[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3820 Introduced in Senate (IS)]

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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 
             referred 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Technology Fund Authorization 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The political, economic, and social benefits of the 
        internet are important to advancing democracy and freedom 
        throughout the world.
            (2) Authoritarian governments are investing billions of 
        dollars each year to create, maintain, and expand repressive 
        internet censorship and surveillance systems to limit free 
        association, control access to information, and prevent 
        citizens from exercising their rights to free speech.
            (3) Over \2/3\ of the world's population live in countries 
        in which the internet is restricted. Governments shut down the 
        internet more than 200 times every year.
            (4) Internet censorship and surveillance technology is 
        rapidly being exported around the world, particularly by the 
        Government of the People's Republic of China, enabling 
        widespread abuses by authoritarian governments.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that it is in the interest of the 
United States--
            (1) to promote global internet freedom by countering 
        internet censorship and repressive surveillance;
            (2) to protect the internet as a platform for--
                    (A) the free exchange of ideas;
                    (B) the promotion of human rights and democracy; 
                and
                    (C) the advancement of a free press; and
            (3) to support efforts that prevent the deliberate misuse 
        of the internet to repress individuals from exercising their 
        rights to free speech and association, including countering the 
        use of such technologies by authoritarian regimes.

SEC. 4. ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND.

    (a) In General.--The United States International Broadcasting Act 
of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after section 
309 the following:

``SEC. 309A. OPEN TECHNOLOGY FUND.

