[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2238 Reported in Senate (RS)]
<DOC>
Calendar No. 719
118th CONGRESS
2d Session
S. 2238
To direct the Assistant Secretary of Commerce for Communications and
Information to develop a National Strategy to Close the Digital Divide,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11, 2023
Mr. Wicker (for himself, Mr. Lujan, Mr. Thune, Mr. Welch, Mr. Padilla,
Mr. Lankford, and Mr. Tuberville) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and
Transportation
December 17 (legislative day, December 16), 2024
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To direct the Assistant Secretary of Commerce for Communications and
Information to develop a National Strategy to Close the Digital Divide,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Proper Leadership to Align
Networks for Broadband Act'' or the ``PLAN for Broadband
Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Commerce, Science,
and Transportation of the Senate; and</DELETED>
<DELETED> (B) the Committee on Energy and Commerce
of the House of Representatives.</DELETED>
<DELETED> (2) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Commerce for
Communications and Information.</DELETED>
<DELETED> (3) Covered agencies.--The term ``covered
agencies'' means--</DELETED>
<DELETED> (A) the Federal Communications
Commission;</DELETED>
<DELETED> (B) the Department of
Agriculture;</DELETED>
<DELETED> (C) the National Telecommunications and
Information Administration;</DELETED>
<DELETED> (D) the Department of Health and Human
Services;</DELETED>
<DELETED> (E) the Appalachian Regional
Commission;</DELETED>
<DELETED> (F) the Delta Regional
Authority;</DELETED>
<DELETED> (G) the Economic Development
Administration;</DELETED>
<DELETED> (H) the Department of Education;</DELETED>
<DELETED> (I) the Department of the
Treasury;</DELETED>
<DELETED> (J) the Department of
Transportation;</DELETED>
<DELETED> (K) the Institute of Museum and Library
Services;</DELETED>
<DELETED> (L) the Northern Border Regional
Commission;</DELETED>
<DELETED> (M) the Department of Housing and Urban
Development; and</DELETED>
<DELETED> (N) the Department of the
Interior.</DELETED>
<DELETED> (4) Federal broadband program.--The term ``Federal
broadband program'' means any program administered by a covered
agency that is directly or indirectly intended to increase the
deployment of, access to, the affordability of, or the adoption
of broadband internet access service.</DELETED>
<DELETED> (5) Implementation plan.--The term
``Implementation Plan'' means the implementation plan developed
under section 4(a).</DELETED>
<DELETED> (6) State.--The term ``State'' means each State of
the United States, the District of Columbia, and each
commonwealth, territory, or possession of the United
States.</DELETED>
<DELETED> (7) Strategy.--The term ``Strategy'' means the
National Strategy to Close the Digital Divide developed under
section 3(a).</DELETED>
<DELETED>SEC. 3. NATIONAL STRATEGY TO CLOSE THE DIGITAL
DIVIDE.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary, in consultation with
the heads of the covered agencies, shall develop and submit to the
appropriate committees of Congress a National Strategy to Close the
Digital Divide to--</DELETED>
<DELETED> (1) support better management of Federal broadband
programs to deliver on the goal of providing high-speed,
affordable broadband internet access service to all individuals
in the United States;</DELETED>
<DELETED> (2) synchronize interagency coordination among
covered agencies for Federal broadband programs;</DELETED>
<DELETED> (3) synchronize interagency coordination regarding
the process for approving the grant of an easement, right of
way, or lease to, in, over, or on a building or any other
property owned by the Federal Government for the right to
install, construct, modify, or maintain infrastructure with
respect to broadband internet access service; and</DELETED>
<DELETED> (4) reduce barriers, lower costs, and ease
administrative burdens for State, local, and Tribal governments
to participate in Federal broadband programs.</DELETED>
<DELETED> (b) Required Contents.--The Strategy shall--</DELETED>
<DELETED> (1) list all--</DELETED>
<DELETED> (A) Federal broadband programs;
and</DELETED>
<DELETED> (B) programs that exist at the State and
local levels that are directly or indirectly intended
to increase the deployment of, access to, the
affordability of, or the adoption of broadband internet
access service;</DELETED>
<DELETED> (2) describe current, as of the date on which the
Strategy is submitted, Federal efforts to coordinate Federal
broadband programs;</DELETED>
