II 

118TH CONGRESS 

1ST SESSION S. 861 

To require the United States Government to obtain and maintain the capacity 

to transmit internet access service abroad and domestically in case of 

emergency-related disruptions, and to strengthen support for circumvention technologies that allow users to evade government-backed censorship. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2023 

Mr. RUBIO (for himself, Mr. SCOTT of Florida, and Mr. HAGERTY) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL 

To require the United States Government to obtain and 

maintain the capacity to transmit internet access service 

abroad and domestically in case of emergency-related 

disruptions, and to strengthen support for circumvention 

technologies that allow users to evade government-backed 

censorship. 

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 ‘‘Protecting Against Ty5 rants by Restoring Internet Access and Yielding Vital 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 861 IS

1 Interconnectivity in Designated Areas Act of 2023’’ or the 

2 ‘‘PATRIA Y VIDA Act of 2023’’. 

3 SEC. 2. TRANSMISSION OF INTERNET ACCESS SERVICE; 

4 CIRCUMVENTION TECHNOLOGY. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPLICABLE OFFICIAL.—The term ‘‘appli7 cable official’’ means the Secretary of State or the 

8 Administrator of the Federal Emergency Manage9 ment Agency. 

10 (2) COMMISSION.—The term ‘‘Commission’’ 

11 means the Federal Communications Commission. 

12 (3) ELIGIBLE COMPANY.—The term ‘‘eligible 

13 company’’ means a United States company that— 

14 (A) provides internet censorship cir15 cumvention tools that have a demonstrated ca16 pability to service significant numbers of simul17 taneous user sessions; and 

18 (B) has the capacity to scale up operations 

19 in response to foreign internet censorship activ20 ity. 

21 (4) INTERNET CENSORSHIP CIRCUMVENTION

22 TOOL.—The term ‘‘internet censorship circumven23 tion tool’’ means a software application or other tool 

24 that an individual can use to evade foreign govern25 ment restrictions on internet access. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 861 IS

1 (b) CAPACITY TO TRANSMIT INTERNET.— 

2 (1) TRANSMISSION IN FOREIGN COUNTRIES.— 

3 The Secretary of State, in consultation with the As4 sistant Secretary of Commerce for Communications 

5 and Information, the Commission, the Chief Execu6 tive Officer of the United States Agency for Global 

7 Media, the Administrator of the Federal Emergency 

8 Management Agency, the Administrator of the Fed9 eral Aviation Administration, and the Secretary of 

10 Defense, shall obtain and maintain the capacity of 

11 the United States Government to transmit internet 

12 access service to locations in foreign countries where 

13 the provision of additional internet access service 

14 would promote freedom from repressive regimes. 

15 (2) TRANSMISSION IN THE UNITED STATES.— 

16 The Administrator of the Federal Emergency Man17 agement Agency, in consultation with the Assistant 

18 Secretary of Commerce for Communications and In19 formation, the Commission, and the Administrator 

20 of the Federal Aviation Administration, shall obtain 

21 and maintain the capacity of the United States Gov22 ernment to transmit internet access service to loca23 tions in the United States in the case of emergency24 related network disruptions. 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 861 IS

1 (3) DUTIES OF CONSULTED AGENCIES.—A 

2 Federal agency with which the applicable official 

3 consults under paragraph (1) or (2) shall provide 

4 any and all authorizations and support that the ap5 plicable official determines necessary to carry out 

6 internet restoration as provided in the applicable 

7 paragraph. 

8 (4) CONSULTATION WITH OTHER FEDERAL

9 AGENCIES.—The applicable official may consult with 

10 other Federal agencies, in addition to the Federal 

11 agencies described in paragraph (1) or (2), as the 

12 applicable official determines appropriate. 

13 (c) CIRCUMVENTION TECHNOLOGIES.— 

14 (1) IDENTIFICATION.—The Commission, in con15 sultation with the Secretary of State and each other 

16 Federal agency described in subsection (b)(1), shall 

17 identify internet censorship circumvention tools that 

18 are designed to and can effectively counter large19 scale internet censorship activity by foreign govern20 ments. 

21 (2) SURGE FUNDING.—The Commission, when 

22 necessary due to increased demand for internet cen23 sorship circumvention tools because of internet cen24 sorship activity by a foreign government, shall rap25 idly provide funding for eligible companies to provide 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 861 IS

1 internet censorship circumvention tools to individ2 uals in that country. 

3 (d) REPORT.—Not later than 60 days after the date 

4 of enactment of this Act, the Commission and the Chief 

5 Executive Officer of the United States Agency for Global 

6 Media shall jointly submit to Congress a report that de7 scribes— 

8 (1) as of the date of the report— 

9 (A) the capacity of the United States Gov10 ernment to transmit internet access service— 

11 (i) in foreign countries to circumvent 

12 censorship; and 

13 (ii) in the United States in the case of 

14 emergency-related network disruptions; 

15 and 

16 (B) the capacity of internet censorship cir17 cumvention tools that are available to be used 

18 by individuals in foreign countries seeking to 

19 counteract censors; and 

20 (2) any new resources needed to provide the 

21 United States Government with more robust capac22 ity to— 

23 (A) transmit internet access service— 

24 (i) in foreign countries to circumvent 

25 censorship; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 861 IS

1 (ii) in the United States in the case of 

2 emergency-related network disruptions; 

3 and 

4 (B) rapidly provide funding for companies 

5 to provide internet censorship circumvention 

6 tools to evade foreign government restrictions 

7 on internet access. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB