Open Technology Fund Authorization Act

I 116TH CONGRESS 2D SESSION H. R. 6621 To amend the United States International Broadcasting Act of 1994 to authorize the Open Technology Fund of the United States Agency for Global Media, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 24, 2020 Mr. MCCAUL (for himself, Mr. ENGEL, Mr. CURTIS, and Mr. MALINOWSKI) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the United States International Broadcasting Act of 1994 to authorize the Open Technology Fund of the United States Agency for Global Media, and for other purposes. 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. 3 This Act may be cited as the ‘‘Open Technology Fund 4 Authorization Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6621 IH (1) The political, economic, and social benefits 1 of the internet are important to advancing democ- 2 racy and freedom throughout the world. 3 (2) Authoritarian governments are investing bil- 4 lions of dollars each year to create, maintain, and 5 expand repressive internet censorship and surveil- 6 lance systems to limit free association, control access 7 to information, and prevent citizens from exercising 8 their rights to free speech. 9 (3) Over two-thirds of the world’s population 10 lives in a country where the internet is restricted, 11 and governments shut down the internet over 200 12 times each year. 13 (4) Internet censorship and surveillance tech- 14 nology is being exported rapidly around the world, 15 particularly by the Chinese Government, enabling 16 widespread abuses by authoritarian governments. 17 SEC. 3. SENSE OF CONGRESS. 18 It is the sense of Congress that it is in the interest 19 of the United States to promote global internet freedom 20 by countering internet censorship and repressive surveil- 21 lance and protect the internet as a platform for the free 22 exchange of ideas, promotion of human rights and democ- 23 racy, and advancement of a free press and to support ef- 24 forts that prevent the deliberate misuse of the internet to 25 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6621 IH repress individuals from exercising their rights to free 1 speech and association, including countering the use of 2 such technologies by authoritarian regimes. 3 SEC. 4. ESTABLISHMENT OF THE OPEN TECHNOLOGY 4 FUND. 5 (a) IN GENERAL.—The United States International 6 Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is 7 amended by inserting after section 309 the following new 8 section: 9 ‘‘SEC. 309A. OPEN TECHNOLOGY FUND. 10 ‘‘(a) AUTHORITY.— 11 ‘‘(1) IN GENERAL.—Grants authorized under 12 section 305 shall be available to make annual grants 13 for the purpose of promoting, consistent with United 14 States law, unrestricted access to uncensored 15 sources of information via the internet to enable 16 journalists, including journalists employed by or af- 17 filiated with the Voice of America, Radio Free Eu- 18 rope/Radio Liberty, Radio Free Asia, the Middle 19 East Broadcasting Networks, the Office of Cuba 20 Broadcasting, or any entity funded by or partnering 21 with the United States Agency for Global Media, to 22 create and disseminate, and for their audiences to 23 receive, news and information consistent with the 24 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6621 IH purposes, standards, and principles specified in sec- 1 tions 302 and 303. 2 ‘‘(2) ESTABLISHMENT.—There is established a 3 grantee entity to be known as the ‘Open Technology 4 Fund’, which shall carry out the provisions of this 5 section. 6 ‘‘(b) FUNCTIONS OF THE GRANTEE.—In furtherance 7 of the mission set forth in subsection (a), the Open Tech- 8 nology Fund shall seek to advance freedom of the press 9 and unrestricted access to the internet in repressive envi- 10 ronments oversees, and shall— 11 ‘‘(1) research, develop, implement, and main- 12 tain— 13 ‘‘(A) technologies that circumvent tech- 14 niques used by authoritarian governments, 15 nonstate actors, and others to block or censor 16 access to the internet, including circumvention 17 tools that bypass internet blocking, filtering, 18 and other censorship techniques used to limit or 19 block legitimate access to content and informa- 20 tion; and 21 ‘‘(B) secure communication tools and other 22 forms of privacy and security technology that 23 facilitate the creation and distribution of news 24 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 6621 IH and enable audiences to access media content 1 on censored websites; 2 ‘‘(2) advance internet freedom by supporting 