[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9397 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9397

                  To promote global internet freedom.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2022

 Ms. Spanberger (for herself, Mr. Stewart, and Mr. Keating) introduced 
  the following bill; which was referred to the Committee on Foreign 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
                  To promote global internet freedom.

    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 ``Internet Freedom and Operations Act 
of 2022'' or ``INFO Act of 2022''.

SEC. 2. GLOBAL INTERNET FREEDOM.

    (a) Findings.--Congress finds the following:
            (1) More than 3,000,000,000 people use the internet around 
        the world every day to access information.
            (2) Authoritarian and repressive governments routinely use 
        internet access as a means of suppressing information sharing 
        and communications between people, civil society organizations, 
        and journalists.
            (3) Following the arrest and subsequent murder of a 22-
        year-old woman, Mahsa Amini, while in the custody of Iran's 
        ``morality police'', the government imposed severe internet and 
        mobile network restrictions, in an attempt to isolate and 
        intimidate its people.
            (4) Under the cover of such internet blackouts, the Iranian 
        Government has intensified a brutal crackdown on peaceful 
        protestors, killing hundreds and arresting thousands more.
            (5) Following its illegal invasion of Ukraine, the Russian 
        Government has sought to restrict access to independent 
        reporting and eliminate free speech by forcing the closure of 
        independent press outlets and banning social media websites.
            (6) Under this expanding policy of state censorship and 
        surveillance, the Russian Government has blocked over 3,300 
        websites, including both social media sites such as Facebook, 
        Instagram, and Twitter, as well as the BBC, Associated Press, 
        and other international news outlets.
            (7) This authoritarian abuse of technology has dramatically 
        reduced access to independent information and has increased the 
        Kremlin's control over the daily lives of the Russian people 
        through secret monitoring systems designed to unmask and 
        surveil government critics and democracy activists.
            (8) The United States has a commitment to promote and 
        uphold a free and open internet globally.
            (9) The demand for internet freedom software, tools, and 
        technology has increased exponentially in recent years as 
        authoritarian regimes have pursued policies of censorship and 
        surveillance.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should provide direct assistance to 
        technology and communications entities engaged in internet 
        freedom programs in countries restricting internet access and 
        repressing democratic and civil society; and
            (2) the United States should help grow the capacity of 
        these entities to respond rapidly to censorship events by 
        supporting the development, licensing, and launch of platforms 
        that enable direct internet access and circumvent authoritarian 
        governments' restrictions.
    (c) Statement of Policy.--It is the policy of the United States to 
promote internet freedom through programs of the Department of State 
and the United States Agency for International Development (referred to 
in this section as ``USAID'') that preserve and expand the internet as 
an open, global space for freedom of expression and association, which 
shall be prioritized for countries--
            (1) whose governments restrict freedom of expression on the 
        internet; and
            (2) that are important to the national interest of the 
        United States.
    (d) Purpose and Coordination With Other Programs.--Global internet 
freedom programming under this section--
            (1) shall be coordinated with other United States foreign 
        assistance programs that promote democracy and support the 
        efforts of civil society--
                    (A) to counter the development of repressive 
                internet-related laws and regulations, including 
                countering threats to internet freedom at international 
                organizations;
                    (B) to combat violence against bloggers and other 
                civil society activists who utilize the internet; and
                    (C) to enhance digital security training and 
                capacity building for democracy activists;
            (2) shall seek to assist efforts--
                    (A) to research key threats to internet freedom;
                    (B) to continue the development of technologies 
                that provide or enhance access to the internet, 
                including circumvention tools that bypass internet 
                blocking, filtering, and other censorship techniques 
                used by authoritarian governments; and
                    (C) to maintain the technological advantage of the 
                Federal Government over the censorship techniques 
                described in subparagraph (B); and
            (3) shall be incorporated into country assistance and 
        democracy promotion strategies, as appropriate.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2023--
            (1) $75,000,000 to the Department of State and USAID, which 
        shall be used to continue efforts to promote internet freedom 
        globally, and shall be matched, to the maximum extent 
        practicable, by sources other than the Federal Government, 
        including the private sector; and
            (2) $49,000,000 to the United States Agency for Global 
        Media (referred to in this section as the ``USAGM'') and its 
        grantees, which shall be used for internet freedom and 
        circumvention technologies that are designed--
                    (A) for open-source tools and techniques to 
                securely develop and distribute digital content 
                produced by the USAGM and its grantees;
                    (B) to facilitate audience access to such digital 
                content on websites that are censored;
                    (C) to coordinate the distribution of such digital 
                content to targeted regional audiences; and
                    (D) to promote and distribute such tools and 
                techniques, including digital security techniques.
    (f) United States Agency for Global Media Activities.--
            (1) Annual certification.--For any new tools or techniques 
        authorized under subsection (d)(2), the Chief Executive Officer 
        of the USGAM, in consultation with the President of the Open 
        Technology Fund (referred to in this subsection as the ``OTF'') 
