What This Bill Does
This bill requires the U.S. Government to build and keep the ability to send internet service to foreign countries and within the United States during emergencies. It also directs the government to identify and fund tools that help people bypass internet censorship (the blocking of online information by governments).
Who It Affects
The Secretary of State, the Federal Emergency Management Agency, the Federal Communications Commission, the U.S. Agency for Global Media, the Federal Aviation Administration, the Secretary of Defense, the Department of Commerce, and U.S. companies that make censorship-blocking software.
Key Provisions
- The Secretary of State must work with multiple federal agencies to obtain and maintain the U.S. Government's ability to transmit internet service to foreign countries where it would help people escape repressive governments (Sec. 2(b)(1)).
- The Federal Emergency Management Agency must work with other agencies to obtain and maintain the U.S. Government's ability to transmit internet service within the United States during emergency-related network disruptions (Sec. 2(b)(2)).
- The Federal Communications Commission must identify internet censorship circumvention tools (software that lets people bypass government internet blocking) that can effectively counter large-scale censorship by foreign governments (Sec. 2(c)(1)).
- The Federal Communications Commission must rapidly provide funding to eligible U.S. companies when demand increases for censorship-blocking tools because of foreign government censorship activity (Sec. 2(c)(2)).
- The Federal Communications Commission and the U.S. Agency for Global Media must submit a report to Congress within 60 days describing current internet transmission capacity and what new resources are needed (Sec. 2(d)).
What Changes
If this becomes law, the federal government will be required to develop systems to provide internet service during emergencies at home and to help people in other countries access uncensored information. Federal agencies will also fund and identify tools that help people bypass government internet blocking.
Important Definitions
- "Eligible company" means a U.S. company that provides censorship-blocking tools capable of serving many users at once and can expand operations when foreign governments increase censorship (Sec. 2(a)(3)).
- "Internet censorship circumvention tool" means software or another tool that lets people bypass foreign government restrictions on internet access (Sec. 2(a)(4)).
II
118TH CONGRESS
1ST SESSION
S. 861
To require the United States Government to obtain and maintain the capacity
to transmit internet access service abroad and domestically in case of
emergency-related disruptions, and to strengthen support for circumven-
tion technologies that allow users to evade government-backed censorship.
IN THE SENATE OF THE UNITED STATES
MARCH 16, 2023
Mr. RUBIO (for himself, Mr. SCOTT of Florida, and Mr. HAGERTY) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
A BILL
To require the United States Government to obtain and
maintain the capacity to transmit internet access service
abroad and domestically in case of emergency-related
disruptions, and to strengthen support for circumvention
technologies that allow users to evade government-backed
censorship.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Against Ty-
4
rants by Restoring Internet Access and Yielding Vital
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•S 861 IS
Interconnectivity in Designated Areas Act of 2023’’ or the
1
‘‘PATRIA Y VIDA Act of 2023’’.
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SEC. 2. TRANSMISSION OF INTERNET ACCESS SERVICE;
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CIRCUMVENTION TECHNOLOGY.
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(a) DEFINITIONS.—In this section:
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(1) APPLICABLE OFFICIAL.—The term ‘‘appli-
6
cable official’’ means the Secretary of State or the
7
Administrator of the Federal Emergency Manage-
8
ment Agency.
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(2) COMMISSION.—The term ‘‘Commission’’
10
means the Federal Communications Commission.
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(3) ELIGIBLE
COMPANY.—The term ‘‘eligible
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company’’ means a United States company that—
13
(A)
provides
internet
censorship
cir-
14
cumvention tools that have a demonstrated ca-
15
pability to service significant numbers of simul-
16
taneous user sessions; and
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(B) has the capacity to scale up operations
18
in response to foreign internet censorship activ-
19
ity.
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(4) INTERNET
CENSORSHIP
CIRCUMVENTION
21
TOOL.—The term ‘‘internet censorship circumven-
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tion tool’’ means a software application or other tool
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that an individual can use to evade foreign govern-
24
ment restrictions on internet access.
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•S 861 IS
(b) CAPACITY TO TRANSMIT INTERNET.—
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(1) TRANSMISSION IN FOREIGN COUNTRIES.—
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The Secretary of State, in consultation with the As-
3
sistant Secretary of Commerce for Communications
4
and Information, the Commission, the Chief Execu-
5
tive Officer of the United States Agency for Global
6
Media, the Administrator of the Federal Emergency
7
Management Agency, the Administrator of the Fed-
8
eral Aviation Administration, and the Secretary of
9
Defense, shall obtain and maintain the capacity of
10
the United States Government to transmit internet
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access service to locations in foreign countries where
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the provision of additional internet access service
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would promote freedom from repressive regimes.
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(2) TRANSMISSION IN THE UNITED STATES.—
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The Administrator of the Federal Emergency Man-
16
agement Agency, in consultation with the Assistant
17
Secretary of Commerce for Communications and In-
18
formation, the Commission, and the Administrator
19
of the Federal Aviation Administration, shall obtain
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and maintain the capacity of the United States Gov-
21
ernment to transmit internet access service to loca-
22
tions in the United States in the case of emergency-
23
related network disruptions.
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•S 861 IS
(3) DUTIES
OF
CONSULTED
AGENCIES.—A
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Federal agency with which the applicable official
2
consults under paragraph (1) or (2) shall provide
3
any and all authorizations and support that the ap-
4
plicable official determines necessary to carry out
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internet restoration as provided in the applicable
6
paragraph.
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(4) CONSULTATION
WITH
OTHER
FEDERAL
8
AGENCIES.—The applicable official may consult with
9
other Federal agencies, in addition to the Federal
10
agencies described in paragraph (1) or (2), as the
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applicable official determines appropriate.
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(c) CIRCUMVENTION TECHNOLOGIES.—
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(1) IDENTIFICATION.—The Commission, in con-
14
sultation with the Secretary of State and each other
15
Federal agency described in subsection (b)(1), shall
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identify internet censorship circumvention tools that
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are designed to and can effectively counter large-
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scale internet censorship activity by foreign govern-
19
ments.
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(2) SURGE FUNDING.—The Commission, when
21
necessary due to increased demand for internet cen-
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sorship circumvention tools because of internet cen-
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sorship activity by a foreign government, shall rap-
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idly provide funding for eligible companies to provide
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•S 861 IS
internet censorship circumvention tools to individ-
1
uals in that country.
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(d) REPORT.—Not later than 60 days after the date
3
of enactment of this Act, the Commission and the Chief
4
Executive Officer of the United States Agency for Global
5
Media shall jointly submit to Congress a report that de-
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scribes—
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(1) as of the date of the report—
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(A) the capacity of the United States Gov-
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ernment to transmit internet access service—
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(i) in foreign countries to circumvent
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censorship; and
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(ii) in the United States in the case of
13
emergency-related
network
disruptions;
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and
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(B) the capacity of internet censorship cir-
16
cumvention tools that are available to be used
17
by individuals in foreign countries seeking to
18
counteract censors; and
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(2) any new resources needed to provide the
20
United States Government with more robust capac-
21
ity to—
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(A) transmit internet access service—
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(i) in foreign countries to circumvent
24
censorship; and
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•S 861 IS
(ii) in the United States in the case of
1
emergency-related
network
disruptions;
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and
3
(B) rapidly provide funding for companies
4
to provide internet censorship circumvention
5
tools to evade foreign government restrictions
6
on internet access.
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Æ
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