<DELETED> (3) identify gaps and limitations, including laws,
that hinder, or may hinder, coordination across Federal
broadband programs;</DELETED>
<DELETED> (4) establish clear roles and responsibilities for
the heads of the covered agencies, as well as clear goals,
objectives, and performance measures, for--</DELETED>
<DELETED> (A) the management of all Federal
broadband programs; and</DELETED>
<DELETED> (B) interagency coordination efforts with
respect to Federal broadband programs;</DELETED>
<DELETED> (5) address the cost of the Strategy, the sources
and types of resources and investments needed to carry out the
Strategy, and where those resources and investments should be
targeted based on balancing risk reductions with
costs;</DELETED>
<DELETED> (6) address factors that increase the costs and
administrative burdens for State, local, and Tribal governments
with respect to participation in Federal broadband
programs;</DELETED>
<DELETED> (7) recommend incentives, legislative solutions,
and administrative actions to help State, local, and Tribal
governments more efficiently--</DELETED>
<DELETED> (A) distribute, and effectively
administer, funding received from Federal broadband
programs; and</DELETED>
<DELETED> (B) resolve conflicts with respect to the
funding described in subparagraph (A);</DELETED>
<DELETED> (8) recommend incentives, legislative solutions,
and administrative actions to--</DELETED>
<DELETED> (A) improve the coordination and
management of Federal broadband programs; and</DELETED>
<DELETED> (B) eliminate duplication with respect to
Federal broadband programs;</DELETED>
<DELETED> (9) describe current, as of the date on which the
Strategy is submitted, efforts by covered agencies to
streamline the process for granting access to an easement,
right of way, or lease to, in, over, or on a building or any
other property owned by the Federal Government for the right to
install, construct, modify, or maintain infrastructure with
respect to broadband internet access service;</DELETED>
<DELETED> (10) identify gaps and limitations with respect to
allowing regional, interstate, or cross-border economic
development organizations to participate in Federal broadband
programs; and</DELETED>
<DELETED> (11) address specific issues relating to closing
the digital divide on Tribal lands.</DELETED>
<DELETED> (c) Public Consultation.--In developing the Strategy, the
Assistant Secretary shall consult with--</DELETED>
<DELETED> (1) groups that represent consumers or the
interests of the public, including economically or socially
disadvantaged individuals;</DELETED>
<DELETED> (2) subject matter experts;</DELETED>
<DELETED> (3) providers of broadband internet access
service;</DELETED>
<DELETED> (4) Tribal entities; and</DELETED>
<DELETED> (5) State and local agencies and
entities.</DELETED>
<DELETED>SEC. 4. IMPLEMENTATION PLAN.</DELETED>
<DELETED> (a) In General.--Not later than 120 days after the date on
which the Assistant Secretary submits the Strategy to the appropriate
committees of Congress under section 3(a), the Assistant Secretary
shall develop and submit to the appropriate committees of Congress an
implementation plan for the Strategy.</DELETED>
<DELETED> (b) Required Contents.--The Implementation Plan shall, at
a minimum--</DELETED>
<DELETED> (1) provide a plan for implementing the roles,
responsibilities, goals, objectives, and performance measures
for the management of Federal broadband programs and
interagency coordination efforts identified in the
Strategy;</DELETED>
<DELETED> (2) provide a plan for holding the covered
agencies accountable for the roles, responsibilities, goals,
objectives, and performance measures identified in the
Strategy;</DELETED>
<DELETED> (3) describe the roles and responsibilities of the
covered agencies, and the interagency mechanisms, to coordinate
the implementation of the Strategy;</DELETED>
<DELETED> (4) provide a plan for regular meetings among the
heads of the covered agencies to coordinate the implementation
of the Strategy and improve coordination among Federal
broadband programs and for permitting processes for
infrastructure with respect to broadband internet access
service;</DELETED>
<DELETED> (5) provide a plan for regular engagement with
interested members of the public to evaluate Federal broadband
programs, permitting processes for infrastructure with respect
to broadband internet access service, and progress in
implementing the Strategy;</DELETED>
<DELETED> (6) with respect to the awarding of Federal funds
or subsidies to support the deployment of broadband internet
access service, provide a plan for the adoption of--</DELETED>
<DELETED> (A) common data sets regarding those
