[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 600 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  1st Session
                                H. R. 600


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2017

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
 To promote Internet access in developing countries and update foreign 
          policy toward the Internet, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Global Access Policy Act of 
2017'' or the ``Digital GAP Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to--
            (1) encourage the efforts of developing countries to 
        improve mobile and fixed access to the Internet in order to 
        catalyze innovation, spur economic growth and job creation, 
        improve health, education, and financial services, reduce 
        poverty and gender inequality, mitigate disasters, promote 
        democracy and good governance, and strengthen cybersecurity;
            (2) promote build once policies and approaches and the 
        multi-stakeholder approach to Internet governance; and
            (3) ensure the effective use of United States foreign 
        assistance resources toward this end.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The number of Internet users worldwide has more than 
        tripled from 1 billion to 3.2 billion since 2005, yet the 
        growth rate of Internet access is slowing. An estimated 4.2 
        billion people, or 60 percent of the world's population, remain 
        offline, an estimated 75 percent of the offline population 
        lives in just 20 countries, and rural, female, elderly, 
        illiterate, and low-income populations are being left behind.
            (2) Studies suggest that women across the developing world 
        are disproportionately affected by a digital gap, and that 
        bringing an additional 600 million women online would 
        contribute $13 billion to $18 billion to annual GDP across 144 
        developing countries.
            (3) Internet access in developing countries is most often 
        hampered by a lack of infrastructure and a poor regulatory 
        environment for investment.
            (4) Build once policies and approaches, which seek to 
        coordinate public and private sector investments in roads and 
        other critical infrastructure, can minimize the number and 
        scale of excavation and construction activities when installing 
        telecommunications infrastructure in rights-of-way, thereby 
        reducing installation costs for high-speed Internet networks 
        and serving as a development best practice.

SEC. 4. STATEMENT OF POLICY.

    Congress declares that it is the policy of the United States to 
consult, partner, and coordinate with the governments of foreign 
countries, international organizations, regional economic communities, 
businesses, civil society, and other stakeholders in a concerted effort 
to close the digital gap by promoting--
            (1) first-time Internet access to mobile or broadband 
        Internet for at least 1.5 billion people in developing 
        countries by 2020 in both urban and rural areas;
            (2) Internet deployment and related coordination, capacity 
        building, and build once policies and approaches in developing 
        countries, including actions to encourage--
                    (A) standardization of build once policies and 
                approaches for the inclusion of broadband conduit in 
                rights-of-way projects that are funded, co-funded, or 
                partially financed by the United States or any 
                international organization that includes the United 
                States as a member, in consultation with 
                telecommunications providers, unless a cost-benefit 
                analysis determines that the cost of such approach 
                outweighs the benefits;
                    (B) adoption and integration of build once policies 
                and approaches into the development and investment 
                strategies of national and local government agencies of 
                developing countries and donor governments and 
                organizations that will enhance coordination with the 
                private sector for road building, pipe laying, and 
                other major infrastructure projects; and
                    (C) provision of increased financial support by 
                international organizations, including through grants, 
                loans, and technical assistance, to expand information 
                and communications access and Internet connectivity;
            (3) policy changes that encourage first-time affordable 
        access to the Internet in developing countries, including 
        actions to encourage--
                    (A) integration of universal and gender-equitable 
                Internet access goals, to be informed by the collection 
                of related gender disaggregated data, and Internet 
                tools into national development plans and United States 
                Government country-level development strategies;
                    (B) reforms of competition laws and spectrum 
                allocation processes that may impede the ability of 
                companies to provide Internet services; and
                    (C) efforts to improve procurement processes to 
                help attract and incentivize investment in Internet 
                infrastructure;
            (4) the removal of tax and regulatory barriers to Internet 
        access;
            (5) the use of the Internet to increase economic growth and 
        trade, including--
                    (A) policies and strategies to remove restrictions 
                to e-commerce, cross-border information flows, and 
                competitive marketplaces; and
                    (B) entrepreneurship and distance learning enabled 
                by access to technology;
            (6) use of the Internet to bolster democracy, government 
        accountability, transparency, and human rights, including 
        through the establishments of policies, initiatives, and 
        investments that--
                    (A) support the development of national Internet 
                plans that are consistent with United States human 
                rights goals, including freedom of expression, 
                religion, assembly, and association;
                    (B) expand online access to government information 
                and services to enhance government accountability and 
                service delivery, including for areas in which 
                government may have limited presence;
                    (C) advance the principles of responsible Internet 
                governance, including commitments to maintain open and 
                equitable access; and
                    (D) support programs, research, and technologies 
                that safeguard human rights and fundamental freedoms 
                online, and enable political organizing and activism, 
                free speech, and religious expression that are in 
                compliance with international human rights standards;
            (7) Internet access and inclusion into Internet 
        policymaking for women, people with disabilities, minorities, 
        low-income and marginalized groups, and underserved 
        populations;
            (8) cybersecurity and data protection, including 
        international use of the National Institute of Standards and 
        Technology (NIST) Framework for Improving Critical 
        Infrastructure Cybersecurity, that are industry-led and 
        globally recognized cybersecurity standards and best practices; 
        and
            (9) inter-agency coordination and cooperation across all 
        executive branch agencies regarding the construction and 
        promotion of Internet initiatives as a greater part of United 
        States foreign policy.

