[Congressional Record Volume 165, Number 84 (Monday, May 20, 2019)]
[House]
[Pages H3970-H3973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                DIGITAL GLOBAL ACCESS POLICY ACT OF 2019

  Mr. ENGEL. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1359) to promote Internet access in developing countries and 
update foreign policy toward the Internet, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1359

       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 2019'' or the ``Digital GAP Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to--
       (1) encourage the efforts of developing countries to 
     improve and secure 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, and 
     promote free speech, democracy, and good governance;
       (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 that end.

     SEC. 3. FINDINGS.

       Congress makes the following findings:

[[Page H3971]]

       (1) Internet access has been a driver of economic activity 
     around the world. Bringing Internet access to the more than 
     4,000,000,000 people who do not have it could increase global 
     economic output by $6,700,000,000,000 and raise 500,000,000 
     people out of poverty.
       (2) The number of Internet users has more than tripled from 
     1,000,000,000 to over 3,000,000,000 since 2005, including 
     2,000,000,000 living in the developing world, yet more than 
     half of the world's population remains offline, living 
     without the economic and social benefits of the Internet. By 
     the end of 2016, over 80 percent of households in the 
     developed world had Internet access, compared with just 40 
     percent of households in developing countries and just 11 
     percent in the world's least developed countries. Of the 
     world's offline population, an estimated 75 percent live in 
     just 20 countries, and rural, female, elderly, illiterate, 
     and low-income populations are being left behind.
       (3) Studies suggest that women are disproportionately 
     affected by a digital gap in developing countries, where 
     there are on average 23 percent fewer women online then men. 
     Bringing an additional 600,000,000 women online could 
     contribute $13,000,000,000 to $18,000,000,000 to annual GDP 
     across 144 developing countries.
       (4) The United States has been a leader in promoting access 
     to an open, secure, interoperable Internet around the world. 
     Recognizing that support for expanded Internet access 
     furthers United States economic and foreign policy interests, 
     including efforts to end extreme global poverty and enabling 
     resilient, democratic societies, the Department of State 
     launched a diplomatic effort called ``Global Connect''.
       (5) Internet access in developing countries is hampered, in 
     part, by a lack of infrastructure and a poor regulatory 
     environment for investment. Build-once policies and 
     approaches, which seek to coordinate public and private 
     sector investments in roads and other critical 
     infrastructure, can reduce 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. EXPANDING INTERNET ACCESS IN DEVELOPING COUNTRIES.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Energy and Commerce, and the Committee on Appropriations of 
     the House of Representatives.
       (2) 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, using technologies including fiber 
     optic, mobile, satellite, and Wi-Fi.
       (3) Broadband conduit.--The term ``broadband conduit'' 
     means a conduit for fiber optic cables and other connectivity 
     technologies that support broadband or wireless facilities 
     for broadband service.
       (4) Build-once policies and approaches.--The term ``build-
     once policies and approaches'' means policies or practices 
     that encourage the integration of Internet infrastructure 
     into traditional infrastructure projects that minimize the 
     number and scale of excavation and construction activities 
     when installing telecommunications infrastructure in rights-
     of-way to reduce costs, such as by laying fiber optic cable 
     simultaneously with road construction.
       (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.
       (b) Policy.--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 increasing public and private investments in secure 
     Internet infrastructure and creating conditions for universal 
     Internet access and usage worldwide by promoting--
       (1) first-time access to fixed or mobile broadband Internet 
     by 2027 for at least 1,500,000,000 people living in urban and 
     rural areas in developing countries;
       (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, major infrastructure projects, and 
     development-related construction such as schools, clinics, 
     and civic buildings;
       (C) provision of increased financial support by 
     international organizations, including through grants, loans, 
     technical assistance, and partnerships to expand information 
     and communications access and Internet connectivity; and
       (D) avoidance of vendors and contractors likely to be 
     subject to extrajudicial direction from a foreign government;
       (3) policy and regulatory approaches that promote a 
     competitive market for investment and innovation in Internet 
     infrastructure and service to encourage first-time, 
     affordable access to the Internet in developing countries, 
     including actions to encourage, as appropriate--
       (A) the integration of universal and gender-equitable 
     Internet access and adoption goals, to be informed by the 
     collection of related gender disaggregated data and research 
     on social norms that often limit women's and girls' use of 
     the Internet, into national development plans and United 
     States Government country-level strategies;
       (B) effective, transparent, and efficient spectrum 
     allocation processes and reforms of competition laws 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 secure Internet 
     infrastructure;
       (4) the removal of tax and regulatory barriers to Internet 
     access, as appropriate;
       (5) the use of the Internet to increase economic growth and 
     trade, including, as appropriate--
       (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) the use of the Internet to bolster democracy, 
     government accountability, transparency, gender equity, and 
     human rights, including through the establishment of 
     policies, initiatives, and investments that--
       (A) support the development of national broadband plans or 
     information and communication technologies strategies that 
     are consistent with fundamental civil and political rights, 
     including freedom of expression, religion, belief, 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; and
       (C) support expression of free speech and enable political 
     organizing and activism in support of human rights and 
     democracy through activities that expand access to 
     independent sources of news and information and safeguard 
     human rights and fundamental freedoms online, in compliance 
     with international human rights standards;
       (7) programs and mechanisms that actively promote and 
     advance access to and adoption of Internet and other 
     information and communications technologies by women, people 
     with disabilities, minorities, low-income and marginalized 
     groups, and underserved populations, such as programs that 
     address social norms and barriers to women's active 
     participation in the digital economy or Internet 
     policymaking;
       (8) mechanisms for public and private financing of rural 
     broadband connectivity and digital inclusion;
       (9) public Internet access facilities and Wi-Fi networks in 
     places such as libraries, government buildings, community 
     centers, and schools;
       (10) the creation and support of research and educational 
     networks;
       (11) cybersecurity, data protection, and privacy, including 
     international use of the latest version of the National 
     Institute of Standards and Technology Framework for Improving 
     Critical Infrastructure Cybersecurity; and
       (12) interagency coordination and cooperation across all 
     executive branch agencies regarding the promotion of Internet 
     initiatives as a part of United States foreign policy.
       (c) Department of State.--The Secretary of State, in 
     coordination with other agencies, multilateral institutions, 
     foreign countries, and stakeholders, shall advance the policy 
     articulated in this Act and promote expanded Internet 
     connectivity worldwide, as appropriate, by--
       (1) encouraging foreign countries to prioritize secure 
     Internet connectivity in development plans;
       (2) promoting the formation of region-specific multi-sector 
     working groups to ensure technical and regulatory best 
     practices; and
       (3) encouraging the development of digital literacy 
     programs in developing countries.
       (d) USAID.--The Administrator of the United States Agency 
     for International Development (USAID) should advance the 
     policy articulated in this Act and support expanded Internet 
     connectivity worldwide, as appropriate, by--
       (1) supporting efforts to expand secure Internet 
     infrastructure and improve digital literacy, and other 
     appropriate measures to improve Internet connectivity and 
     usage, in close coordination with the Secretary of State;
       (2) encouraging public and private investment in Internet 
     infrastructure and services

