II 

116TH CONGRESS 

2D SESSION S. 3820 

To amend the United States International Broadcasting Act of 1994 to 

authorize the Open Technology Fund of the United States Agency for 

Global Media, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2020 

Mrs. BLACKBURN (for herself, Mr. MENENDEZ, Mr. SCOTT of Florida, and 

Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To amend the United States International Broadcasting Act 

of 1994 to authorize the Open Technology Fund of the 

United States Agency for Global Media, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Open Technology Fund 

5 Authorization Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The political, economic, and social benefits 

2 of the internet are important to advancing democ3 racy and freedom throughout the world. 

4 (2) Authoritarian governments are investing bil5 lions of dollars each year to create, maintain, and 

6 expand repressive internet censorship and surveil7 lance systems to limit free association, control access 

8 to information, and prevent citizens from exercising 

9 their rights to free speech. 

(3) Over 2 10 ⁄3 of the world’s population live in 

11 countries in which the internet is restricted. Govern12 ments shut down the internet more than 200 times 

13 every year. 

14 (4) Internet censorship and surveillance tech15 nology is rapidly being exported around the world, 

16 particularly by the Government of the People’s Re17 public of China, enabling widespread abuses by au18 thoritarian governments. 

19 SEC. 3. SENSE OF CONGRESS. 

20 It is the sense of Congress that it is in the interest 

21 of the United States— 

22 (1) to promote global internet freedom by coun23 tering internet censorship and repressive surveil24 lance; 

25 (2) to protect the internet as a platform for— 


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1 (A) the free exchange of ideas; 

2 (B) the promotion of human rights and de3 mocracy; and 

4 (C) the advancement of a free press; and 

5 (3) to support efforts that prevent the delib6 erate misuse of the internet to repress individuals 

7 from exercising their rights to free speech and asso8 ciation, including countering the use of such tech9 nologies by authoritarian regimes. 

10 SEC. 4. ESTABLISHMENT OF THE OPEN TECHNOLOGY 

11 FUND. 

12 (a) IN GENERAL.—The United States International 

13 Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is 

14 amended by inserting after section 309 the following: 

15 ‘‘SEC. 309A. OPEN TECHNOLOGY FUND. 

16 ‘‘(a) AUTHORITY.— 

17 ‘‘(1) ESTABLISHMENT.—There is established a 

18 grantee entity, to be known as the ‘Open Technology 

19 Fund’, which shall carry out this section. 

20 ‘‘(2) IN GENERAL.—Grants authorized under 

21 section 305 shall be available to award annual 

22 grants to the Open Technology fund for the purpose 

23 of— 


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1 ‘‘(A) promoting, consistent with United 

2 States law, unrestricted access to uncensored 

3 sources of information via the internet; and 

4 ‘‘(B) enabling journalists, including jour5 nalists employed by or affiliated with the Voice 

6 of America, Radio Free Europe/Radio Liberty, 

7 Radio Free Asia, the Middle East Broadcasting 

8 Networks, the Office of Cuba Broadcasting, or 

9 any entity funded by or partnering with the 

10 United States Agency for Global Media to cre11 ate and disseminate news and information con12 sistent with the purposes, standards, and prin13 ciples specified in sections 302 and 303. 

14 ‘‘(b) USE OF GRANT FUNDS.—The Open Technology 

15 Fund shall use grant funds received pursuant to sub16 section (a)(2)— 

17 ‘‘(1) to advance freedom of the press and unre18 stricted access to the internet in repressive environ19 ments oversees; 

20 ‘‘(2) to research, develop, implement, and main21 tain— 

22 ‘‘(A) technologies that circumvent tech23 niques used by authoritarian governments, 

24 nonstate actors, and others to block or censor 

25 access to the internet, including circumvention 


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1 tools that bypass internet blocking, filtering, 

2 and other censorship techniques used to limit or 

3 block legitimate access to content and informa4 tion; and 

5 ‘‘(B) secure communication tools and other 

6 forms of privacy and security technology that 

7 facilitate the creation and distribution of news 

8 and enable audiences to access media content 

9 on censored websites; 

10 ‘‘(3) to advance internet freedom by supporting 

11 private and public sector research, development, im12 plementation, and maintenance of technologies that 

13 provide secure and uncensored access to the internet 

14 to counter attempts by authoritarian governments, 

15 nonstate actors, and others to improperly restrict 

16 freedom online; 

17 ‘‘(4) to research and analyze emerging technical 

18 threats and develop innovative solutions through col19 laboration with the private and public sectors to 

20 maintain the technological advantage of the United 

21 States Government over authoritarian governments, 

22 nonstate actors, and others; 

23 ‘‘(5) to develop, acquire, and distribute requisite 

24 internet freedom technologies and techniques for the 

25 United States Agency for Global Media, in accordVerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820

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1 ance with paragraph (2), and digital security inter2 ventions, to fully enable the creation and distribution 

3 of digital content between and to all users and re4 gional audiences; 

5 ‘‘(6) to prioritize programs for countries, the 

6 governments of which restrict freedom of expression 

7 on the internet, that are important to the national 

8 interest of the United States in accordance with sec9 tion 7050(b)(2)(C) of the Department of State, For10 eign Operations, and Related Programs Appropria11 tions Act, 2020 (division G of Public Law 116–94); 