awards, including a requirement that covered agencies
use the maps created under title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et seq.);
and</DELETED>
<DELETED> (B) applications regarding those awards,
as described in section 903(e) of the ACCESS BROADBAND
Act (47 U.S.C. 1307(e));</DELETED>
<DELETED> (7) provide a plan to monitor and reduce waste,
fraud, and abuse in Federal broadband programs, including
wasteful spending resulting from fragmented, overlapping, and
unnecessarily duplicative programs;</DELETED>
<DELETED> (8) require consistent obligation and expenditure
reporting by covered agencies for Federal broadband programs,
which shall be consistent with section 903(c)(2) of the ACCESS
BROADBAND Act (47 U.S.C. 1307(c)(2));</DELETED>
<DELETED> (9) provide a plan to increase awareness of, and
participation and enrollment in, Federal broadband programs
relating to the affordability and adoption of broadband
internet access service; and</DELETED>
<DELETED> (10) describe the administrative and legislative
action that is necessary to carry out the Strategy.</DELETED>
<DELETED> (c) Public Comment.--Not later than 30 days after the date
on which the Assistant Secretary submits the Strategy to the
appropriate committees of Congress under section 3(a), the Assistant
Secretary shall seek public comment regarding the development and
implementation of the Implementation Plan.</DELETED>
<DELETED>SEC. 5. BRIEFINGS AND IMPLEMENTATION.</DELETED>
<DELETED> (a) Briefing.--Not later than 21 days after the date on
which the Assistant Secretary submits the Implementation Plan to the
appropriate committees of Congress under section 4(a), the Assistant
Secretary, and appropriate representatives from the covered agencies
involved in the formulation of the Strategy, shall provide a briefing
on the implementation of the Strategy to the appropriate committees of
Congress.</DELETED>
<DELETED> (b) Implementation.--</DELETED>
<DELETED> (1) In general.--The Assistant Secretary shall--
</DELETED>
<DELETED> (A) implement the Strategy in accordance
with the terms of the Implementation Plan;
and</DELETED>
<DELETED> (B) not later than 90 days after the date
on which the Assistant Secretary begins to implement
the Strategy, and not less frequently than once every
90 days thereafter until the date on which the
Implementation Plan is fully implemented, brief the
appropriate committees of Congress on the progress in
implementing the Implementation Plan.</DELETED>
<DELETED> (2) Rule of construction.--Nothing in this
subsection may be construed to affect the authority or
jurisdiction of the Federal Communications Commission or confer
upon the Assistant Secretary or any executive agency the power
to direct the actions of the Federal Communications Commission,
either directly or indirectly.</DELETED>
<DELETED>SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND
REPORT.</DELETED>
<DELETED> (a) Study.--The Comptroller General of the United States
shall conduct a study that shall--</DELETED>
<DELETED> (1) examine the efficacy of the Strategy and the
Implementation Plan in closing the digital divide;
and</DELETED>
<DELETED> (2) make recommendations regarding how to improve
the Strategy and the Implementation Plan.</DELETED>
<DELETED> (b) Report.--Not later than 1 year after the date on which
the Assistant Secretary submits the Implementation Plan to the
appropriate committees of Congress under section 4(a), the Comptroller
General shall submit to the appropriate committees of Congress a report
on the results of the study conducted under subsection (a).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Proper Leadership to Align Networks
for Broadband Act'' or the ``PLAN for Broadband Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given the
term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Covered agencies.--The term ``covered agencies''
means--
(A) the Commission;
(B) the Department of Agriculture;
(C) the National Telecommunications and Information
Administration;
(D) the Department of Health and Human Services;
(E) the Appalachian Regional Commission;
(F) the Delta Regional Authority;
(G) the Denali Commission;
(H) the Economic Development Administration;
(I) the Department of Education;
(J) the Department of the Treasury;
(K) the Department of Transportation;
(L) the Institute of Museum and Library Services;
(M) the Northern Border Regional Commission;
(N) the Department of Housing and Urban
Development; and
(O) the Department of the Interior.
(6) Deployment locations map.--The term ``Deployment
Locations Map'' has the meaning given the term in section
60105(a) of the Infrastructure Investment and Jobs Act (47
U.S.C. 1704(a)).