SEC. 5. LEVERAGING INTERNATIONAL SUPPORT.

    In pursuing the policy described in section 4, the President should 
direct United States representatives to appropriate international 
bodies to use the influence of the United States, consistent with the 
broad development goals of the United States, to advocate that each 
such body--
            (1) commit to increase efforts and coordination to promote 
        affordable and gender-equitable Internet access, in partnership 
        with stakeholders and consistent with host countries' 
        absorptive capacity;
            (2) integrate affordable and gender-equitable Internet 
        access data into existing economic and business assessments, 
        evaluations, and indexes such as the Millennium Challenge 
        Corporation constraints analysis, the Doing Business Report, 
        International Monetary Fund Article IV assessments and country 
        reports, the Open Data Barometer, and the Affordability Drivers 
        Index;
            (3) standardize inclusion of broadband conduit as part of 
        highway or comparable construction projects in developing 
        countries, in consultation with telecommunications providers, 
        unless such inclusion would create an undue burden, is not 
        necessary based on the availability of existing broadband 
        infrastructure, or a cost-benefit analysis determines that the 
        cost outweighs the benefits;
            (4) provide technical assistance to the regulatory 
        authorities in developing countries to remove unnecessary 
        barriers to investment in otherwise commercially viable 
        projects and strengthen weak regulations or develop new 
        regulations to support market growth and development;
            (5) utilize clear, accountable, and metric-based targets, 
        including targets with gender-disaggregated data, to measure 
        the effectiveness of efforts to promote Internet access; and
            (6) promote and protect human rights online, such as the 
        freedoms of expression, religion, assembly, and association, 
        through resolutions, public statements, projects, and 
        initiatives, and advocate that other member states of such 
        bodies are held accountable when major violations are 
        uncovered.

SEC. 6. DEPARTMENT OF STATE ORGANIZATION.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of State should seek to enhance the efficiency and 
effectiveness of United States foreign assistance efforts to carry out 
the policies and objectives established by this Act, including by 
redesignating an existing Assistant Secretary position in the 
Department of State to be the Assistant Secretary for Cyberspace to 
lead the Department's diplomatic cyberspace policy generally, including 
for cybersecurity, Internet access, Internet freedom, and to promote an 
open, secure, and reliable information and communications technology 
infrastructure.
    (b) Activities.--In recognition of the added value of technical 
knowledge and expertise in the policymaking and diplomatic channels, 
the Secretary of State shall--
            (1) update existing training programs relevant to policy 
        discussions;
            (2) promote the recruitment of candidates with technical 
        expertise into the Civil Service and the Foreign Service; and
            (3) work to improve inter-agency coordination and 
        cooperation on cybersecurity and Internet initiatives.
    (c) Offset.--To offset any costs incurred by the Department of 
State to carry out the designation of an Assistant Secretary for 
Cyberspace in accordance with subsection (a), the Secretary of State 
shall eliminate such positions within the Department of State, unless 
otherwise authorized or required by law, as the Secretary determines to 
be necessary to fully offset such costs.
    (d) Rule of Construction.--The redesignation of the Assistant 
Secretary position in the Department of State described in subsection 
(a) may not be construed as increasing the number of Assistant 
Secretary positions at the Department above the current level of 24 as 
authorized in section 1(c)(1) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2651a(c)(1)).

SEC. 7. USAID.

    It is the sense of Congress that the Administrator of the United 
States Agency for International Development should--
            (1) integrate efforts to expand Internet access, develop 
        appropriate technologies, and enhance digital literacy into the 
        education, development, and economic growth programs of the 
        agency, where appropriate;
            (2) expand the utilization of information and 
        communications technologies in humanitarian aid and disaster 
        relief responses and United States operations involving 
        stabilization and security to improve donor coordination, 
        reduce duplication and waste, capture and share lessons 
        learned, and augment disaster preparedness and risk mitigation 
        strategies; and
            (3) establish and promote guidelines for the protection of 
        personal information of individuals served by humanitarian, 
        disaster, and development programs implemented directly through 
        the United States Government, through contracts funded by the 
        United States Government, and by international organizations.

SEC. 8. PEACE CORPS.

    Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended by--
            (1) redesignating subsection (h) as subsection (e); and
            (2) adding at the end the following new subsections:
    ``(f) It is the sense of Congress that access to technology can 
transform agriculture, community economic development, education, 
environment, health, and youth development which are the sectors in 
which Peace Corps currently develops positions for Volunteers.
    ``(g) In giving attention to the programs, projects, training, and 
other activities referred to in subsection (f), the Peace Corps should 
develop positions for Volunteers that are focused on leveraging 
technology for development, education, and social and economic 
mobility.''.

SEC. 9. PARTNERSHIP FRAMEWORK.

    Not later than 180 days after the date of the enactment of this 
Act, the President shall transmit to the Committee on Foreign Affairs 
of the House of Representatives and the Committee on Foreign Relations 
of the Senate plans to promote partnerships by United States 
development agencies, including the United States Agency for 
International Development and the Millennium Challenge Corporation, and 
international agencies funded by the United States Government with the 
private sector and other stakeholders to expand affordable and gender 
equitable access to the Internet in developing countries, including the 
following elements:
            (1) Methods for stakeholders to partner with such agencies 
        in order to provide Internet access or Internet infrastructure 
        in developing countries.
            (2) Methods of outreach to stakeholders to explore 
        partnership opportunities for expanding Internet access or 
        Internet infrastructure, including coordination with the 
        private sector, when financing roads and telecommunications 
        infrastructure.
            (3) Methods for early consultation with stakeholders 
        concerning projects in telecommunications and road construction 
        to provide Internet access or Internet infrastructure.

SEC. 10. REPORTING REQUIREMENT ON IMPLEMENTATION EFFORTS.

    Not later than 180 days after the date of the enactment of this 
Act, the President shall transmit to the Committee on Foreign Affairs 
of the House of Representatives and the Committee on Foreign Relations 
of the Senate a report on efforts to implement the policies specified 
in this Act and a discussion of the plans and existing efforts by the 
United States Government in developing countries to accomplish the 
following:
            (1) Developing a technical and regulatory road map for 
        promoting Internet access in developing countries and a path to 
        implementing such road map.
            (2) Identifying the regulatory barriers that may unduly 
        impede Internet access, including regulation of wireline 
        broadband deployment or the infrastructure to augment wireless 
        broadband deployment.
            (3) Strengthening and supporting development of regulations 
        that incentivize market growth and sector development.
            (4) Encouraging further public and private investment in 
        Internet infrastructure, including broadband networks and 
        services.
            (5) Increasing gender-equitable Internet access and 
        otherwise encourage or support Internet deployment, 
        competition, and adoption.
            (6) Improving the affordability of Internet access.
            (7) Promoting technology and cybersecurity capacity 
        building efforts and consult technical experts for advice 
        regarding options to accelerate the advancement of Internet 
        deployment, adoption, and usage.
            (8) Promoting Internet freedom globally and include civil 
        society and the private sector in the formulation of policies, 
        projects, and advocacy efforts to protect human rights online.
            (9) Promoting and strengthening the multi-stakeholder model 
        of Internet governance and actively participate in multi-
        stakeholder international fora, such as the Internet Governance 
        Forum.
            (10) Advancing a strategy to promote--
                    (A) global cybersecurity policy consistent with the 
                National Institute of Standards and Technology (NIST) 
                Framework for Improving Critical Infrastructure 
                Cybersecurity;
                    (B) global Internet freedom principles, such as the 
                freedoms of expression, religion, assembly, and 
                association, while combating efforts to impose 
                restrictions on such freedoms; and
                    (C) improved inter-agency coordination and 
                cooperation on cybersecurity and Internet initiatives.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Broadband.--The term ``broadband'' means an Internet 
        Protocol-based transmission service that enables users to send 
        and receive voice, video, data, graphics, or a combination 
        thereof.
            (2) Broadband conduit.--The term ``broadband conduit'' 
        means a conduit for fiber optic cables that support broadband 
        or wireless facilities for broadband service.
            (3) Build once policies and approaches.--The term ``build 
        once policies and approaches'' means policies or practices that 
        minimize the number and scale of excavation and construction 
        activities when installing telecommunications infrastructure in 
        rights-of-way.
            (4) Cyberspace.--The term ``cyberspace'' means the 
        interdependent network of information technology 
        infrastructures, and includes the Internet, telecommunications 
        networks, computer systems, and embedded processors and 
        controllers in critical industries, and includes the virtual 
        environment of information and interactions between people.
            (5) Stakeholders.--The term ``stakeholders'' means the 
        private sector, the public sector, cooperatives, civil society, 
        the technical community that develops Internet technologies, 
        standards, implementation, operations, and applications, and 
        other groups that are working to increase Internet access or 
        are impacted by the lack of Internet access in their 
        communities.

            Passed the House of Representatives January 24, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.