Sec. 30310. Development and deployment of internet freedom and Great Firewall circumvention tools for the people of Hong Kong
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/bill/117/hr/4521/pcs/section-30310·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress makes the following findings: The People’s Republic of China
(PRC)has repeatedly violated its obligations under the Joint Declaration by suppressing the basic rights and freedoms of the people of Hong Kong. On June 30, 2020, the National People’s Congress passed a National Security Law that further erodes Hong Kong’s autonomy and enables authorities to suppress dissent. The Government of the PRC continues to utilize the National Security Law to undermine the fundamental rights of the Hong Kong people through suppression of the freedom of speech, assembly, religion, and the press. Article 9 of the National Security Law authorizes unprecedented regulation and supervision of internet activity in Hong Kong, including expanded police powers to force internet service providers to censor content, hand over user information, and block access to platforms. On January 13, 2021, the Hong Kong Broadband Network blocked public access to HK Chronicles, a website promoting pro-democracy viewpoints, under the authorities of the National Security Law. On February 12, 2021, internet service providers blocked access to the Taiwan Transitional Justice Commission website in Hong Kong. Major tech companies, including Facebook, Twitter, WhatsApp and Google, have stopped reviewing requests for user data from Hong Kong authorities. On February 28, 2021, 47 pro-democracy activists in Hong Kong were arrested and charged under the National Security Law on the charge of conspiracy to commit subversion . It is the sense of Congress that the United States should— support the ability of the people of Hong Kong to maintain their freedom to access information online; and focus on investments in technologies that facilitate the unhindered exchange of information in Hong Kong in advance of any future efforts by the Chinese Communist Party— to suppress internet access; to increase online censorship; or to inhibit online communication and content-sharing by the people of Hong Kong. The Secretary of State is authorized to establish a working group to develop a strategy to bolster internet resiliency and online access in Hong Kong. The working group under subparagraph
(A)shall consist of— the Under Secretary of State for Civilian Security, Democracy, and Human Rights; the Assistant Secretary of State for East Asian and Pacific Affairs; the Chief Executive Officer of the United States Agency for Global Media and the President of the Open Technology Fund of the Agency; and the Administrator of the United States Agency for International Development. The Secretary of State shall establish a Hong Kong Internet Freedom Program in the Bureau of Democracy, Human Rights, and Labor in the Department of State. The President of the Open Technology Fund of the United States Agency for Global Media is authorized to establish a Hong Kong Internet Freedom Program. The Programs referred to in subparagraphs
(A)and
(B)shall operate independently, but in strategic coordination with other entities in the working group under paragraph (1). The Open Technology Fund shall remain independent from Department of State direction in its implementation of the Program of such Fund, and any other internet freedom programs. During the period beginning on the date of the enactment of this Act and ending on September 30, 2023, the Hong Kong Internet Freedom Programs described in paragraph
(2)shall be carried out independently from any other internet freedom programs relating to the People’s Republic of China carried out by the Department of State or the Open Technology Fund of the United States Agency for Global Media, as the case may be, in order that such Hong Kong Internet Freedom Programs may focus on supporting liberties presently enjoyed by the people of Hong Kong. Beginning on October 1, 2023, the Secretary of State may— consolidate the Hong Kong Internet Freedom Program of the Department of State with any other internet freedom programs relating to the People’s Republic of China carried out by the Bureau of Democracy, Human Rights, and Labor; or continue to carry out the Program in accordance with paragraph (3). Beginning on October 1, 2023, the President of the Open Technology Fund of the United States Agency for Global Media may— consolidate the Hong Kong Internet Freedom Program of the Fund with any other internet freedom programs relating to the People’s Republic of China carried out by the Fund; or continue to carry out the Program in accordance with paragraph (3). The Secretary of State, working through the Bureau of Democracy, Human Rights, and Labor, and President of the Open Technology Fund of the United States Agency for Global Media, are each separately and independently authorized to award grants and contracts to private organizations to support and develop programs in Hong Kong that promote or expand— an open, interoperable, reliable and secure internet; and the online exercise of human rights and fundamental freedoms of individual citizens, activists, human rights defenders, independent journalists, civil society organizations, and marginalized populations in Hong Kong. The goals of the programs developed pursuant to grants awarded pursuant to subparagraph