        and relevant Federal departments and agencies, shall submit an 
        annual certification to the appropriate congressional 
        committees that verifies they--
                    (A) have evaluated the risks and benefits of such 
                new tools or techniques; and
                    (B) have established safeguards to minimize the use 
                of such new tools or techniques for illicit purposes.
            (2) Information sharing.--The Secretary of State may not 
        direct programs or policy of the USAGM or the OTF, but may 
        share any research and development with relevant Federal 
        departments and agencies for the exclusive purposes of--
                    (A) sharing information, technologies, and best 
                practices; and
                    (B) assessing the effectiveness of such 
                technologies.
            (3) United states agency for global media.--The Chief 
        Executive Officer of the USAGM, in consultation with the 
        President of the OTF, shall--
                    (A) coordinate international broadcasting programs 
                and incorporate such programs into country broadcasting 
                strategies, as appropriate;
                    (B) solicit project proposals through an open, 
                transparent, and competitive application process, 
                including by seeking input from technical and subject 
                matter experts; and
                    (C) support internet circumvention tools and 
                techniques for audiences in countries that are 
                strategic priorities for the OTF, in accordance with 
                USAGM's annual language service prioritization review.
    (g) Usagm Report.--Not later than 120 days after the date of the 
enactment of this Act, the Chief Executive Office of the USAGM shall 
submit a report to the appropriate congressional committees that 
describes--
            (1) as of the date of the report--
                    (A) the full scope of internet freedom programs 
                within the USAGM, including--
                            (i) the efforts of the Office of Internet 
                        Freedom; and
                            (ii) the efforts of the Open Technology 
                        Fund;
                    (B) the capacity of internet censorship 
                circumvention tools supported by the Office of Internet 
                Freedom and grantees of the Open Technology Fund that 
                are available for use by individuals in foreign 
                countries seeking to counteract censors; and
                    (C) any barriers to the provision of the efforts 
                described in clauses (i) and (ii) of subparagraph (A), 
                including access to surge funding; and
            (2) successful examples from the Office of Internet Freedom 
        and Open Technology Fund involving--
                    (A) responding rapidly to internet shutdowns in 
                closed societies; and
                    (B) ensuring uninterrupted circumvention services 
                for USAGM entities to promote internet freedom within 
                repressive regimes.
    (h) Joint Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of State and the Administrator of 
USAID shall jointly submit a report, which may include a classified 
annex, to the appropriate congressional committees that describes--
            (1) as of the date of the report--
                    (A) the full scope of internet freedom programs 
                within the Department of State and USAID, including--
                            (i) Department circumvention efforts; and
                            (ii) USAID efforts to support internet 
                        infrastructure;
                    (B) the capacity of internet censorship 
                circumvention tools supported by the Federal Government 
                that are available for use by individuals in foreign 
                countries seeking to counteract censors; and
                    (C) any barriers to provision of the efforts 
                enumerated in clauses (i) and (ii) of subsection 
                (g)(1)(A), including access to surge funding; and
            (2) any new resources needed to provide the Federal 
        Government with greater capacity to provide and boost internet 
        access--
                    (A) to respond rapidly to internet shutdowns in 
                closed societies; and
                    (B) to provide internet connectivity to foreign 
                locations where the provision of additional internet 
                access service would promote freedom from repressive 
                regimes.
    (i) Security Audits.--Before providing any support for open source 
technologies under this section, such technologies must undergo 
comprehensive security audits to ensure that such technologies are 
secure and have not been compromised in a manner that is detrimental to 
the interest of the United States or to the interests of individuals 
and organizations benefitting from programs supported by such funding.
    (j) Surge.--
            (1) Authorization of appropriations.--Subject to paragraph 
        (2), there is authorized to be appropriated, in addition to 
        amounts otherwise made available for such purposes, $2,500,000 
        to support internet freedom programs in closed societies, 
        including programs that--
                    (A) are carried out in crisis situations by vetted 
                entities that are already engaged in internet freedom 
                programs;
                    (B) involve circumvention tools; or
                    (C) increase the overseas bandwidth for companies 
                that received Federal funding during the previous 
                fiscal year.
            (2) Certification.--Amounts authorized to be appropriated 
        pursuant to paragraph (1) may not be expended until the 
        Secretary of State has certified to the appropriate 
        congressional committees, the Committee on Appropriations of 
        the Senate, and the Committee on Appropriations of the House of 
        Representatives that the use of such funds is in the national 
        interest of the United States.
    (k) Definitions.--In this section--
            (1) the term ``appropriate congressional committees'' means 
        the Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate;
            (2) the term ``internet censorship circumvention tool'' 
        means a software application or other tool that an individual 
        can use to evade foreign government restrictions on internet 
        access; and
            (3) the term ``vetted entity'' means a private company or 
        organization that has an established contractual relationship 
        or is in the process of becoming a new vendor for internet 
        freedom programs of USAGM.
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