(7) Federal broadband program.--The term ``Federal
broadband program'' means any program administered by a covered
agency that is directly or indirectly intended to increase the
deployment of, access to, the affordability of, or the adoption
of broadband internet access service.
(8) Federal land management agency.--The term ``Federal
land management agency'' means--
(A) the National Park Service;
(B) the Bureau of Land Management;
(C) the Bureau of Reclamation;
(D) the United States Fish and Wildlife Service;
(E) the Bureau of Indian Affairs; and
(F) the Forest Service.
(9) Implementation plan.--The term ``Implementation Plan''
means the implementation plan developed under section 4(a).
(10) Strategy.--The term ``Strategy'' means the National
Strategy to Synchronize Federal Broadband Programs developed
under section 3(a).
SEC. 3. NATIONAL STRATEGY TO SYNCHRONIZE FEDERAL BROADBAND PROGRAMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Assistant Secretary, in co-leadership with the
Commission, in consultation with the covered agencies, and subject to
the review and approval by the Commission under subsection (d), shall
develop and submit to the appropriate committees of Congress a National
Strategy to Synchronize Federal Broadband Programs to--
(1) support better management of Federal broadband programs
to deliver on the goal of providing access to high-speed,
affordable broadband internet access service to all individuals
in the United States, while ensuring that funding for Federal
broadband programs is used in the most efficient and fiscally
responsible manner;
(2) synchronize interagency coordination among covered
agencies for Federal broadband programs;
(3) synchronize interagency coordination regarding the
process for approving the grant of any permit, easement, right
of way, or lease to, in, over, or on a building or any other
property owned by the Federal Government for the right to
install, construct, modify, or maintain infrastructure with
respect to broadband internet access service; and
(4) reduce unnecessary barriers, eliminate unnecessary
costs, and ease administrative burdens to participate in
Federal broadband programs.
(b) Requirements.--The Strategy shall--
(1) list all--
(A) Federal broadband programs; and
(B) programs that exist at the State and local
levels that are directly or indirectly intended to
increase the deployment of, access to, the
affordability of, or the adoption of broadband internet
access service;
(2) describe current, as of the date on which the Strategy
is submitted, Federal efforts to coordinate Federal broadband
programs;
(3) identify gaps and limitations, including laws,
regulations, and covered agency policies and practices, that
hinder, or may hinder, coordination across Federal broadband
programs;
(4) establish clear roles and responsibilities for the
covered agencies, as well as clear goals, objectives, and
performance measures, for--
(A) the management of all Federal broadband
programs; and
(B) interagency coordination efforts with respect
to Federal broadband programs;
(5) address the cost of the Strategy, the sources and types
of resources and investments needed to carry out the Strategy,
and where those resources and investments should be targeted
based on balancing risk reductions with costs;
(6) address factors that increase the costs and
administrative burdens of participation in Federal broadband
programs, including with respect to access to infrastructure
necessary for deployment of broadband internet access service;
(7) report information on the effectiveness of each Federal
broadband program in terms of how many locations received
broadband internet access service or other assistance under
each Federal broadband program;
(8) address the extent to which covered agency policies and
practices do or do not establish a technologically neutral
program;
(9) recommend incentives, legislative solutions, and
administrative actions to help State, local, and Tribal
governments more efficiently--
(A) distribute, and effectively administer, funding
received from Federal broadband programs and avoid
duplication of--
(i) existing infrastructure with respect to
broadband internet access service; and
(ii) funded projects with respect to
broadband internet access service or such
projects otherwise subject to enforceable
deployment obligations;
(B) resolve conflicts with respect to the funding
described in subparagraph (A);
(C) use the Deployment Locations Map as a key
resource in carrying out subparagraphs (A) and (B); and
(D) promote access to infrastructure or rights of
way necessary for deployment of broadband internet
access service, whether privately or government owned
or cooperatively organized for broadband
communications;
(10) recommend incentives, legislative solutions, and
administrative actions to--
(A) improve the coordination and management of
Federal broadband programs; and
(B) eliminate duplication with respect to Federal
broadband programs and non-Federal programs with
respect to broadband internet access service;
(11) describe current, as of the date on which the Strategy
is submitted, efforts by covered agencies, Federal land
management agencies, and State, local, and Tribal governments
to streamline the process for granting a permit or access to an
easement, right of way, or lease to, in, over, or on a building
or any other property owned or controlled by a government for
the right to install, construct, modify, or maintain
infrastructure with respect to broadband internet access
service;
(12) identify gaps and limitations with respect to allowing
regional, interstate, or cross-border economic development
organizations to participate in Federal broadband programs;
(13) address specific issues relating to closing the gap on
Tribal lands with respect to broadband internet access service;
and
(14) identify measures to prevent fraud and misuse of
amounts made available to carry out Federal broadband programs,
ensure accountability for the use of such funding, and
implement effective reporting requirements to measure the
success of Federal broadband programs.
