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

Summary

The United States must fund and run programs at the Department of State and USAID to keep the internet open and free around the world. These programs must focus on countries that block online speech and on places important to U.S. interests. They must work with other democracy support efforts to fight repressive internet laws, protect bloggers and activists from violence, teach digital safety, study threats to internet freedom, build and improve tools that restore access (like software that gets around censorship), and keep U.S. technology ahead of censorship systems. For fiscal year 2023, $75,000,000 is authorized for the Department and USAID (to be matched by non-federal sources where possible). An additional $49,000,000 is authorized for the U.S. Agency for Global Media (USAGM) and its grantees to support open-source tools that help create, secure, reach, and distribute censored digital content and to teach digital security. The USAGM must have its CEO annually certify new tools have had risks reviewed and safeguards to reduce illegal use. The Secretary may not run USAGM or the Open Technology Fund (OTF) programs, but can share research with other federal agencies to improve technologies. The USAGM must coordinate broadcasting, run an open competitive process for projects, and support circumvention tools for OTF priority regions. Not later than 120 days after December 23, 2022, USAGM must report to Congress on its internet freedom work, tool capacity, barriers, and rapid-response examples. The Secretary and USAID Administrator must give a joint report within 60 days after December 23, 2022, on government and USAID programs, tool capacity, barriers, and any new resources needed to respond to shutdowns or boost access. All open-source tech supported must pass full security audits first. Up to $2,500,000 more can be appropriated for emergency support in closed societies, but the Secretary must certify such spending is in the national interest before funds are used. An “internet censorship circumvention tool” is any software or tool a person uses to get around foreign government internet blocks.

Title 22, §6217

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Statement of policy

It is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries—

(1)whose governments restrict freedom of expression on the internet; and

(2)that are important to the national interest of the United States.

(b)Purpose and coordination with other programs

Global internet freedom programming under this section— (1)

(2)shall seek to assist efforts—

(A)to research key threats to internet freedom;

(B)to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and

(C)to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and

(3)shall be incorporated into country assistance and democracy promotion strategies, as appropriate.

(c)Authorization of appropriations

There are authorized to be appropriated for fiscal year 2023—

(1)$75,000,000 to the Department and USAID, to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and

(2)$49,000,000 to the United States Agency for Global Media (referred to in this section as the “USAGM”) and its grantees, for internet freedom and circumvention technologies that are designed—

(A)for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees;

(B)to facilitate audience access to such digital content on websites that are censored;

(C)to coordinate the distribution of such digital content to targeted regional audiences; and

(D)to promote and distribute such tools and techniques, including digital security techniques.

(d)United States Agency for Global Media activities

(1)Annual certification

For any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USAGM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the “OTF”) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they—

(A)have evaluated the risks and benefits of such new tools or techniques; and

(B)have established safeguards to minimize the use of such new tools or techniques for illicit purposes.

(2)Information sharing

The Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of— (A)

(B)assessing the effectiveness of such technologies.

(3)United States Agency for Global Media

The Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall—

(A)coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate;

(B)solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and

(C)support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review.

(e)USAGM report

Not later than 120 days after December 23, 2022, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes—

(1)as of the date of the report—

(A)the full scope of internet freedom programs within the USAGM, including—

(i)the efforts of the Office of Internet Freedom; and

(ii)the efforts of the Open Technology Fund;

(B)the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and

(C)any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and

(2)successful examples from the Office of Internet Freedom and Open Technology Fund involving—

(A)responding rapidly to internet shutdowns in closed societies; and

(B)ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes.

(f)Joint report

Not later than 60 days after December 23, 2022, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes—

(1)as of the date of the report—

(A)the full scope of internet freedom programs within the Department and USAID, including—

(i)Department circumvention efforts; and

(ii)USAID efforts to support internet infrastructure;

(B)the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and

(C)any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and

(2)any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access—

(A)to respond rapidly to internet shutdowns in closed societies; and

(B)to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes.

(g)Security audits

Before providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding.

(h)Surge

(1)Authorization of appropriations

Subject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, up to $2,500,000 to support internet freedom programs in closed societies, including programs that—

(A)are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs;

(B)involve circumvention tools; or

(C)increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year.

(2)Certification

Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States.

(i)Defined term

In this section, the term “internet censorship circumvention tool” means a software application or other tool that an individual can use to evade foreign government restrictions on internet access.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Department of State Authorization Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the United States International Broadcasting Act of 1994 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions For definitions of terms used in this section, see section 9002 of Pub. L. 117–263, set out as a note under section 2651 of this title.

§6217 Global Internet Freedom

Summary

Title 22, §6217

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata