[Congressional Record Volume 172, Number 102 (Wednesday, June 17, 2026)]
[Senate]
[Pages S2904-S2905]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5841. Mrs. BLACKBURN (for herself, Mrs. Shaheen, Ms. Rosen, Mr.
Van Hollen, Mr. Lankford, Mr. Kim, and Mr. Blumenthal) submitted an
amendment intended to be proposed by her tothe bill S. 4784, to
authorize appropriations for fiscal year 2027 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 end of title XII, add the following:
SEC. 1270A. OPEN TECHNOLOGY FUND.
(a) Short Title.--This section may be cited as the ``Open
Technology Fund Reauthorization Act''.
(b) Authority.--The Open Technology Fund is an independent
nonprofit corporation that is authorized to receive amounts
appropriated by Congress for the purpose of promoting,
consistent with United States law, unrestricted access to
uncensored sources of information through the internet.
(c) Board of Directors.--
(1) In general.--The Open Technology Fund shall be governed
by a Board of Directors that--
(A) is bipartisan;
(B) except as otherwise provided in this section, has the
sole responsibility to oversee the operations of the Open
Technology Fund, within the jurisdiction of its
incorporation;
(C) is composed of not fewer than 5 members, who shall be
qualified individuals who are not employed in the public
sector; and
(D) shall appoint successors in the event of a vacancy on
the Board of Directors, in accordance with applicable bylaws.
(2) Not federal employees.--No employee of the Open
Technology Fund may be a Federal employee.
(d) Functions.--In furtherance of the purpose described in
subsection (b), the Open Technology Fund shall--
(1) seek to advance freedom of the press and unrestricted
access to the internet in repressive environments oversees;
(2) 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) 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) 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) develop, acquire, and distribute requisite internet
freedom technologies and techniques, consistent with United
States foreign policy priorities;
(6) prioritize programs for countries the governments of
which restrict freedom of expression on the internet, and
that are important to the national interest of the United
States, and are consistent with section 7050(b)(2)(C) of the
Further Consolidated Appropriations Act, 2020 (Public Law
116-94); and
(7) carry out any other effort consistent with the purposes
of this section or in furtherance of global internet freedom
or press freedom overseas if requested or approved by an Act
of Congress.
(e) Methodology.--In carrying out subsection (d), the Open
Technology Fund shall--
(1) 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 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
interest of the United States or to individuals and
organizations benefitting from programs supported by the Open
Technology Fund;
(3) review and update periodically 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) seek input from technical, regional, and subject matter
experts from a wide range of relevant disciplines, to review,
provide feedback, and evaluate proposals to ensure 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, as well as foreign allies and partner countries, to
maximize efficiencies and eliminate duplication of efforts;
and
(9) utilize any other methodology that is considered an
industry best practice in furtherance of the mission of the
Open Technology Fund.
(f) Grants to the Open Technology Fund.--Any agreement with
the Department of State or other Federal department or agency
governing the expenditure of amounts appropriated to the Open
Technology Fund shall be subject to the following limitations
and restrictions:
(1) The headquarters of the Open Technology Fund and its
senior administrative
[[Page S2905]]
and managerial staff shall be located in a location which
ensures economy, operational effectiveness, and public
accountability.
(2) Amounts appropriated by Congress to the Open Technology
Fund shall be made subject to an agreement that--
(A) requires such amounts be used only for activities
consistent with this section;
(B) permits the termination of such amounts without fiscal
obligation to the United States if the Open Technology Fund
fails to substantially comply the requirements set forth in
the grant;
(C) requires any contract entered into by the Open
Technology Fund to specify that all obligations are assumed
by the Open Technology Fund and not by the United States
Government;
(D) prohibits the Open Technology Fund from entering into
an obligation before receiving funding from the United States
Government; and
(E) requires any lease agreements entered into by the Open
Technology Fund to be assignable to the United States
Government, to the extent possible.
(3) 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 an
independent nonprofit corporation.
(4) Amounts appropriated by Congress to the Open Technology
Fund may not be used for any activity the purpose of which is
influencing the passage or defeat of legislation being
considered by Congress.
(g) Assistance to Broadcasting Entities.--The Open
Technology Fund should render assistance to broadcasting
entities and United States Government-supported exile media
grantees to the extent necessary for censorship circumvention
and secure communications.
(h) Not a Federal Agency or Instrumentality.--Nothing in
this section may be construed to make the Open Technology
Fund a Federal agency or instrumentality.
(i) Relationship to Other United States Government-funded
Internet Freedom Programs.--The Open Technology Fund shall
coordinate with internet freedom programs of the Department
of State and other relevant United States Government
departments, in order to share information and best-practices
relating to the implementation of subsections (d) and (e).
(j) 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 (d) and (e). Each such report shall include--
(1) an assessment of the current state of global internet
freedom, including trends in censorship and surveillance
technologies and internet shutdowns, and the threats such
pose to journalists, citizens, and human rights and civil-
society organizations; and
(2) a description of the technology projects supported by
the Open Technology Fund and the associated impact of such
projects in the prior year, including the countries and
regions in which such technologies were deployed, and any
associated metrics indicating audience usage of such
technologies, as well as future-year technology project
initiatives.
(k) Audit Authorities.--
(1) In general.--Financial transactions of the Open
Technology Fund relating 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 government accountability office.--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 is authorized to exercise the authorities of chapter 4
of title 5, United States Code (commonly referred to as the
``Inspector General Act of 1978''), with respect to the Open
Technology Fund.
(l) Global Internet Freedom.--Section 9707(d) of the
Department of State Authorization Act of 2002 (22 U.S.C.
6217(d)) is amended--
(1) in the subsection heading, by striking ``United States
Agency for Global Media'' and inserting ``Open Technology
Fund'';
(2) in paragraph (1), by striking ``the Chief Executive
Officer of the USAGM, in consultation with'';
(3) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``the USAGM or''; and
(4) in paragraph (3)--
(A) by striking the paragraph header and inserting ``open
technology fund'';
(B) in the matter preceding subparagraph (A), by striking
``The Chief Executive Officer of the USAGM, in consultation
with the President'' and inserting ``The President'';
(C) in subparagraph (A), by striking ``international
broadcasting programs and incorporate such programs into''
and inserting ``with international broadcasting programs to
advise on''; and
(D) in subparagraph (C), by striking ``in accordance with
USAGM's annual language service prioritization review'' and
inserting ``in consultation with international broadcasting
program priorities''.
(m) Repeal.--Section 309A of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6208a) is
repealed.
(n) Conforming Amendments.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is
amended--
(1) in section 304(d), by striking ``the Open Technology
Fund,'';
(2) in section 305(c)(1), by striking ``the Open Technology
Fund,'';
(3) in section 306(e)(1), by striking ``the Open Technology
Fund,''; and
(4) in section 310(d), by striking ``the Open Technology
Fund,''.
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