(c) Public Comment.--In developing the Strategy, the Assistant
Secretary and the Commission shall jointly publish a draft version of
the Strategy in the Federal Register for a period of notice and comment
(and reply comment) that is not less than 60 days.
(d) Review by Commission and Public Vote of Approval.--The Strategy
may not be finalized or submitted to the appropriate committees of
Congress unless the Commission reviews and approves the Strategy
through a public vote of the Commission at an open meeting in
accordance with the following procedures:
(1) Not later than 30 days before the date on which the
Commission holds the open meeting, the Commission shall
circulate a draft version of the Strategy to the public and
publish that draft version in the Federal Register for public
comment.
(2) Not later than 24 hours after the draft version
described in paragraph (1) is circulated to the commissioners
of the Commission, the Commission shall publish that draft
version on a publicly available website of the Commission.
SEC. 4. IMPLEMENTATION PLAN.
(a) In General.--Not later than 120 days after the date on which
the Assistant Secretary and the Commission submit the Strategy to the
appropriate committees of Congress under section 3(a), and subject to
the review and approval by the Commission under subsection (d), the
Assistant Secretary, in co-leadership with the Commission, shall
develop and submit to the appropriate committees of Congress an
implementation plan for the Strategy.
(b) Implementation Plan.--The Implementation Plan shall, at a
minimum--
(1) provide a plan for implementing the roles,
responsibilities, goals, objectives, and performance measures
for the management of Federal broadband programs and
interagency coordination efforts identified in the Strategy;
(2) if the Strategy identifies policies and practices that
result in programmatic differences among covered agencies with
respect to Federal broadband programs, provide a plan to
streamline and create consistent policies and practices across
all covered agencies for the purposes of Federal broadband
programs;
(3) for Federal broadband programs that are not
technologically neutral, determine a ceiling on the amount of a
subsidy or funding award to provide broadband internet access
service to a single location, to be consistently applied and
adopted by all covered agencies for the funding of
infrastructure with respect to broadband internet access
service;
(4) provide a plan for holding the covered agencies
accountable for the roles, responsibilities, goals, objectives,
and performance measures identified in the Strategy;
(5) describe the roles and responsibilities of the covered
agencies, and the interagency mechanisms, to coordinate the
implementation of the Strategy;
(6) provide a plan for coordination among Federal broadband
programs and for permitting processes for infrastructure with
respect to broadband internet access service;
(7) provide a plan for regular evaluation and public
reporting of Federal broadband programs against clear
objectives and performance measures, permitting processes for
infrastructure with respect to broadband internet access
service, and progress in implementing the Strategy;
(8) with respect to the awarding of Federal funds or
subsidies to support the deployment of broadband internet
access service, provide a plan for the adoption of--
(A) common data sets regarding those awards,
including a requirement that covered agencies use the
maps created under title VIII of the Communications Act
of 1934 (47 U.S.C. 641 et seq.) and the Deployment
Locations Map;
(B) applications regarding those awards, as
described in section 903(e) of the ACCESS BROADBAND Act
(47 U.S.C. 1307(e)); and
(C) rules for prohibiting awards by covered
agencies in areas identified as served by the maps
created under title VIII of the Communications Act of
1934 (47 U.S.C. 641 et seq.) or in areas already
subject to an award or enforceable deployment
obligations by a covered agency under a Federal
broadband program or a State, local, or Tribal program
with respect to broadband internet access service;
(9) provide a plan to monitor, publicly report, and reduce
waste, fraud, and abuse in Federal broadband programs,
including wasteful spending resulting from fragmented,
overlapping, and duplicative programs;
(10) require consistent obligation and expenditure
reporting by covered agencies for Federal broadband programs,
which shall be consistent with section 903(c)(2) of the ACCESS
BROADBAND Act (47 U.S.C. 1307(c)(2)) and the Deployment
Locations Map;
(11) provide a plan to increase awareness of, and
participation in, Federal broadband programs relating to the
affordability and adoption of broadband internet access
service; and
(12) describe the administrative and legislative action
that is necessary to carry out the Strategy.
