ACCESS BROADBAND Act

II Calendar No. 567 116TH CONGRESS 2D SESSION S. 1046 [Report No. 116–274] To establish the Office of Internet Connectivity and Growth, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 4, 2019 Ms. CORTEZ MASTO (for herself, Mr. GARDNER, Mr. JONES, Mr. JOHNSON, Ms. BALDWIN, Mrs. BLACKBURN, Ms. SINEMA, Ms. ROSEN, and Mr. PETERS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation OCTOBER 1, 2020 Reported by Mr. WICKER, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To establish the Office of Internet Connectivity and Growth, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Advancing Critical 4 Connectivity Expands Service, Small Business Resources, 5 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1046 RS Opportunities, Access, and Data Based on Assessed Need 1 and Demand Act’’ or the ‘‘ACCESS BROADBAND Act’’. 2 SEC. 2. DEFINITIONS. 3 In this Act: 4 (1) AGENCY.—The term ‘‘agency’’ has the 5 meaning given that term in section 551 of title 5, 6 United States Code. 7 (2) ASSISTANT SECRETARY.—The term ‘‘Assist- 8 ant Secretary’’ means the Assistant Secretary of 9 Commerce for Communications and Information. 10 (3) COMMISSION.—The term ‘‘Commission’’ 11 means the Federal Communications Commission. 12 (4) FEDERAL BROADBAND SUPPORT PRO- 13 GRAM.—The term ‘‘Federal broadband support pro- 14 gram’’ does not include any Universal Service Fund 15 program and means any of the following programs 16 (or any other similar Federal program) to the extent 17 the program offers broadband internet service or 18 programs for promoting broadband access and adop- 19 tion for various demographic communities through 20 various media for residential, commercial, or com- 21 munity providers, or academic establishments: 22 (A) The Telecommunications and Tech- 23 nology Program of the Appalachian Regional 24 Commission. 25 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1046 RS (B) The following programs of the Rural 1 Utilities Service of the Department of Agri- 2 culture: 3 (i) The Telecommunications Infra- 4 structure Loan and Loan Guarantee Pro- 5 gram. 6 (ii) The Rural Broadband Access 7 Loan and Loan Guarantee Program au- 8 thorized under section 601 of the Rural 9 Electrification Act of 1936 (7 U.S.C. 10 950bb). 11 (iii) The Substantially Underserved 12 Trust Area Initiative. 13 (iv) The Community Connect Grant 14 Program established under title III of the 15 Agriculture, Rural Development, Food and 16 Drug Administration, and Related Agen- 17 cies Appropriations, 2004 (division A of 18 Public Law 108–199; 118 Stat. 19). 19 (v) The Distance Learning and Tele- 20 medicine Grant Program under section 21 2333 of the Food, Agriculture, Conserva- 22 tion, and Free Trade Act of 1990 (7 23 U.S.C. 950aaa–2). 24 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1046 RS (C) The following programs of the Eco- 1 nomic Development Administration of the De- 2 partment of Commerce: 3 (i) The Public Works and Economic 4 Adjustment Assistance Programs. 5 (ii) The Planning and Local Technical 6 Assistance Programs. 7 (D) The following programs of the Depart- 8 ment of Housing and Urban Development: 9 (i) The Community Development 10 Block Grant Program under title I of the 11 Housing and Community Development Act 12 of 1974 (42 U.S.C. 5301 et seq.). 13 (ii) The loan guarantee program 14 under section 108 of the Housing and 15 Community Development Act of 1974 (42 16 U.S.C. 5308) (commonly known as the 17 ‘‘Section 108 Loan Guarantee Program’’). 18 (iii) Assistance from the Public Hous- 19 ing Capital Fund established under section 20 9(d) of the United States Housing Act of 21 1937 (42 U.S.C. 1437g(d)). 22 (iv) Assistance from the Public Hous- 23 ing Operating Fund established under sec- 24 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1046 RS tion 9(e) of the United States Housing Act 1 of 1937 (42 U.S.C. 1437g(e)). 2 (v) The Multifamily Housing Pro- 3 grams. 4 (vi) The Indian Community Develop- 5 ment Block Grant Program. 6 (vii) The Indian Housing Block Grant 7 Program under section 101 of the Native 8 American Housing Assistance and Self-De- 9 termination Act of 1996 (25 U.S.C. 4111). 10 (viii) Loan guarantees under title VI 11 of the Native American Housing Assist- 12 ance and Self-Determination Act of 1996 13 (25 U.S.C. 4191 et seq.) (commonly known 14 as the ‘‘Title VI Loan Guarantee Pro- 15 gram’’). 