12 and 

13 ‘‘(7) to carry out any other effort consistent 

14 with the purposes of this Act or press freedom over15 seas if requested or approved by the United States 

16 Agency for Global Media. 

17 ‘‘(c) METHODOLOGY.—In carrying out subsection 

18 (b), the Open Technology Fund shall— 

19 ‘‘(1)(A) support fully open-source tools, code, 

20 and components, to the extent practicable, to ensure 

21 such supported tools and technologies are as secure, 

22 transparent, and accessible as possible; and 

23 ‘‘(B) require that any such tools, components, 

24 code, or technology supported by the Open TechVerDate Sep 11 2014 02:56 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3820.IS S3820

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1 nology Fund remain fully open-source, to the extent 

2 practicable; 

3 ‘‘(2) support technologies that undergo com4 prehensive security audits to ensure that such tech5 nologies are secure and have not been compromised 

6 in a manner detrimental to the interests of the 

7 United States or to individuals or organizations ben8 efitting from programs supported by the Open Tech9 nology Fund; 

10 ‘‘(3) review and periodically update, as nec11 essary, security auditing procedures used by the 

12 Open Technology Fund to reflect current industry 

13 security standards; 

14 ‘‘(4) establish safeguards to mitigate the use of 

15 such supported technologies for illicit purposes; 

16 ‘‘(5) solicit project proposals through an open, 

17 transparent, and competitive application process to 

18 attract innovative applications and reduce barriers to 

19 entry; 

20 ‘‘(6)(A) seek input from technical, regional, and 

21 subject matter experts from a wide range of relevant 

22 disciplines; and 

23 ‘‘(B) to review, provide feedback, and evaluate 

24 proposals to ensure that the most competitive 

25 projects are funded; 


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1 ‘‘(7) implement an independent review process, 

2 through which proposals are reviewed by such ex3 perts to ensure the highest degree of technical re4 view and due diligence; 

5 ‘‘(8) maximize cooperation with the public and 

6 private sectors, foreign allies, and partner countries 

7 to maximize efficiencies and eliminate duplication of 

8 efforts; and 

9 ‘‘(9) utilize any other methodology approved by 

10 the United States Agency for Global Media in fur11 therance of the mission of the Open Technology 

12 Fund. 

13 ‘‘(d) GRANT AGREEMENT.—Any grant agreement 

14 with, or grants made to, the Open Technology Fund under 

15 this section shall be subject to the following limitations 

16 and restrictions: 

17 ‘‘(1) The headquarters of the Open Technology 

18 Fund and its senior administrative and managerial 

19 staff shall be located in a location which ensures 

20 economy, operational effectiveness, and account21 ability to the United States Agency for Global 

22 Media. 

23 ‘‘(2) Grants awarded under this section shall be 

24 made pursuant to a grant agreement requiring 

25 that— 


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1 ‘‘(A) grant funds are only used on activi2 ties consistent with this section; and 

3 ‘‘(B) failure to comply with such require4 ment shall result in termination of the grant 

5 without further fiscal obligation to the United 

6 States. 

7 ‘‘(3) Each grant agreement under this section 

8 shall require that each contract entered into by the 

9 Open Technology Fund specify that all obligations 

10 are assumed by the grantee and not by the United 

11 States Government. 

12 ‘‘(4) Each grant agreement under this section 

13 shall require that any lease agreements entered into 

14 by the Open Technology Fund shall be, to the max15 imum extent possible, assignable to the United 

16 States Government. 

17 ‘‘(5) Administrative and managerial costs for 

18 operation of the Open Technology Fund— 

19 ‘‘(A) should be kept to a minimum; and 

20 ‘‘(B) to the maximum extent feasible, 

21 should not exceed the costs that would have 

22 been incurred if the Open Technology Fund had 

23 been operated as a Federal entity rather than 

24 as a grantee. 


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1 ‘‘(6) Grant funds may not be used for any ac2 tivity whose purpose is influencing the passage or 

3 defeat of legislation considered by Congress. 

4 ‘‘(e) RELATIONSHIP TO THE UNITED STATES AGEN5 CY FOR GLOBAL MEDIA.— 

6 ‘‘(1) IN GENERAL.—The Open Technology 

7 Fund shall be subject to the oversight and govern8 ance by the United States Agency for Global Media 

9 in accordance with section 305. 

10 ‘‘(2) ASSISTANCE.—The United States Agency 

11 for Global Media, its broadcast entities, and the 

12 Open Technology Fund should render such assist13 ance to each other as may be necessary to carry out 

14 the purposes of this section or any other provision 

15 under this Act. 

16 ‘‘(3) NOT A FEDERAL AGENCY OR INSTRUMEN17 TALITY.—Nothing in this section may be construed 

18 to make the Open Technology Fund an agency or in19 strumentality of the Federal Government. 

20 ‘‘(4) DETAILEES.—Employees of a grantee of 

21 the United States Agency for Global Media may be 

22 detailed to the Agency, in accordance with the Inter23 governmental Personnel Act of 1970 (42 U.S.C. 