    ``(a) Authority.--
            ``(1) Establishment.--There is established a grantee 
        entity, to be known as the `Open Technology Fund', which shall 
        carry out this section.
            ``(2) In general.--Grants authorized under section 305 
        shall be available to award annual grants to the Open 
        Technology fund for the purpose of--
                    ``(A) promoting, consistent with United States law, 
                unrestricted access to uncensored sources of 
                information via the internet; and
                    ``(B) enabling journalists, including journalists 
                employed by or affiliated with the Voice of America, 
                Radio Free Europe/Radio Liberty, Radio Free Asia, the 
                Middle East Broadcasting Networks, the Office of Cuba 
                Broadcasting, or any entity funded by or partnering 
                with the United States Agency for Global Media to 
                create and disseminate news and information consistent 
                with the purposes, standards, and principles specified 
                in sections 302 and 303.
    ``(b) Use of Grant Funds.--The Open Technology Fund shall use grant 
funds received pursuant to subsection (a)(2)--
            ``(1) to advance freedom of the press and unrestricted 
        access to the internet in repressive environments oversees;
            ``(2) to research, develop, implement, and maintain--
                    ``(A) technologies that circumvent techniques used 
                by authoritarian governments, nonstate actors, and 
                others to block or censor access to the internet, 
                including circumvention tools that bypass internet 
                blocking, filtering, and other censorship techniques 
                used to limit or block legitimate access to content and 
                information; and
                    ``(B) secure communication tools and other forms of 
                privacy and security technology that facilitate the 
                creation and distribution of news and enable audiences 
                to access media content on censored websites;
            ``(3) to advance internet freedom by supporting private and 
        public sector research, development, implementation, and 
        maintenance of technologies that provide secure and uncensored 
        access to the internet to counter attempts by authoritarian 
        governments, nonstate actors, and others to improperly restrict 
        freedom online;
            ``(4) to research and analyze emerging technical threats 
        and develop innovative solutions through collaboration with the 
        private and public sectors to maintain the technological 
        advantage of the United States Government over authoritarian 
        governments, nonstate actors, and others;
            ``(5) to develop, acquire, and distribute requisite 
        internet freedom technologies and techniques for the United 
        States Agency for Global Media, in accordance with paragraph 
        (2), and digital security interventions, to fully enable the 
        creation and distribution of digital content between and to all 
        users and regional audiences;
            ``(6) to prioritize programs for countries, the governments 
        of which restrict freedom of expression on the internet, that 
        are important to the national interest of the United States in 
        accordance with section 7050(b)(2)(C) of the Department of 
        State, Foreign Operations, and Related Programs Appropriations 
        Act, 2020 (division G of Public Law 116-94); and
            ``(7) to carry out any other effort consistent with the 
        purposes of this Act or press freedom overseas if requested or 
        approved by the United States Agency for Global Media.
    ``(c) Methodology.--In carrying out subsection (b), the Open 
Technology Fund shall--
            ``(1)(A) support fully open-source tools, code, and 
        components, to the extent practicable, to ensure such supported 
        tools and technologies are as secure, transparent, and 
        accessible as possible; and
            ``(B) require that any such tools, components, code, or 
        technology supported by the Open Technology Fund remain fully 
        open-source, to the extent practicable;
            ``(2) support technologies that undergo comprehensive 
        security audits to ensure that such technologies are secure and 
        have not been compromised in a manner detrimental to the 
        interests of the United States or to individuals or 
        organizations benefitting from programs supported by the Open 
        Technology Fund;
            ``(3) review and periodically update, as necessary, 
        security auditing procedures used by the Open Technology Fund 
        to reflect current industry security standards;
            ``(4) establish safeguards to mitigate the use of such 
        supported technologies for illicit purposes;
            ``(5) solicit project proposals through an open, 
        transparent, and competitive application process to attract 
        innovative applications and reduce barriers to entry;
            ``(6)(A) seek input from technical, regional, and subject 
        matter experts from a wide range of relevant disciplines; and
            ``(B) to review, provide feedback, and evaluate proposals 
        to ensure that the most competitive projects are funded;
            ``(7) implement an independent review process, through 
        which proposals are reviewed by such experts to ensure the 
        highest degree of technical review and due diligence;
            ``(8) maximize cooperation with the public and private 
        sectors, foreign allies, and partner countries to maximize 
        efficiencies and eliminate duplication of efforts; and
            ``(9) utilize any other methodology approved by the United 
        States Agency for Global Media in furtherance of the mission of 
        the Open Technology Fund.
    ``(d) Grant Agreement.--Any grant agreement with, or grants made 
to, the Open Technology Fund under this section shall be subject to the 
following limitations and restrictions:
            ``(1) The headquarters of the Open Technology Fund and its 
        senior administrative and managerial staff shall be located in 
        a location which ensures economy, operational effectiveness, 
        and accountability to the United States Agency for Global 
        Media.
            ``(2) Grants awarded under this section shall be made 
        pursuant to a grant agreement requiring that--
                    ``(A) grant funds are only used on activities 
                consistent with this section; and
                    ``(B) failure to comply with such requirement shall 
                result in termination of the grant without further 
                fiscal obligation to the United States.
            ``(3) Each grant agreement under this section shall require 
        that each contract entered into by the Open Technology Fund 
        specify that all obligations are assumed by the grantee and not 
        by the United States Government.
            ``(4) Each grant agreement under this section shall require 
