[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3114 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3114

 To develop and deploy firewall circumvention tools for the people of 
 Hong Kong after the People's Republic of China violated its agreement 
          under the Joint Declaration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 24, 2023

Mr. Lankford (for himself and Mr. Kaine) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To develop and deploy firewall circumvention tools for the people of 
 Hong Kong after the People's Republic of China violated its agreement 
          under the Joint Declaration, 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 ``Safeguarding Internet Freedom in 
Hong Kong Act of 2023''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The People's Republic of China has repeatedly violated 
        its obligations under the Joint Declaration by suppressing the 
        basic rights and freedoms of Hong Kongers.
            (2) On June 30, 2020, the National People's Congress passed 
        a law on Safeguarding National Security in the Hong Kong 
        Special Administrative Region (referred to in this Act as the 
        ``National Security Law''), which further erodes Hong Kong's 
        autonomy and enables authorities to suppress dissent.
            (3) The Government of the People's Republic of China 
        continues to utilize the National Security Law to undermine the 
        fundamental rights of Hong Kongers by suppressing freedoms of 
        speech, assembly, religion, and the press.
            (4) Article 9 of the National Security Law authorizes 
        unprecedented regulation and supervision of internet activity 
        in Hong Kong, including expanded police powers to force 
        internet service providers to censor content, hand over user 
        information, and block access to platforms.
            (5) On January 13, 2021, the Hong Kong Broadband Network 
        blocked public access to HKChronicles, which is a website 
        promoting pro-democracy viewpoints, under the authorities of 
        the National Security Law.
            (6) On January 28, 2021, the Hong Kong Internet 
        Registration Corporation Limited enacted a revised ``acceptable 
        use'' policy that enables authorities to require the rejection 
        of website registration requests that may ``incite `illegal 
        acts'''.
            (7) On February 4, 2021, Carrie Lam expressed support for 
        implementing additional laws to increase internet censorship.
            (8) On February 12, 2021, internet service providers 
        blocked access to the Taiwan Transitional Justice Commission 
        website in Hong Kong.
            (9) Major tech companies including Facebook, Twitter, 
        WhatsApp, and Google have stopped reviewing requests for user 
        data from Hong Kong authorities.
            (10) On February 28, 2021, 47 pro-democracy activists in 
        Hong Kong were arrested charged under the National Security Law 
        on the charge of ``conspiracy to commit subversion''.
            (11) On December 12, 2022, Chris Tang and John Lee 
        advocated for Google to remove search results for a pro-
        democracy song.
            (12) On February 14, 2023, John Lee reaffirmed his 
        commitment to pass Article 23 of the Basic Law by 2024, which 
        would require Hong Kong to enact national security legislation 
        for seven types of offenses, further eroding individual 
        freedoms and giving unrestricted power to authorities.
            (13) In March 2023, Hong Kong authorities arrested a 
        student returning from Japan for violating the National 
        Security Law by sharing pro-democracy statements online while 
        studying abroad.
            (14) On May 16, 2023, John Lee encouraged public libraries 
        to remove books with messages that do not serve the interests 
        of Hong Kong.
            (15) On June 6, 2023, the Hong Kong Government attempted to 
        ban all forms of broadcasting and distribution of a pro-
        democracy song.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the United States should--
            (1) support the ability of the people of Hong Kong to 
        maintain their freedom to access information online; and
            (2) focus on investments in technologies that facilitate 
        the unhindered exchange of information in Hong Kong in advance 
        of any future efforts by the Chinese Communist Party--
                    (A) to suppress internet access;
                    (B) to increase online censorship; or
                    (C) to inhibit online communication and content-
                sharing by the people of Hong Kong.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Select Committee on Intelligence of the 
                Senate;
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (E) the Committee on Appropriations of the House of 
                Representatives; and
                    (F) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (2) Interagency working group.--The term ``interagency 
        working group'' means a group composed of--
                    (A) the Under Secretary of State for Civilian 
                Security, Democracy, and Human Rights;
                    (B) the Assistant Secretary of State for East Asian 
                and Pacific Affairs;
                    (C) the Chief Executive Officer of the Open 
                Technology Fund; and
                    (D) the Administrator of the United States Agency 
                for International Development.
            (3) Joint declaration.--The term ``Joint Declaration'' 
        means the Joint Declaration of the Government of the United 
        Kingdom of Great Britain and Northern Ireland and the 
        Government of the People's Republic of China on the Question of 
        Hong Kong, done at Beijing on December 19, 1984.

SEC. 5. HONG KONG INTERNET FREEDOM PROGRAM.

    (a) Interagency Working Group.--The Secretary of State is 
authorized to establish an interagency working group, composed of the 
individuals occupying the positions listed in section 4(2), to develop 
a strategy to bolster internet resiliency and online access in Hong 
Kong.
    (b) Hong Kong Internet Freedom Program.--
            (1) Department of state.--The Secretary of State shall 
        establish a Hong Kong Internet Freedom Program in the Bureau of 
        Democracy, Human Rights, and Labor of the Department of State.
            (2) Open technology fund.--The Chief Executive Officer of 
        the Open Technology Fund is authorized to establish a Hong Kong 
        Internet Freedom Program.
            (3) Coordination.--The programs established pursuant to 
        paragraphs (1) and (2) shall operate independently, but shall 
        strategically coordinate with other entities represented in the 
        interagency working group.
    (c) Independence.--During the period beginning on the date of the 
enactment of this Act and ending on September 30, 2028, the programs 
established pursuant to subsection (b) shall be carried out independent 
from the mainland China internet freedom portfolios in order to focus 
on supporting liberties presently enjoyed by the people of Hong Kong.
    (d) Consolidation of Department of State Program.--Beginning on 
October 1, 2028, the Secretary of State may--
            (1) consolidate the program established pursuant to 
        subsection (b)(1) with the mainland China initiatives in the 
        Bureau of Democracy, Human Rights, and Labor; or
            (2) continue to carry out such program in accordance with 
        subsection (c).
    (e) Consolidation of Open Technology Fund Program.--Beginning on 
October 1, 2028, the Chief Executive Officer of the Open Technology 
Fund may--
            (1) consolidate the Program with the mainland China 
        initiatives in the Open Technology Fund; or
            (2) continue to carry out the Program in accordance with 
        subsection (c).