3 private and public sector research, development, im- 4 plementation, and maintenance of technologies that 5 provide secure and uncensored access to the internet 6 to counter attempts by authoritarian governments, 7 nonstate actors, and others to improperly restrict 8 freedom online; 9 ‘‘(3) research and analyze emerging technical 10 threats and develop innovative solutions through col- 11 laboration with the private and public sectors to 12 maintain the technological advantage of the United 13 States Government over authoritarian governments, 14 nonstate actors, and others; 15 ‘‘(4) develop, acquire, and distribute requisite 16 internet freedom technologies and techniques for the 17 United States Agency for Global Media, including as 18 set forth in paragraph (1), and digital security inter- 19 ventions, to fully enable the creation and distribution 20 of digital content between and to all users and re- 21 gional audiences; 22 ‘‘(5) prioritize programs for countries the gov- 23 ernments of which restrict freedom of expression on 24 the internet, and that are important to the national 25 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 6621 IH interest of the United States, and are consistent 1 with section 7050(b)(2)(C) of the Further Consoli- 2 dated Appropriations Act, 2020 (Public Law 116– 3 94); and 4 ‘‘(6) carry out any other effort consistent with 5 the purposes of this Act or press freedom overseas 6 if requested or approved by the United States Agen- 7 cy for Global Media. 8 ‘‘(c) METHODOLOGY.—In carrying out subsection 9 (b), the Open Technology Fund shall— 10 ‘‘(1) support fully open-source tools, code, and 11 components, to the extent practicable, to ensure 12 such supported tools and technologies are as secure, 13 transparent, and accessible as possible, and require 14 that any such tools, components, code, or technology 15 supported by the Open Technology Fund remain 16 fully open-source, to the extent practicable; 17 ‘‘(2) support technologies that undergo com- 18 prehensive security audits to ensure that such tech- 19 nologies are secure and have not been compromised 20 in a manner detrimental to the interest of the 21 United States or to individuals and organizations 22 benefitting from programs supported by the Open 23 Technology Fund; 24 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 6621 IH ‘‘(3) review and update periodically as nec- 1 essary security auditing procedures used by the 2 Open Technology Fund to reflect current industry 3 security standards; 4 ‘‘(4) establish safeguards to mitigate the use of 5 such supported technologies for illicit purposes; 6 ‘‘(5) solicit project proposals through an open, 7 transparent, and competitive application process to 8 attract innovative applications and reduce barriers to 9 entry; 10 ‘‘(6) seek input from technical, regional, and 11 subject matter experts from a wide range of relevant 12 disciplines, to review, provide feedback, and evaluate 13 proposals to ensure the most competitive projects 14 are funded; 15 ‘‘(7) implement an independent review process, 16 through which proposals are reviewed by such ex- 17 perts to ensure the highest degree of technical re- 18 view and due diligence; 19 ‘‘(8) maximize cooperation with the public and 20 private sectors, as well as foreign allies and partner 21 countries, to maximize efficiencies and eliminate du- 22 plication of efforts; and 23 ‘‘(9) utilize any other methodology approved by 24 the United States Agency for Global Media in fur- 25 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 6621 IH therance of the mission of the Open Technology 1 Fund. 2 ‘‘(d) GRANT AGREEMENT.—Any grant agreement 3 with or grants made to the Open Technology Fund under 4 this section shall be subject to the following limitations 5 and restrictions: 6 ‘‘(1) The headquarters of the Open Technology 7 Fund and its senior administrative and managerial 8 staff shall be located in a location which ensures 9 economy, operational effectiveness, and account- 10 ability to the United States Agency for Global 11 Media. 12 ‘‘(2) Grants awarded under this section shall be 13 made pursuant to a grant agreement which requires 14 that grant funds be used only for activities con- 15 sistent with this section, and that failure to comply 16 with such requirements shall permit the grant to be 17 terminated without fiscal obligation to the United 18 States. 19 ‘‘(3) Any grant agreement under this section 20 shall require that any contract entered into by the 21 Open Technology Fund shall specify that all obliga- 22 tions are assumed by the grantee and not by the 23 United States Government. 