S. 861 — Introduced in Senate

II 118th CONGRESS 1st Session S. 861 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. Short title This Act may be cited as the Protecting Against Tyrants by Restoring Internet Access and Yielding Vital Interconnectivity in Designated Areas Act of 2023 or the PATRIA Y VIDA Act of 2023. 2. Transmission of internet access service; circumvention technology (a) Definitions In this section: (1) Applicable official The term applicable official means the Secretary of State or the Administrator of the Federal Emergency Management Agency. (2) Commission The term Commission means the Federal Communications Commission. (3) Eligible company The term eligible company means a United States company that— (A) provides internet censorship circumvention tools that have a demonstrated capability to service significant numbers of simultaneous user sessions; and (B) has the capacity to scale up operations in response to foreign internet censorship activity. (4) Internet censorship circumvention tool 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. (b) Capacity To transmit internet (1) Transmission in foreign countries The Secretary of State, in consultation with the Assistant Secretary of Commerce for Communications and Information, the Commission, the Chief Executive Officer of the United States Agency for Global Media, the Administrator of the Federal Emergency Management Agency, the Administrator of the Federal Aviation Administration, and the Secretary of Defense, shall obtain and maintain the capacity of the United States Government to transmit internet access service to locations in foreign countries where the provision of additional internet access service would promote freedom from repressive regimes. (2) Transmission in the United States The Administrator of the Federal Emergency Management Agency, in consultation with the Assistant Secretary of Commerce for Communications and Information, the Commission, and the Administrator of the Federal Aviation Administration, shall obtain and maintain the capacity of the United States Government to transmit internet access service to locations in the United States in the case of emergency-related network disruptions. (3) Duties of consulted agencies A Federal agency with which the applicable official consults under paragraph (1) or (2) shall provide any and all authorizations and support that the applicable official determines necessary to carry out internet restoration as provided in the applicable paragraph. (4) Consultation with other Federal agencies The applicable official may consult with other Federal agencies, in addition to the Federal agencies described in paragraph (1) or (2), as the applicable official determines appropriate. (c) Circumvention technologies (1) Identification The Commission, in consultation with the Secretary of State and each other Federal agency described in subsection (b)(1), shall identify internet censorship circumvention tools that are designed to and can effectively counter large-scale internet censorship activity by foreign governments. (2) Surge funding The Commission, when necessary due to increased demand for internet censorship circumvention tools because of internet censorship activity by a foreign government, shall rapidly provide funding for eligible companies to provide internet censorship circumvention tools to individuals in that country. (d) Report Not later than 60 days after the date of enactment of this Act, the Commission and the Chief Executive Officer of the United States Agency for Global Media shall jointly submit to Congress a report that describes— (1) as of the date of the report— (A) the capacity of the United States Government to transmit internet access service— (i) in foreign countries to circumvent censorship; and (ii) in the United States in the case of emergency-related network disruptions; and (B) the capacity of internet censorship circumvention tools that are available to be used by individuals in foreign countries seeking to counteract censors; and (2) any new resources needed to provide the United States Government with more robust capacity to— (A) transmit internet access service— (i) in foreign countries to circumvent censorship; and (ii) in the United States in the case of emergency-related network disruptions; and (B) rapidly provide funding for companies to provide internet censorship circumvention tools to evade foreign government restrictions on internet access.