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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5537 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 5537

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2016

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 
2016'' or the ``Digital GAP Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to encourage the efforts of developing 
countries to improve mobile and fixed access to the Internet in order 
to spur economic growth and job creation, improve health, education, 
and financial services, reduce poverty and gender inequality, mitigate 
disasters, promote democracy and good governance, strengthen 
cybersecurity, and update the Department of State's structure to 
address cyberspace policy.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Since 2005, the number of Internet users has more than 
        tripled from 1 billion to 3.2 billion.
            (2) 4.2 billion people, 60 percent of the world's 
        population, remain offline and the growth rate of Internet 
        access is slowing. An estimated 75 percent of the offline 
        population lives in just 20 countries and is largely rural, 
        female, elderly, illiterate, and low-income.
            (3) Studies suggest that across the developing world, women 
        are nearly 50 percent less likely to access the Internet than 
        men living within the same communities, and that this digital 
        gender divide carries with it a great economic cost. According 
        to a study, ``Women and the Web'', bringing an additional 600 
        million women online would contribute $13 billion-$18 billion 
        to annual GDP across 144 developing countries.
            (4) Without increased Internet access, the developing world 
        risks falling behind.
            (5) Internet access in developing countries is hampered by 
        a lack of infrastructure and a poor regulatory environment for 
        investment.
            (6) Build-once policies and approaches are policies or 
        practices that minimize the number and scale of excavation and 
        construction activities when installing telecommunications 
        infrastructure in rights-of-way, thereby lowering the 
        installation costs for high-speed Internet networks and serve 
        as a development best practice.

SEC. 4. STATEMENT OF POLICY.

    Congress declares that it is the policy of the United States to 
partner, consult, and coordinate with the governments of foreign 
countries, international organizations, regional economic communities, 
businesses, civil society, and other stakeholders in a concerted effort 
to--
            (1) promote 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) promote Internet deployment and related coordination, 
        capacity building, and build-once policies and approaches in 
        developing countries, including actions to encourage--
                    (A) a build-once approach by standardizing the 
                inclusion of broadband conduit pipes which house fiber 
                optic communications cable that support broadband or 
                wireless facilities for broadband service as part of 
                rights-of-way projects, including sewers, power 
                transmission facilities, rail, pipelines, bridges, 
                tunnels, and roads, 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) national and local government agencies of 
                developing countries and donor governments and 
                organizations to coordinate road building, pipe laying, 
                and major infrastructure with the private sector so 
                that, for example, fiber optic cable could be laid 
                below roads at the time such roads are built; and
                    (C) international organizations to increase their 
                financial support, including grants and loans, and 
                technical assistance to expand information and 
                communications access and Internet connectivity;
            (3) promote 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 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) promote the removal of tax and regulatory barriers to 
        Internet access;
            (5) promote 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) promote the use of the Internet to bolster democracy, 
        government accountability, transparency, and human rights, 
        including--
                    (A) policies, initiatives, and investments, 
                including the development of national Internet plans, 
                that are consistent with United States human rights 
                goals, including freedom of expression, religion, and 
                association;
                    (B) policies and initiatives aimed at promoting the 
                multistakeholder model of Internet governance; and
                    (C) policies and 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) promote Internet access and inclusion into Internet 
        policymaking for women, people with disabilities, minorities, 
        low-income and marginalized groups, and underserved 
        populations; and
            (8) promote 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, globally 
        recognized cybersecurity standards and best practices.

SEC. 5. DEPARTMENT OF STATE ORGANIZATION.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of State should redesignate an existing Assistant Secretary 
position to be the Assistant Secretary for Cyberspace to lead the 
Department of State'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 should--
            (1) update existing training programs relevant to policy 
        discussions; and
            (2) promote the recruitment of candidates with technical 
        expertise into the Civil Service and the Foreign Service.
    (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 described in subsection (a) may not be construed as 
increasing the number of Assistant Secretary positions at the 
Department of State 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. 6. 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 directly through the United 
        States Government, through contracts funded by the United 
        States Government and by international organizations.

SEC. 7. 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) by 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. 8. 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 to promote gender-equitable 
        Internet access, in partnership with stakeholders and 
        consistent with host countries' absorptive capacity;
            (2) enhance coordination with stakeholders in increasing 
        affordable and gender-equitable access to the Internet;
            (3) integrate gender-equitable affordable Internet access 
        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;
            (4) standardize inclusion of broadband conduit--fiber optic 
        cables that support broadband or wireless facilities for 
        broadband service--as part of highway or highway-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;
            (5) 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 ones to 
        support market growth and development;
            (6) utilize clear, accountable, and metric-based targets, 
        including targets with gender-disaggregated metrics, to measure 
        the effectiveness of efforts to promote Internet access; and
            (7) promote and protect human rights online, such as the 
        freedoms of speech, assembly, association, religion, and 
        belief, through resolutions, public statements, projects, and 
        initiatives, and advocating that other member states of such 
        bodies are held accountable when major violations are 
        uncovered.

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, as 
well as international agencies funded by the United States Government 
for partnership with stakeholders, that contain 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 policy specified in 
section 4 and a discussion of the plans and existing efforts by the 
United States Government in developing countries to accomplish the 
following:
            (1) Develop a technical and regulatory road map for 
        promoting Internet access in developing countries and a path to 
        implementing such road map.
            (2) Identify the regulatory barriers that may unduly impede 
        Internet access, including regulation of wireline broadband 
        deployment or the infrastructure to augment wireless broadband 
        deployment.
            (3) Strengthen and support development of regulations that 
        incentivize market growth and sector development.
            (4) Encourage further public and private investment in 
        Internet infrastructure, including broadband networks and 
        services.
            (5) Increase gender-equitable Internet access and otherwise 
        encourage or support Internet deployment, competition, and 
        adoption.
            (6) Improve the affordability of Internet access.
            (7) Promote 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) Promote 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) Promote and strengthen the multistakeholder model of 
        Internet governance and actively participate in 
        multistakeholder international fora, such as the Internet 
        Governance Forum.

SEC. 11. CYBERSPACE STRATEGY.

    The President should include in the next White House Cyberspace 
Strategy information relating to the following:
            (1) Methods to promote Internet access in developing 
        countries.
            (2) Methods to globally promote cybersecurity policy 
        consistent with the National Institute of Standards and 
        Technology (NIST) Framework for Improving Critical 
        Infrastructure Cybersecurity.
            (3) Methods to promote global Internet freedom principles, 
        such as the freedoms of expression, assembly, association, and 
        religion, while combating efforts to impose restrictions on 
        such freedoms.

SEC. 12. DEFINITION.

    In this Act--
            (1) 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.
            (2) 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.
            (3) 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 September 7, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
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