24 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 6621 IH ‘‘(4) Any grant agreement under this section 1 shall require that any lease agreements entered into 2 by the Open Technology Fund shall be, to the max- 3 imum extent possible, assignable to the United 4 States Government. 5 ‘‘(5) Administrative and managerial costs for 6 operation of the Open Technology Fund should be 7 kept to a minimum and, to the maximum extent fea- 8 sible, should not exceed the costs that would have 9 been incurred if the Open Technology Fund had 10 been operated as a Federal entity rather than as a 11 grantee. 12 ‘‘(6) Grant funds may not be used for any ac- 13 tivity the purpose of which is influencing the passage 14 or defeat of legislation considered by Congress. 15 ‘‘(e) RELATIONSHIP TO THE UNITED STATES AGEN- 16 CY FOR GLOBAL MEDIA.— 17 ‘‘(1) IN GENERAL.—The Open Technology 18 Fund shall be subject to the same oversight and gov- 19 ernance by the United States Agency for Global 20 Media as other grantees of the Agency as set forth 21 in section 305. 22 ‘‘(2) ASSISTANCE.—The United States Agency 23 for Global Media, its broadcast entities, and the 24 Open Technology Fund should render assistance to 25 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 6621 IH each other as may be necessary to carry out the pur- 1 poses of this section or any other provision of this 2 Act. 3 ‘‘(3) NOT A FEDERAL AGENCY OR INSTRUMEN- 4 TALITY.—Nothing in this section may be construed 5 to make the Open Technology Fund a Federal agen- 6 cy or instrumentality. 7 ‘‘(4) DETAILEES.—Under the Intergovern- 8 mental Personnel Act, employees of a grantee of the 9 United States Agency for Global Media may be de- 10 tailed to the Agency, and Federal employees may be 11 detailed to a grantee of the United States Agency 12 for Global Media. 13 ‘‘(f) RELATIONSHIP TO OTHER UNITED STATES 14 GOVERNMENT-FUNDED INTERNET FREEDOM PRO- 15 GRAMS.—The United States Agency for Global Media 16 shall ensure that internet freedom research and develop- 17 ment projects of the Open Technology Fund are coordi- 18 nated with internet freedom programs of the Department 19 of State and other relevant United States Government de- 20 partments, in order to share information and best-prac- 21 tices relating to the implementation of subsections (b) and 22 (c). 23 ‘‘(g) REPORTING REQUIREMENTS.— 24 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 6621 IH ‘‘(1) ANNUAL REPORT.—The Open Technology 1 Fund shall highlight, in its annual report, internet 2 freedom activities, including a comprehensive assess- 3 ment of the Open Technology Fund’s activities relat- 4 ing to the implementation of subsections (b) and (c). 5 Each such report shall include the following: 6 ‘‘(A) An assessment of the current state of 7 global internet freedom, including trends in cen- 8 sorship and surveillance technologies and inter- 9 net shutdowns, and the threats such pose to 10 journalists, citizens, and human rights and 11 civil-society organizations. 12 ‘‘(B) A description of the technology 13 projects supported by the Open Technology 14 Fund and the associated impact of such 15 projects in the prior year, including the coun- 16 tries and regions in which such technologies 17 were deployed, and any associated metrics indi- 18 cating audience usage of such technologies, as 19 well as future-year technology project initia- 20 tives. 21 ‘‘(2) ASSESSMENT OF THE EFFECTIVENESS OF 22 THE OPEN TECHNOLOGY FUND.—Not later than two 23 years after the date of the enactment of this section, 24 the Inspector General of the Department of State 25 VerDate Sep 11 2014 21:52 Apr 27, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6621.IH H6621 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 6621 IH and the Foreign Service shall submit to the appro- 1 priate congressional committees a report on the fol- 2 lowing: 3 ‘‘(A) Whether the Open Technology Fund 4 is technically sound and cost effective. 5 ‘‘(B) Whether the Open Technology Fund 6 is satisfying the requirements of this section. 7 ‘‘(C) The extent to which the interests of 8 the United States are being served by maintain- 9 ing the work of the Open Technology Fund. 10 ‘‘(h) AUDIT AUTHORITIES.— 11 ‘‘(1) IN GENERAL.—Financial transactions of 12 the Open Technology Fund, as such relate to func- 13 tions carr [Text truncated for display. 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