[[Page H3972]]

     of developing countries that takes into consideration the 
     data security and integrity risks attendant to the products 
     and services of vendors likely to be subject to extrajudicial 
     direction from a foreign government;
       (3) integrating efforts to expand Internet access, develop 
     appropriate, sustainable, and equitable technologies, and 
     enhance digital literacy and the availability of relevant 
     local content across development sectors, such as USAID 
     health, education, agriculture, and economic development 
     programs;
       (4) expanding the utilization of information and 
     communications technologies in humanitarian aid and disaster 
     relief responses and United States operations involving 
     reconstruction and stabilization to improve donor 
     coordination, reduce duplication and waste, capture and share 
     lessons learned, and augment disaster preparedness and risk 
     mitigation strategies;
       (5) establishing and promoting guidelines for the 
     protection of personal information of individuals served by 
     humanitarian, disaster, and development programs directly 
     through the United States Government, and through contracts 
     funded by the United States Government and by international 
     organizations; and
       (6) establishing programs that directly address and seek to 
     close gaps in access, adoption, and use of the Internet and 
     other information and communications technologies by women, 
     minorities, and other marginalized groups.
       (e) Peace Corps.--Section 3 of the Peace Corps Act (22 
     U.S.C. 2502) is amended--
       (1) by redesignating subsection (h) as subsection (e); and
       (2) by adding at the end the following:
       ``(f) It is the sense of Congress that access to the 
     Internet can transform agriculture, community economic 
     development, education, environment, health, and youth 
     development, which are the sectors in which Peace Corps 
     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 
     include leveraging the Internet, as appropriate, for 
     development, education, and social and economic mobility.''.
       (f) Leveraging International Support.--In pursuing the 
     policy described in this Act, 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, open, 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 reports, 
     International Monetary Fund Article IV assessments and 
     country reports, and the Affordability Drivers Index;
       (3) standardize the inclusion of broadband conduit as part 
     of highway or comparable construction projects in developing 
     countries, in consultation with telecommunications providers, 
     unless--
       (A) such inclusion would create an undue burden;
       (B) such inclusion is not necessary based on the 
     availability of existing broadband infrastructure;
       (C) such inclusion would require the incorporation of the 
     hardware, software, or maintenance of vendors likely to be 
     subject to extrajudicial direction from a foreign government; 
     or
       (D) a cost-benefit analysis determines that the cost of 
     such inclusion outweighs the benefits;
       (4) provide technical assistance to the regulatory 
     authorities in developing countries to remove unnecessary 
     barriers to investment and develop 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, belief, assembly, and 
     association, through resolutions, public statements, 
     projects, and initiatives, and advocating that member states 
     of such bodies are held accountable for violations.
       (g) Reporting Requirement on Implementation Efforts.--Not 
     later than one year after the date of the enactment of this 
     Act, the President shall submit to the appropriate 
     congressional committees a report on efforts to implement the 
     policy described in this Act and, to the extent practicable, 
     describe efforts by the United States Government to--
       (1) provide technical and regulatory assistance to promote 
     Internet access in developing countries;
       (2) strengthen and support development of regulations that 
     incentivize market growth that contributes to increased 
     Internet access in developing countries;
       (3) encourage public and private investment in Internet 
     infrastructure, including broadband networks and services, in 
     developing countries;
       (4) increase gender-equitable Internet access and close 
     gender gaps in Internet and other information and 
     communications technology adoption and use, especially in 
     countries in which social norms limit such adoption and use 
     by women and girls, and otherwise encourage or support 
     Internet deployment, competition, and adoption; and
       (5) conduct outreach and explore partnership opportunities 
     with the private sector on activities that advance the policy 
     described in this Act.

