[Congressional Record Volume 166, Number 120 (Tuesday, June 30, 2020)]
[Senate]
[Pages S4074-S4075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2378. Mrs. BLACKBURN (for herself, Mr. Menendez, Mr. Scott of
Florida, and Mr. Wyden) submitted an amendment intended to be proposed
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title XII of division A, insert
the following:
SEC. 12__. OPEN TECHNOLOGY FUND.
(a) Short Title.--This section may be cited as the ``Open
Technology Fund Authorization Act''.
(b) 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.
(c) 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.
(d) Establishment of the Open Technology Fund.--
(1) 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 overseas
through technology development, rather than through media
messaging;
``(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 only 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.
[[Page S4075]]
``(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.''.
(2) Conforming amendments.--The United States International
Broadcasting Act of 1994 is amended--
(A) in section 304(d) (22 U.S.C. 6203(d)), by inserting
``the Open Technology Fund,'' before ``the Middle East
Broadcasting Networks'';
(B) 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
(C) 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.
(3) 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 paragraph
(1)--
(A) $20,000,000 for fiscal year 2021; and
(B) $25,000,000 for fiscal year 2022.
(e) United States Advisory Commission on Public
Diplomacy.-- Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended by
striking ``October 1, 2020'' and inserting ``October 1,
2025''.
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