SEC. 6. SUPPORT FOR INFORMATION PROGRAMS.

    (a) Grants Authorized.--
            (1) In general.--The Secretary of State, working through 
        the Open Technology Fund and the Bureau of Democracy, Human 
        Rights, and Labor, is authorized to award grants to private 
        organizations to support and develop programs in Hong Kong that 
        promote or expand--
                    (A) online information access;
                    (B) freedom of the press;
                    (C) disruptive technologies that bypass internet 
                blocking, filtering, and other censorship techniques;
                    (D) virtual private networks;
                    (E) firewall circumvention tools;
                    (F) distributed denial of service mitigation 
                techniques;
                    (G) digital security capacity building for internet 
                users; or
                    (H) digital resiliency for international 
                organizations, pro-democracy activists, and other civil 
                society actors in Hong Kong, including emergency 
                support.
            (2) Goals.--The programs receiving grants pursuant to 
        paragraph (1) should strive--
                    (A) to make the technologies described in paragraph 
                (1) available in Hong Kong;
                    (B) to increase the number of the tools in the 
                circumvention technology portfolio;
                    (C) to promote the availability of such 
                technologies and tools in Hong Kong;
                    (D) to encourage the adoption of such technologies 
                and tools by the people of Hong Kong;
                    (E) to scale up the distribution of such 
                technologies and tools throughout Hong Kong;
                    (F) to prioritize the development of tools, 
                components, code, and technologies that are fully open-
                source, to the extent practicable;
                    (G) to conduct research on repressive tactics that 
                undermine internet freedom in Hong Kong; and
                    (H) to engage American private industry, including 
                e-commerce firms and social networking companies, on 
                the importance of preserving internet access in Hong 
                Kong.
            (3) Grant recipients.--Grants awarded pursuant to paragraph 
        (1) shall be distributed to multiple vendors and suppliers 
        through an open, fair, competitive, and evidence-based decision 
        process--
                    (A) to diversify the technical base; and
                    (B) to reduce the risk of mitigation by bad actors.
            (4) Security audits.--New technologies developed using 
        grants from this subsection shall 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.
    (b) Funding Source.--The Secretary of State is authorized to expend 
funds from the Human Rights and Democracy Fund of the Bureau of 
Democracy, Human Rights, and Labor of the Department of State during 
fiscal year 2024 for grants awarded pursuant to subsection (a) by any 
entity represented in the interagency working group.
    (c) Authorization of Appropriations.--
            (1) Open technology fund.--In addition to the amounts 
        authorized to be expended pursuant to subsection (b), there are 
        authorized to be appropriated to the Open Technology Fund 
        $5,000,000 for each of the fiscal years 2024 through 2028 to 
        carry out this section.
            (2) Bureau of democracy, human rights, and labor.--In 
        addition to the amounts authorized to be expended pursuant to 
        subsection (b), there are authorized to be appropriated to the 
        Office of Internet Freedom Programs of the Bureau of Democracy, 
        Human Rights, and Labor of the Department of State $10,000,000 
        for each of the fiscal years 2024 through 2028 to carry out 
        this section.
            (3) Availability.--Amounts appropriated pursuant to 
        paragraphs (1) and (2) shall remain available until expended.

SEC. 7. STRATEGIC PLANNING REPORT.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of State and the interagency working group shall 
submit a classified report to the appropriate congressional committees 
that--
            (1) describes the Federal Government's plan to bolster and 
        increase the availability of firewall circumvention technology 
        in Hong Kong during fiscal year 2024;
            (2) outlines a plan for--
                    (A) supporting the preservation of an open, 
                interoperable, reliable, and secure internet in Hong 
                Kong;
                    (B) increasing the supply of the technology 
                referred to in paragraph (1);
                    (C) accelerating the dissemination of such 
                technology;
                    (D) promoting the availability of such technology 
                in Hong Kong;
                    (E) utilizing presently available tools in the 
                mainland China portfolio for further use in the unique 
                context of Hong Kong;
                    (F) expanding the portfolio of tools in order to 
                diversify and strengthen the effectiveness and 
                resiliency of the circumvention efforts; and
                    (G) providing training for high-risk groups and 
                individuals in Hong Kong;
            (3) includes a detailed description of the technical and 
        fiscal steps necessary to implement the plans referred to in 
        paragraphs (1) and (2), including an analysis of the market 
        conditions in Hong Kong;
            (4) describes the Federal Government's plans for awarding 
        grants to private organizations for the purposes described in 
        section 6(a)(1);
            (5) outlines the interagency working group's consultations 
        regarding the implementation of this Act to ensure that all 
        Federal efforts are aligned and well coordinated; and
            (6) outlines the Department of State's strategy to 
        influence global internet legal standards at international 
        organizations and multilateral fora.
                                 <all>