24 4701 et seq.) and Federal employees may be detailed 


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1 to a grantee of the United States Agency for Global 

2 Media, in accordance with such Act. 

3 ‘‘(f) RELATIONSHIP TO OTHER UNITED STATES

4 GOVERNMENT-FUNDED INTERNET FREEDOM PRO5 GRAMS.—The United States Agency for Global Media 

6 shall ensure that internet freedom research and develop7 ment projects of the Open Technology Fund are decon8 flicted with internet freedom programs of the Department 

9 of State and other relevant United States Government de10 partments. Agencies should still share information and 

11 best practices relating to the implementation of sub12 sections (b) and (c). 

13 ‘‘(g) REPORTING REQUIREMENTS.— 

14 ‘‘(1) ANNUAL REPORT.—The Open Technology 

15 Fund shall highlight, in its annual report, internet 

16 freedom activities, including a comprehensive assess17 ment of the Open Technology Fund’s activities relat18 ing to the implementation of subsections (b) and (c), 

19 which shall include— 

20 ‘‘(A) an assessment of the current state of 

21 global internet freedom, including— 

22 ‘‘(i) trends in censorship and surveil23 lance technologies and internet shutdowns; 

24 and 


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1 ‘‘(ii) the threats such pose to journal2 ists, citizens, and human rights and civil 

3 society organizations; and 

4 ‘‘(B) a description of the technology 

5 projects supported by the Open Technology 

6 Fund and the associated impact of such 

7 projects in the most recently completed year, in8 cluding— 

9 ‘‘(i) the countries and regions in 

10 which such technologies were deployed; 

11 ‘‘(ii) any associated metrics indicating 

12 audience usage of such technologies; and 

13 ‘‘(iii) future-year technology project 

14 initiatives. 

15 ‘‘(2) ASSESSMENT OF THE EFFECTIVENESS OF

16 THE OPEN TECHNOLOGY FUND.—Not later than 2 

17 years after the date of the enactment of this section, 

18 the Inspector General of the Department of State 

19 and the Foreign Service shall submit a report to the 

20 appropriate congressional committees that indi21 cates— 

22 ‘‘(A) whether the Open Technology Fund 

23 is— 

24 ‘‘(i) technically sound; 

25 ‘‘(ii) cost effective; and 


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1 ‘‘(iii) satisfying the requirements 

2 under this section; and 

3 ‘‘(B) the extent to which the interests of 

4 the United States are being served by maintain5 ing the work of the Open Technology Fund. 

6 ‘‘(h) AUDIT AUTHORITIES.— 

7 ‘‘(1) IN GENERAL.—Financial transactions of 

8 the Open Technology Fund that relate to functions 

9 carried out under this section may be audited by the 

10 Government Accountability Office in accordance with 

11 such principles and procedures and under such rules 

12 and regulations as may be prescribed by the Comp13 troller General of the United States. Any such audit 

14 shall be conducted at the place or places at which 

15 accounts of the Open Technology Fund are normally 

16 kept. 

17 ‘‘(2) ACCESS BY GAO.—The Government Ac18 countability Office shall have access to all books, ac19 counts, records, reports, files, papers, and property 

20 belonging to or in use by the Open Technology Fund 

21 pertaining to financial transactions as may be nec22 essary to facilitate an audit. The Government Ac23 countability Office shall be afforded full facilities for 

24 verifying transactions with any assets held by de25 positories, fiscal agents, and custodians. All such 


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1 books, accounts, records, reports, files, papers, and 

2 property of the Open Technology Fund shall remain 

3 in the possession and custody of the Open Tech4 nology Fund. 

5 ‘‘(3) EXERCISE OF AUTHORITIES.—Notwith6 standing any other provision of law, the Inspector 

7 General of the Department of State and the Foreign 

8 Service is authorized to exercise the authorities of 

9 the Inspector General Act of 1978 with respect to 

10 the Open Technology Fund.’’. 

11 (b) CONFORMING AMENDMENTS.—The United States 

12 International Broadcasting Act of 1994 is amended— 

13 (1) in section 304(d) (22 U.S.C. 6203(d)), by 

14 inserting ‘‘the Open Technology Fund,’’ before ‘‘the 

15 Middle East Broadcasting Networks’’; 

16 (2) in sections 305(a)(20) and 310(c) (22 

17 U.S.C. 6204(a)(20) and 6209(c)), by inserting ‘‘the 

18 Open Technology Fund,’’ before ‘‘or the Middle East 

19 Broadcasting Networks’’ each place such term ap20 pears; and 

21 (3) in section 310 (22 U.S.C. 6209), by insert22 ing ‘‘the Open Technology Fund,’’ before ‘‘and the 

23 Middle East Broadcasting Networks’’ each place 

24 such term appears. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated for the Open Technology 

3 Fund, which shall be used to carry out section 309A of 

4 the United States International Broadcasting Act of 1994, 

5 as added by subsection (a)— 

6 (1) $20,000,000 for fiscal year 2021; and 

7 (2) $25,000,000 for fiscal year 2022. 

Æ 


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