `agency or instrumentality of a 
                foreign state', as defined in section 1603 of title 28, 
                United States Code.''.
    (b) Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the President shall revise the 
        Export Administration Regulations and any other regulations 
        necessary to carry out the amendment made by subsection (a).
            (2) Export administration regulations.--In this subsection, 
        the term ``Export Administration Regulations'' means the Export 
        Administration Regulations as maintained and amended under the 
        authority of the International Emergency Economic Powers Act 
        and codified, as of the date of the enactment of this Act, in 
        subchapter C of chapter VII of title 15, Code of Federal 
        Regulations.
    (c) Effective Date.--Section 6(t) of the Export Administration Act 
of 1979, as added by subsection (a), shall take effect on the date of 
the enactment of this Act and shall apply with respect to the export of 
goods or technology on the list established under paragraph (1) of such 
section on or after 1 year after the date of the enactment of this Act.
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