     SEC. 5. COST LIMITATION.

       No additional funds are authorized to be appropriated to 
     carry out the provisions of this Act.

     SEC. 6. RULE OF CONSTRUCTION.

       Nothing in this Act may be construed to infringe upon the 
     related functions of any Executive agency (as defined in 
     section 105 of title 5, United States Code) vested in such 
     agency under any other provision of law.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Engel) and the gentleman from Texas (Mr. Wright) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 1359.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ENGEL. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, when we talk about our development efforts around the 
world, we often focus on very big concepts, promoting democracy and 
human rights, making governments more open and accountable, expanding 
economic opportunity.
  Those are, of course, very important ideas, and we need to keep those 
big-picture goals in mind. But we also need to be working constantly to 
develop the specific day-to-day tools and efforts that will help us 
advance towards those goals.
  In the 21st century, a lot of those tools have to do with technology. 
Think of the way the internet has changed the global economy; the way 
technology has improved communication; the sharing of information; the 
ability of people to participate in worldwide markets and 
conversations.
  Now, think of the fact that 4 billion people around the developing 
world do not have access to the internet; think of the untapped 
potential, the number of people who cannot participate in a constantly 
expanding online marketplace of goods and services and ideas.
  The number of people with stories to tell, whether they are about 
life in remote communities or the corruption of a repressive 
government, but who cannot get their hands on the modern-day tools we 
use to communicate with one another; the number of people who cannot 
get information about a new opportunity or an impending disaster 
because they don't have a laptop or a smart phone.
  As technology continues to rush forward in so many aspects of modern 
life, unfortunately, far too many people are being left behind. This 
bill aims to help close that so-called digital gap.
  This legislation would push the State Department, USAID, the Peace 
Corps, and American representatives in international bodies to 
incorporate internet access into development planning.
  There are a number of ways we want to do this:
  Through diplomacy, advising other governments to prioritize this 
issue; through development, by incorporating this priority into our 
work on the ground, especially with respect to women, minorities, and 
other marginalized groups; and in the international and multilateral 
groups conducting assessments and evaluations of development progress, 
we want to see access to the internet as an important goal and metric.
  This legislation builds on our country's longstanding leadership role 
in this area.
  Let's not forget, the United States created and advanced the internet 
in the first place, and Congress has been working on this for decades, 
starting with the High Performance Computing Act of 1991, which is 
credited for helping create the first internet browser.
  It is an important legacy to build on. And it coincides with an 
important foreign policy goal.
  So I want to thank Mr. Wright of Texas, this bill's author, along 
with

[[Page H3973]]

Ranking Member McCaul and Representatives Lieu and Bera, two able 
members of the Foreign Affairs Committee for their hard work.
  I am glad to support this measure, and I reserve the balance of my 
time.
  Mr. WRIGHT. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of the Digital GAP Act of 
2019, which I was proud to introduce with Ranking Member McCaul and 
Representatives Lieu and Bera.
  In our increasingly connected world, internet access is a tremendous 
driver of economic growth. But 60 percent of the world's population 
remains offline and out of reach of U.S. businesses, organizations, and 
educators--largely due to a lack of telecommunications infrastructure.
  The Digital GAP Act will promote commonsense ``build once'' policies 
to help ensure that companies have opportunities to incorporate 
telecommunications into new infrastructure construction projects.
  This will provide opportunities to the private sector and reduce the 
cost of bringing new communities online.
  The bill also presses for the removal of onerous tax and regulatory 
barriers to Internet access, and calls on the State Department, USAID, 
and other government agencies, to partner with businesses to increase 
private investment in internet infrastructure in developing countries.
  As we compete overseas with an increasingly aggressive China, we must 
make America's assistance and development strategies more effective.
  Bills like the Digital GAP Act and the Championing American Business 
through Diplomacy Act, which passed 2 weeks ago, will do just that by 
strengthening the United States partnership with the private sector.
  Madam Speaker, I urge my colleagues to support this bipartisan 
legislation, and I yield back the balance of my time.
  Mr. ENGEL. Madam Speaker, the internet is an incredible tool that has 
shaped the world in the last generation.
  It allows entrepreneurs in emerging markets to sell their products in 
global markets. It allows citizens and journalists living under 
oppressive regimes or in war zones to get information out to the world.
  This bill will establish that our foreign policy is to help advance 
these positive developments.
  I urge its passage. It passed the House in the last Congress, and I 
hope the other body will take it up soon.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Engel) that the House suspend the rules 
and pass the bill, H.R. 1359.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________