(c) Public Comment.--In developing the Implementation Plan, the
Assistant Secretary and the Commission shall jointly publish a draft
version of the Implementation Plan in the Federal Register for a period
of notice and comment (and reply comment) that is not less than 60
days.
(d) Review by Commission and Public Vote of Approval.--The
Implementation Plan may not be finalized or implemented unless the
Commission reviews and approves the Implementation Plan through a
public vote of the Commission at an open meeting in accordance with the
following procedures:
(1) Not later than 30 days before the date on which the
Commission holds the open meeting, the Commission shall
circulate a draft version of the Implementation Plan to the
public and publish that draft version in the Federal Register
for public comment.
(2) Not later than 24 hours after the draft version
described in paragraph (1) is circulated to the commissioners
of the Commission, the Commission shall publish that draft
version on a publicly available website of the Commission.
SEC. 5. BRIEFINGS AND IMPLEMENTATION.
(a) Briefing.--Not later than 21 days after the date on which the
Assistant Secretary and the Commission submit the Implementation Plan
to the appropriate committees of Congress under section 4(a), the
Assistant Secretary, and appropriate representatives from the covered
agencies involved in the formulation of the Strategy, shall provide a
briefing on the implementation of the Strategy to the appropriate
committees of Congress.
(b) Implementation.--
(1) In general.--The Assistant Secretary shall--
(A) implement the Strategy in accordance with the
terms of the Implementation Plan; and
(B) not later than 90 days after the date on which
the Assistant Secretary begins to implement the
Strategy, and not less frequently than once every 90
days thereafter until the date on which the
Implementation Plan is fully implemented, brief the
appropriate committees of Congress on the progress in
implementing the Implementation Plan.
(2) Rule of construction.--Nothing in this subsection may
be construed to affect the authority or jurisdiction of the
Commission or confer upon the Assistant Secretary or any
executive agency the power to direct the actions of the
Commission, either directly or indirectly.
SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT.
Not later than 1 year after the date on which the Assistant
Secretary and the Commission submit the Implementation Plan to the
appropriate committees of Congress under section 4(a), the Comptroller
General of the United States shall commence a study--
(1) that shall--
(A) examine the efficacy of the Strategy and the
Implementation Plan in coordinating funding across the
Federal Government with respect to broadband internet
access service;
(B) make recommendations regarding how to improve
the Strategy and the Implementation Plan;
(C) examine any existing or new performance goals
and measures for Federal broadband programs;
(D) examine any awards made by covered agencies
under Federal broadband programs, or under State,
local, and Tribal programs with respect to broadband
internet access service--
(i) in areas identified as served with
respect to broadband internet access service;
or
(ii) that are duplicative of other awards
under such a program; and
(E) identify programmatic changes that would
prevent occurrences described in subparagraph (D) in
the future; and
(2) the results of which the Comptroller General shall
submit to the appropriate committees of Congress.
SEC. 7. BROADBAND FUNDING MAP REPORTING.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the head of each covered agency shall submit to the
Assistant Secretary and the appropriate committees of Congress a report
containing a comprehensive update on the measures that each respective
covered agency has taken since May 15, 2023, to coordinate with the
National Telecommunications and Information Administration, with
respect to the requirement under subsection (c)(2)(A) of the ACCESS
BROADBAND Act (47 U.S.C. 1307(c)(2)(A)), and the Commission to populate
the Deployment Locations Map.
(b) Contents.--Each report required under subsection (a) shall
include--
(1) a description of the extent to which the covered agency
submitting the report is submitting the data necessary to
populate the Deployment Locations Map in a complete and timely
manner; and
(2) identification of any outstanding challenges associated
with the requirement for the submission of data described in
paragraph (1).
