Open Technology Fund Authorization Act

II 116TH CONGRESS 2D SESSION S. 3820 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 SENATE OF THE UNITED STATES MAY 21, 2020 Mrs. BLACKBURN (for herself, Mr. MENENDEZ, Mr. SCOTT of Florida, and Mr. WYDEN) introduced the following bill; which was read twice and re- ferred to the Committee on Foreign Relations 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 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3820 IS (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 2⁄3 of the world’s population live in 10 countries in which the internet is restricted. Govern- 11 ments shut down the internet more than 200 times 12 every year. 13 (4) Internet censorship and surveillance tech- 14 nology is rapidly being exported around the world, 15 particularly by the Government of the People’s Re- 16 public of China, enabling widespread abuses by au- 17 thoritarian governments. 18 SEC. 3. SENSE OF CONGRESS. 19 It is the sense of Congress that it is in the interest 20 of the United States— 21 (1) to promote global internet freedom by coun- 22 tering internet censorship and repressive surveil- 23 lance; 24 (2) to protect the internet as a platform for— 25 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3820 IS (A) the free exchange of ideas; 1 (B) the promotion of human rights and de- 2 mocracy; and 3 (C) the advancement of a free press; and 4 (3) to support efforts that prevent the delib- 5 erate misuse of the internet to repress individuals 6 from exercising their rights to free speech and asso- 7 ciation, including countering the use of such tech- 8 nologies by authoritarian regimes. 9 SEC. 4. ESTABLISHMENT OF THE OPEN TECHNOLOGY 10 FUND. 11 (a) IN GENERAL.—The United States International 12 Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is 13 amended by inserting after section 309 the following: 14 ‘‘SEC. 309A. OPEN TECHNOLOGY FUND. 15 ‘‘(a) AUTHORITY.— 16 ‘‘(1) ESTABLISHMENT.—There is established a 17 grantee entity, to be known as the ‘Open Technology 18 Fund’, which shall carry out this section. 19 ‘‘(2) IN GENERAL.—Grants authorized under 20 section 305 shall be available to award annual 21 grants to the Open Technology fund for the purpose 22 of— 23 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3820 IS ‘‘(A) promoting, consistent with United 1 States law, unrestricted access to uncensored 2 sources of information via the internet; and 3 ‘‘(B) enabling journalists, including jour- 4 nalists employed by or affiliated with the Voice 5 of America, Radio Free Europe/Radio Liberty, 6 Radio Free Asia, the Middle East Broadcasting 7 Networks, the Office of Cuba Broadcasting, or 8 any entity funded by or partnering with the 9 United States Agency for Global Media to cre- 10 ate and disseminate news and information con- 11 sistent with the purposes, standards, and prin- 12 ciples specified in sections 302 and 303. 13 ‘‘(b) USE OF GRANT FUNDS.—The Open Technology 14 Fund shall use grant funds received pursuant to sub- 15 section (a)(2)— 16 ‘‘(1) to advance freedom of the press and unre- 17 stricted access to the internet in repressive environ- 18 ments oversees; 19 ‘‘(2) to research, develop, implement, and main- 20 tain— 21 ‘‘(A) technologies that circumvent tech- 22 niques used by authoritarian governments, 23 nonstate actors, and others to block or censor 24 access to the internet, including circumvention 25 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3820 IS tools that bypass internet blocking, filtering, 1 and other censorship techniques used to limit or 2 block legitimate access to content and informa- 3 tion; and 4 ‘‘(B) secure communication tools and other 5 forms of privacy and security technology that 6 facilitate the creation and distribution of news 7 and enable audiences to access media content 8 on censored websites; 9 ‘‘(3) to advance internet freedom by supporting 10 private and public sector research, development, im- 11 plementation, and maintenance of technologies that 12 provide secure and uncensored access to the internet 13 to counter attempts by authoritarian governments, 14 nonstate actors, and others to improperly restrict 15 freedom online; 16 ‘‘(4) to research and analyze emerging technical 17 threats and develop innovative solutions through col- 18 laboration with the private and public sectors to 19 maintain the technological advantage of the United 20 States Government over authoritarian governments, 21 nonstate actors, and others; 22 ‘‘(5) to develop, acquire, and distribute requisite 23 internet freedom technologies and techniques for the 24 United States Agency for Global Media, in accord- 25 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3820 IS ance with paragraph (2), and digital security inter- 1 ventions, to fully enable the creation and distribution 2 of digital content between and to all users and re- 3 gional audiences; 4 ‘‘(6) to prioritize programs for countries, the 5 governments of which restrict freedom of expression 6 on the internet, that are important to the national 7 interest of the United States in accordance with sec- 8 tion 7050(b)(2)(C) of the Department of State, For- 9 eign Operations, and Related Programs Appropria- 10 tions Act, 2020 (division G of Public Law 116–94); 11 and 12 ‘‘(7) to carry out any other effort consistent 13 with the purposes of this Act or press freedom over- 14 seas if requested or approved by the United States 15 Agency for Global Media. 16 ‘‘(c) METHODOLOGY.—In carrying out subsection 17 (b), the Open Technology Fund shall— 18 ‘‘(1)(A) support fully open-source tools, code, 19 and components, to the extent practicable, to ensure 20 such supported tools and technologies are as secure, 21 transparent, and accessible as possible; and 22 ‘‘(B) require that any such tools, components, 23 code, or technology supported by the Open Tech- 24 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3820 IS nology Fund remain fully open-source, to the extent 1 practicable; 2 ‘‘(2) support technologies that undergo com- 3 prehensive security audits to ensure that such tech- 4 nologies are secure and have not been compromised 5 in a manner detrimental to the interests of the 6 United States or to individuals or organizations ben- 7 efitting from programs supported by the Open Tech- 8 nology Fund; 9 ‘‘(3) review and periodically update, as nec- 10 essary, security auditing procedures used by the 11 Open Technology Fund to reflect current industry 12 security standards; 13 ‘‘(4) establish safeguards to mitigate the use of 14 such supported technologies for illicit purposes; 15 ‘‘(5) solicit project proposals through an open, 16 transparent, and competitive application process to 17 attract innovative applications and reduce barriers to 18 entry; 19 ‘‘(6)(A) seek input from technical, regional, and 20 subject matter experts from a wide range of relevant 21 disciplines; and 22 ‘‘(B) to review, provide feedback, and evaluate 23 proposals to ensure that the most competitive 24 projects are funded; 25 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3820 IS ‘‘(7) implement an independent review process, 1 through which proposals are reviewed by such ex- 2 perts to ensure the highest degree of technical re- 3 view and due diligence; 4 ‘‘(8) maximize cooperation with the public and 5 private sectors, foreign allies, and partner countries 6 to maximize efficiencies and eliminate duplication of 7 efforts; and 8 ‘‘(9) utilize any other methodology approved by 9 the United States Agency for Global Media in fur- 10 therance of the mission of the Open Technology 11 Fund. 12 ‘‘(d) GRANT AGREEMENT.—Any grant agreement 13 with, or grants made to, the Open Technology Fund under 14 this section shall be subject to the following limitations 15 and restrictions: 16 ‘‘(1) The headquarters of the Open Technology 17 Fund and its senior administrative and managerial 18 staff shall be located in a location which ensures 19 economy, operational effectiveness, and account- 20 ability to the United States Agency for Global 21 Media. 22 ‘‘(2) Grants awarded under this section shall be 23 made pursuant to a grant agreement requiring 24 that— 25 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3820 IS ‘‘(A) grant funds are only used on activi- 1 ties consistent with this section; and 2 ‘‘(B) failure to comply with such require- 3 ment shall result in termination of the grant 4 without further fiscal obligation to the United 5 States. 