        that any lease agreements entered into by the Open Technology 
        Fund shall be, to the maximum extent possible, assignable to 
        the United States Government.
            ``(5) Administrative and managerial costs for operation of 
        the Open Technology Fund--
                    ``(A) should be kept to a minimum; and
                    ``(B) to the maximum extent feasible, should not 
                exceed the costs that would have been incurred if the 
                Open Technology Fund had been operated as a Federal 
                entity rather than as a grantee.
            ``(6) Grant funds may not be used for any activity whose 
        purpose is influencing the passage or defeat of legislation 
        considered by Congress.
    ``(e) Relationship to the United States Agency for Global Media.--
            ``(1) In general.--The Open Technology Fund shall be 
        subject to the oversight and governance by the United States 
        Agency for Global Media in accordance with section 305.
            ``(2) Assistance.--The United States Agency for Global 
        Media, its broadcast entities, and the Open Technology Fund 
        should render such assistance to each other as may be necessary 
        to carry out the purposes of this section or any other 
        provision under this Act.
            ``(3) Not a federal agency or instrumentality.--Nothing in 
        this section may be construed to make the Open Technology Fund 
        an agency or instrumentality of the Federal Government.
            ``(4) Detailees.--Employees of a grantee of the United 
        States Agency for Global Media may be detailed to the Agency, 
        in accordance with the Intergovernmental Personnel Act of 1970 
        (42 U.S.C. 4701 et seq.) and Federal employees may be detailed 
        to a grantee of the United States Agency for Global Media, in 
        accordance with such Act.
    ``(f) Relationship to Other United States Government-Funded 
Internet Freedom Programs.--The United States Agency for Global Media 
shall ensure that internet freedom research and development projects of 
the Open Technology Fund are deconflicted with internet freedom 
programs of the Department of State and other relevant United States 
Government departments. Agencies should still share information and 
best practices relating to the implementation of subsections (b) and 
(c).
    ``(g) Reporting Requirements.--
            ``(1) Annual report.--The Open Technology Fund shall 
        highlight, in its annual report, internet freedom activities, 
        including a comprehensive assessment of the Open Technology 
        Fund's activities relating to the implementation of subsections 
        (b) and (c), which shall include--
                    ``(A) an assessment of the current state of global 
                internet freedom, including--
                            ``(i) trends in censorship and surveillance 
                        technologies and internet shutdowns; and
                            ``(ii) the threats such pose to 
                        journalists, citizens, and human rights and 
                        civil society organizations; and
                    ``(B) a description of the technology projects 
                supported by the Open Technology Fund and the 
                associated impact of such projects in the most recently 
                completed year, including--
                            ``(i) the countries and regions in which 
                        such technologies were deployed;
                            ``(ii) any associated metrics indicating 
                        audience usage of such technologies; and
                            ``(iii) future-year technology project 
                        initiatives.
            ``(2) Assessment of the effectiveness of the open 
        technology fund.--Not later than 2 years after the date of the 
        enactment of this section, the Inspector General of the 
        Department of State and the Foreign Service shall submit a 
        report to the appropriate congressional committees that 
        indicates--
                    ``(A) whether the Open Technology Fund is--
                            ``(i) technically sound;
                            ``(ii) cost effective; and
                            ``(iii) satisfying the requirements under 
                        this section; and
                    ``(B) the extent to which the interests of the 
                United States are being served by maintaining the work 
                of the Open Technology Fund.
    ``(h) Audit Authorities.--
            ``(1) In general.--Financial transactions of the Open 
        Technology Fund that relate to functions carried out under this 
        section may be audited by the Government Accountability Office 
        in accordance with such principles and procedures and under 
        such rules and regulations as may be prescribed by the 
        Comptroller General of the United States. Any such audit shall 
        be conducted at the place or places at which accounts of the 
        Open Technology Fund are normally kept.
            ``(2) Access by gao.--The Government Accountability Office 
        shall have access to all books, accounts, records, reports, 
        files, papers, and property belonging to or in use by the Open 
        Technology Fund pertaining to financial transactions as may be 
        necessary to facilitate an audit. The Government Accountability 
        Office shall be afforded full facilities for verifying 
        transactions with any assets held by depositories, fiscal 
        agents, and custodians. All such books, accounts, records, 
        reports, files, papers, and property of the Open Technology 
        Fund shall remain in the possession and custody of the Open 
        Technology Fund.
            ``(3) Exercise of authorities.--Notwithstanding any other 
        provision of law, the Inspector General of the Department of 
        State and the Foreign Service is authorized to exercise the 
        authorities of the Inspector General Act of 1978 with respect 
        to the Open Technology Fund.''.
    (b) Conforming Amendments.--The United States International 
Broadcasting Act of 1994 is amended--
            (1) in section 304(d) (22 U.S.C. 6203(d)), by inserting 
        ``the Open Technology Fund,'' before ``the Middle East 
        Broadcasting Networks'';
            (2) in sections 305(a)(20) and 310(c) (22 U.S.C. 
        6204(a)(20) and 6209(c)), by inserting ``the Open Technology 
        Fund,'' before ``or the Middle East Broadcasting Networks'' 
        each place such term appears; and
            (3) in section 310 (22 U.S.C. 6209), by inserting ``the 
        Open Technology Fund,'' before ``and the Middle East 
        Broadcasting Networks'' each place such term appears.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated for the Open Technology Fund, which shall be used to carry 
out section 309A of the United States International Broadcasting Act of 
1994, as added by subsection (a)--
            (1) $20,000,000 for fiscal year 2021; and
            (2) $25,000,000 for fiscal year 2022.
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