22 U.S.C. § 6217 — Global internet freedom

(a) Statement of policy. The United States policy is to promote internet freedom through Department and USAID programs that preserve and expand the internet as an open, worldwide place for freedom of expression and association. These programs must prioritize countries whose governments restrict online expression and countries important to U.S. national interests.

(b) Purpose and coordination. Global internet-freedom programming—
(1) must coordinate with other U.S. foreign-assistance programs that promote democracy and support civil society’s efforts to (A) oppose repressive internet laws and regulations, including threats to internet freedom at international organizations; (B) fight violence against bloggers and other civil-society activists who use the internet; and (C) improve digital-security training and capacity for democracy activists;
(2) must seek to help efforts to (A) research major threats to internet freedom; (B) continue developing technologies that provide or improve internet access, including tools that bypass blocking, filtering, and other censorship by authoritarian governments; and (C) keep the Federal Government technologically ahead of those censorship methods; and
(3) must be included in country-assistance and democracy-promotion strategies when appropriate.

(c) Appropriations. For fiscal year 2023, Congress may appropriate—
(1) $75,000,000 to the Department and USAID to continue global internet-freedom efforts. To the maximum practicable extent, nonfederal sources, including private companies, must match this money; and
(2) $49,000,000 to the United States Agency^* for Global Media (USAGM) and its grantees for internet freedom and circumvention technologies designed (A) to securely develop and distribute USAGM digital content using open-source tools and methods; (B) to let audiences reach that content on censored websites; (C) to coordinate distribution to targeted regional audiences; and (D) to promote and distribute those tools and methods, including digital-security methods.

(d) USAGM activities. (1) For each new tool or method authorized under subsection (c)(2), USAGM’s Chief Executive Officer, consulting the Open Technology Fund’s President (the “OTF”) and relevant federal departments and agencies, must annually certify to the appropriate congressional committees^* that the risks and benefits were evaluated and safeguards were established to minimize illicit use.
(2) The Secretary may not direct USAGM or OTF programs or policy. The Secretary may share research and development with relevant federal departments and agencies only to share information, technologies, and best practices and to assess how effective the technologies are.
(3) The Chief Executive Officer, consulting the OTF President, must coordinate international broadcasting and include it in country strategies when appropriate; seek project proposals through an open, transparent, competitive process, including technical and subject-matter experts’ input; and support circumvention tools and methods for audiences in OTF strategic-priority countries, consistent with USAGM’s annual language-service prioritization review.

(e) USAGM report. Within 120 days after December 23, 2022, the USAGM Chief Executive Office must report to the appropriate congressional committees. As of the report date, it must describe (1)(A) the full scope of USAGM internet-freedom programs, including the Office of Internet Freedom and OTF; (B) the capacity of circumvention tools supported by those offices and OTF grantees for people abroad seeking to counter censors; and (C) barriers to providing those efforts, including access to surge funding. It must also give successful examples involving (2)(A) rapid responses to shutdowns in closed societies and (B) uninterrupted circumvention services for USAGM entities promoting internet freedom in repressive regimes.

(f) Joint report. Within 60 days after December 23, 2022, the Secretary and USAID Administrator must jointly report to the appropriate congressional committees; the report may include a classified annex. As of the report date, it must describe (1)(A) the full scope of Department and USAID programs, including Department circumvention work and USAID support for internet infrastructure; (B) the capacity of federal-government-supported circumvention tools available to people abroad seeking to counter censors; and (C) barriers to the efforts listed in subsection (e)(1)(A), including surge-funding access. It must also describe (2) new resources needed to give the Federal Government greater ability to provide and increase internet access, including (A) rapid responses to shutdowns in closed societies and (B) connectivity to foreign places where extra service would promote freedom from repressive regimes.

(g) Security audits. Before support is provided for open-source technologies under this section, comprehensive security audits must show that the technologies are secure and have not been compromised in a way harmful to U.S. interests or to people and organizations benefiting from the funded programs.

(h) Surge. (1) Subject to paragraph (2), up to $2,500,000 may be appropriated, in addition to other available amounts, for internet-freedom programs in closed societies, including programs (A) carried out during crises by vetted entities already engaged in internet-freedom programs; (B) involving circumvention tools; or (C) increasing overseas bandwidth for companies that received federal funding during the previous fiscal year.
(2) That money may not be spent until the Secretary certifies to the appropriate congressional committees and the Senate and House Appropriations Committees that its use is in the national interest of the United States.

(i) Defined term. “Internet censorship circumvention tool” means a software application or other tool an individual can use to evade foreign-government restrictions on internet access. This section does not otherwise define that term.