(A)should be— to make the internet available in Hong Kong; to increase the number of the tools in the technology portfolio; to promote the availability of such technologies and tools in Hong Kong; to encourage the adoption of such technologies and tools by the people of Hong Kong; to scale up the distribution of such technologies and tools throughout Hong Kong; to prioritize the development of tools, components, code, and technologies that are fully open-source, to the extent practicable; to conduct research on repressive tactics that undermine internet freedom in Hong Kong; to ensure digital safety guidance and support is available to repressed individual citizens, human rights defenders, independent journalists, civil society organizations and marginalized populations in Hong Kong; and to engage United States private industry, including e-commerce firms and social networking companies, on the importance of preserving internet access in Hong Kong. Grants awarded pursuant to subparagraph
(A)shall be distributed to multiple vendors and suppliers through an open, fair, competitive, and evidence-based decision process— to diversify the technical base; and to reduce the risk of misuse by bad actors. New technologies developed using grants awarded pursuant to subparagraph
(A)shall undergo comprehensive security audits to ensure such technologies are secure and have not been compromised in a manner detrimental to the interests of the United States or to individuals or organizations benefitting from programs supported by the Open Technology Fund. The Secretary of State is authorized to expend funds made available to the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor of the Department of State for each of fiscal years 2022 and 2023 for grants authorized under paragraph
(1)by any entity in the working group established under subsection (c)(1). In addition to the funds authorized to be expended pursuant to paragraph (2), there are authorized to be appropriated to the Open Technology Fund of the United States Agency for Global Media $5,000,000 for each of fiscal years 2022 and 2023 for grants to carry out this subsection. Such amounts are in addition to any amounts authorized to be appropriated for the Open Technology Fund under section 1299P of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). In addition to the funds authorized to be expended pursuant to paragraph (2), there are authorized to be appropriated to the Office of Internet Freedom Programs of the Bureau of Democracy, Human Rights, and Labor of the Department of State $10,000,000 for each of fiscal years 2022 and 2023 to carry out this subsection. Amounts authorized to be appropriated pursuant to subparagraphs
(A)and
(B)shall remain available until expended. Not later than 120 days after the date of the enactment of this Act, the Secretary of State and the working group under subsection (c)(1) shall submit to the appropriate congressional committees a classified report that— describes the Federal Government’s plan to bolster and increase the availability of Great Firewall circumvention and internet freedom technology in Hong Kong during fiscal year 2022; outlines a plan for— supporting the preservation of an open, interoperable, reliable, and secure internet in Hong Kong; increasing the supply of the technology referred to in paragraph (1); accelerating the dissemination of such technology; promoting the availability of internet freedom in Hong Kong; utilizing presently-available tools in the existing relevant portfolios for further use in the unique context of Hong Kong; expanding the portfolio of tools in order to diversify and strengthen the effectiveness and resiliency of the circumvention efforts; providing training for high-risk groups and individuals in Hong Kong; and detecting analyzing, and responding to new and evolving censorship threats; includes a detailed description of the technical and fiscal steps necessary to safely implement the plans referred to in paragraphs
(1)and (2), including an analysis of the market conditions in Hong Kong; describes the Federal Government’s plans for awarding grants to private organizations for the purposes described in subsection (d)(1)(A); outlines the working group’s consultations regarding the implementation of this section to ensure that all Federal efforts are aligned and well coordinated; and outlines the Department of State’s strategy to influence global internet legal standards at international organizations and multilateral fora. In this section: The term appropriate congressional committees means— the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate ; and the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. The term Joint Declaration means the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984.
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Sec. 30310
Development and deployment of internet freedom and Great Firewall circumvention tools for the people of Hong Kong
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