6 ‘‘(3) Each grant agreement under this section 7 shall require that each contract entered into by the 8 Open Technology Fund specify that all obligations 9 are assumed by the grantee and not by the United 10 States Government. 11 ‘‘(4) Each grant agreement under this section 12 shall require that any lease agreements entered into 13 by the Open Technology Fund shall be, to the max- 14 imum extent possible, assignable to the United 15 States Government. 16 ‘‘(5) Administrative and managerial costs for 17 operation of the Open Technology Fund— 18 ‘‘(A) should be kept to a minimum; and 19 ‘‘(B) to the maximum extent feasible, 20 should not exceed the costs that would have 21 been incurred if the Open Technology Fund had 22 been operated as a Federal entity rather than 23 as a grantee. 24 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3820 IS ‘‘(6) Grant funds may not be used for any ac- 1 tivity whose purpose is influencing the passage or 2 defeat of legislation considered by Congress. 3 ‘‘(e) RELATIONSHIP TO THE UNITED STATES AGEN- 4 CY FOR GLOBAL MEDIA.— 5 ‘‘(1) IN GENERAL.—The Open Technology 6 Fund shall be subject to the oversight and govern- 7 ance by the United States Agency for Global Media 8 in accordance with section 305. 9 ‘‘(2) ASSISTANCE.—The United States Agency 10 for Global Media, its broadcast entities, and the 11 Open Technology Fund should render such assist- 12 ance to each other as may be necessary to carry out 13 the purposes of this section or any other provision 14 under this Act. 15 ‘‘(3) NOT A FEDERAL AGENCY OR INSTRUMEN- 16 TALITY.—Nothing in this section may be construed 17 to make the Open Technology Fund an agency or in- 18 strumentality of the Federal Government. 19 ‘‘(4) DETAILEES.—Employees of a grantee of 20 the United States Agency for Global Media may be 21 detailed to the Agency, in accordance with the Inter- 22 governmental Personnel Act of 1970 (42 U.S.C. 23 4701 et seq.) and Federal employees may be detailed 24 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3820 IS to a grantee of the United States Agency for Global 1 Media, in accordance with such Act. 2 ‘‘(f) RELATIONSHIP TO OTHER UNITED STATES 3 GOVERNMENT-FUNDED INTERNET FREEDOM PRO- 4 GRAMS.—The United States Agency for Global Media 5 shall ensure that internet freedom research and develop- 6 ment projects of the Open Technology Fund are decon- 7 flicted with internet freedom programs of the Department 8 of State and other relevant United States Government de- 9 partments. Agencies should still share information and 10 best practices relating to the implementation of sub- 11 sections (b) and (c). 12 ‘‘(g) REPORTING REQUIREMENTS.— 13 ‘‘(1) ANNUAL REPORT.—The Open Technology 14 Fund shall highlight, in its annual report, internet 15 freedom activities, including a comprehensive assess- 16 ment of the Open Technology Fund’s activities relat- 17 ing to the implementation of subsections (b) and (c), 18 which shall include— 19 ‘‘(A) an assessment of the current state of 20 global internet freedom, including— 21 ‘‘(i) trends in censorship and surveil- 22 lance technologies and internet shutdowns; 23 and 24 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3820 IS ‘‘(ii) the threats such pose to journal- 1 ists, citizens, and human rights and civil 2 society organizations; and 3 ‘‘(B) a description of the technology 4 projects supported by the Open Technology 5 Fund and the associated impact of such 6 projects in the most recently completed year, in- 7 cluding— 8 ‘‘(i) the countries and regions in 9 which such technologies were deployed; 10 ‘‘(ii) any associated metrics indicating 11 audience usage of such technologies; and 12 ‘‘(iii) future-year technology project 13 initiatives. 14 ‘‘(2) ASSESSMENT OF THE EFFECTIVENESS OF 15 THE OPEN TECHNOLOGY FUND.—Not later than 2 16 years after the date of the enactment of this section, 17 the Inspector General of the Department of State 18 and the Foreign Service shall submit a report to the 19 appropriate congressional committees that indi- 20 cates— 21 ‘‘(A) whether the Open Technology Fund 22 is— 23 ‘‘(i) technically sound; 24 ‘‘(ii) cost effective; and 25 VerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm [Text truncated for display. 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