Sec. 306. Development and deployment of internet freedom and circumvention tools for the people of Hong Kong
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Congress makes the following findings: The PRC has repeatedly violated its obligations under the Joint Declaration by suppressing the basic rights and freedoms of Hong Kongers. 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 PRC continues to utilize the National Security Law to undermine the fundamental rights of the people of Hong Kong 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 Hong Kong users’ 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 shall establish a Hong Kong Internet Freedom Program in the Bureau of Democracy, Human Rights, and Labor of the Department of State which shall include a working group dedicated to developing a strategy to bolster internet resiliency and online access in Hong Kong (in this subsection, the Program ). The working group 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; the President of the Open Technology Fund; the Administrator of the United States Agency for International Development; and the Ambassador-at-large for Cyberspace and Digital Policy;
During the period beginning on the date of the enactment of this Act and ending on September 30, 2027, the Program shall be carried out independent from internet freedom programs focused on the rest of the PRC. Beginning on October 1, 2026, the Secretary of State may— consolidate the Program with the mainland China initiatives in the Bureau of Democracy, Human Rights, and Labor; or continue to carry out the Program in accordance with paragraph (2). The Secretary of State, working with the Administrator of the United States Agency for International Development and the President of the Open Technology fund as appropriate, are authorized to award grants and contracts to private organizations to support and develop programs in Hong Kong that promote or expand— 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 with grants authorized under paragraph
(1)should be— to support unrestricted access to the internet in Hong Kong; to increase the availability of internet freedom tools in 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 information on digital safety is available to human rights defenders, independent journalists, civil society organizations, and marginalized populations in Hong Kong; and to engage private industry, including e-commerce firms and social networking companies, on the importance of preserving unrestricted internet access in Hong Kong. Grants authorized under this subsection 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 authorized under this subsection shall undergo comprehensive security audits to ensure that 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 these funds. There is authorized to be appropriated to the Open Technology Fund $2,000,000 for each of fiscal years 2025 through 2029 to carry out this section. This funding is in addition to the funds authorized for the Open Technology Fund pursuant to section 309A of United States International Broadcasting Act of 1994 ( 22 U.S.C. 6208a ). In addition to the funds authorized to be made available pursuant to paragraph (1), there is authorized to be appropriated to the Office of Internet Freedom Programs in the Bureau of Democracy, Human Rights, and Labor of the Department of State $2,000,000 for each of fiscal years 2025 through 2029 to carry out this section.
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Sec. 306
Development and deployment of internet freedom and circumvention tools for the people of Hong Kong
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