[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 323 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 323
To direct the Assistant Secretary of Commerce for Communications and
Information to develop a National Strategy to Synchronize Federal
Broadband Programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 29, 2025
Mr. Wicker (for himself, Mr. Lujan, and Mr. Welch) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To direct the Assistant Secretary of Commerce for Communications and
Information to develop a National Strategy to Synchronize Federal
Broadband Programs, 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 ``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) Covered agencies.--The term ``covered agencies''
means--
(A) the Federal Communications 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.
(5) 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)).
(6) 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.
(7) 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.
(8) Implementation plan.--The term ``Implementation Plan''
means the implementation plan developed under section 4(a).
(9) 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 consultation with the covered
agencies, 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.
SEC. 4. IMPLEMENTATION PLAN.
(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.
(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 policy 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 shall 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.
SEC. 5. BRIEFINGS AND IMPLEMENTATION.
(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.
(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
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.
SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND 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 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, pursuant to
subsection (c)(2)(A) of the ACCESS BROADBAND Act (47 U.S.C.
1307(c)(2)(A)), and the Federal Communications 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)(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. 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.
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