SEC. 8. TRACKING AND IMPROVING PROCESSING TIMES FOR COMMUNICATIONS USE
APPLICATIONS.
Section 6409(b)(3) of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1455(b)(3)) is amended by adding at the end the
following:
``(E) Tracking and improving processing times.--
``(i) Data controls.--An executive agency
shall develop controls to ensure that data is
sufficiently accurate and complete to track the
processing time for each application described
in subparagraph (A).
``(ii) Requirement to analyze, address, and
report on delay factors.--With respect to the
factors that contribute to delays in processing
applications described in subparagraph (A), an
executive agency shall--
``(I) analyze the factors as the
delays are occurring;
``(II) take actions to address the
factors; and
``(III) provide an annual report on
the factors to--
``(aa) the Committee on
Commerce, Science, and
Transportation of the Senate;
``(bb) the Committee on
Energy and Natural Resources of
the Senate;
``(cc) the Committee on
Energy and Commerce of the
House of Representatives;
``(dd) the Committee on
Natural Resources of the House
of Representatives; and
``(ee) each committee of
Congress with jurisdiction over
the executive agency.
``(iii) Method for alerting staff to at-
risk applications.--An executive agency shall
establish a method to alert employees of the
executive agency to any application described
in subparagraph (A) with respect to which the
executive agency is at risk of failing to meet
the 270-day deadline under that
subparagraph.''.
SEC. 9. MINIMUM BROADBAND PROJECT COST.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
``(iv)(I) is subject to NEPA;
``(II) involves the construction of
infrastructure for broadband; and
``(III) is likely to require a total
investment of more than $5,000,000; or''.
SEC. 10. ADDITIONAL ``RIP AND REPLACE'' FUNDING; SPECTRUM REAUCTION.
(a) Additional ``Rip and Replace'' Funding.--
(1) Increase in expenditure limit.-- Section 4(k) of the
Secure and Trusted Communications Networks Act of 2019 (47
U.S.C. 1603(k)) is amended by striking ``$1,900,000,000'' and
inserting ``$4,980,000,000''.
(2) Appropriation of funds.--There is appropriated to the
Commission for fiscal year 2024, out of amounts in the Treasury
not otherwise appropriated, $3,080,000,000, to remain available
until expended, to carry out section 4 of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C. 1603).
(b) Spectrum Reauction.--
(1) FCC auction 97 reauction of certain licenses.--Not
later than 1 year after the date of enactment of this Act, the
Commission shall initiate a system of competitive bidding under
section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)) to grant licenses for spectrum in the inventory of the
Commission within the bands of frequencies referred to by the
Commission as the ``AWS-3 bands'', without regard to whether
the authority of the Commission under paragraph (11) of that
section has expired.
(2) Completion of reauction.--The Commission shall complete
the system of competitive bidding described in subsection (a),
including receiving payments, processing applications, and
granting licenses, without regard to whether the authority of
the Commission under paragraph (11) of section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) has expired.
SEC. 11. APPROPRIATION FOR AFFORDABLE CONNECTIVITY PROGRAM.
Section 904(i)(2) of division N of the Consolidated Appropriations
Act, 2021 (47 U.S.C. 1752(i)(2)) is amended--
(1) by striking ``There is'' and inserting the following:
``(A) Fiscal year 2021.--There is''; and
(2) by adding at the end the following:
``(B) Fiscal year 2024.--There is appropriated to
the Affordable Connectivity Fund, out of any money in
the Treasury not otherwise appropriated, $7,000,000,000
for fiscal year 2024, to remain available until
expended.''.
SEC. 12. RULE OF CONSTRUCTION.
Nothing in this Act, or any amendment made by this Act, may be
construed to confer authority on the Federal Government, or any State,
local, or Tribal government, to regulate broadband internet access
service.
Calendar No. 719
118th CONGRESS
2d Session
S. 2238
_______________________________________________________________________
A BILL
To direct the Assistant Secretary of Commerce for Communications and
Information to develop a National Strategy to Close the Digital Divide,
and for other purposes.
_______________________________________________________________________
December 17 (legislative day, December 16), 2024
Reported with an amendment