16 (ix) The Choice Neighborhoods Initia- 17 tive. 18 (x) The HOME Investment Partner- 19 ships Program authorized under title II of 20 the Cranston-Gonzalez National Affordable 21 Housing Act (42 U.S.C. 12721 et seq.). 22 (xi) The Housing Trust Fund estab- 23 lished under section 1338 of the Federal 24 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1046 RS Housing Enterprises Financial Safety and 1 Soundness Act of 1992 (12 U.S.C. 4568). 2 (xii) The Housing Opportunities for 3 Persons With AIDS Program authorized 4 under the AIDS Housing Opportunity Act 5 (42 U.S.C. 12901 et seq.). 6 (E) The American Job Centers of the Em- 7 ployment and Training Administration of the 8 Department of Labor. 9 (F) The Library Services and Technology 10 Grant Programs of the Institute of Museum 11 and Library Services. 12 (5) OFFICE.—The term ‘‘Office’’ means the Of- 13 fice of Internet Connectivity and Growth established 14 under section 3. 15 (6) UNIVERSAL SERVICE FUND PROGRAM.—The 16 term ‘‘Universal Service Fund program’’ means any 17 program authorized under section 254 of the Com- 18 munications Act of 1934 (47 U.S.C. 254) to help de- 19 ploy broadband. 20 (7) UNIVERSAL SERVICE MECHANISM.—The 21 term ‘‘universal service mechanism’’ means any 22 funding stream provided by a Universal Service 23 Fund program to support broadband access. 24 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1046 RS SEC. 3. ESTABLISHMENT OF OFFICE OF INTERNET 1 CONNECTIVITY AND GROWTH. 2 Not later than 180 days after the date of enactment 3 of this Act, the Assistant Secretary shall establish the Of- 4 fice of Internet Connectivity and Growth within the Na- 5 tional Telecommunications and Information Administra- 6 tion. 7 SEC. 4. DUTIES. 8 (a) OUTREACH.—The Office shall— 9 (1) connect with communities that need access 10 to high-speed internet and improved digital inclusion 11 efforts through various forms of outreach and com- 12 munication techniques; 13 (2) hold regional workshops across the United 14 States to share best practices and effective strategies 15 for promoting broadband access and adoption; 16 (3) develop targeted broadband training and 17 presentations for various demographic communities 18 through various media; and 19 (4) develop and distribute publications (includ- 20 ing toolkits, primers, manuals, and white papers) 21 providing guidance, strategies, and insights to com- 22 munities as the communities develop strategies to 23 expand broadband access and adoption. 24 (b) TRACKING OF FEDERAL DOLLARS.— 25 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1046 RS (1) BROADBAND INFRASTRUCTURE.—The Of- 1 fice shall track the construction and use of and ac- 2 cess to any broadband infrastructure built using any 3 Federal support in a central database. 4 (2) ACCOUNTING MECHANISM.—The Office 5 shall develop a streamlined accounting mechanism 6 by which any agency offering a Federal broadband 7 support program, and the Commission through the 8 Universal Service Fund, shall provide the informa- 9 tion described in paragraph (1) in a standardized 10 and efficient fashion. 11 (3) REPORT.—Not later than 1 year after the 12 date of enactment of this Act, and every year there- 13 after, the Office shall make public on the website of 14 the Office and submit to the Committee on Com- 15 merce, Science, and Transportation of the Senate 16 and the Committee on Energy and Commerce of the 17 House of Representatives a report on the following: 18 (A) A description of the work of the Office 19 for the previous year and the number of resi- 20 dents of the United States who received 21 broadband access as a result of a Federal 22 broadband support program or a Universal 23 Service Fund program. 24 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1046 RS (B) The number of residents of the United 1 States described in subparagraph (A), broken 2 down by the Federal broadband support pro- 3 gram or universal service mechanism to which 4 the broadband access was attributable. 5 (C) An estimate of the economic impact of 6 the broadband deployment efforts described in 7 subparagraphs (A) and (B) on the local econ- 8 omy in areas receiving assistance through those 9 efforts, including any effect on small businesses 10 or jobs. 11 SEC. 5. STREAMLINED APPLICATIONS FOR SUPPORT. 12 (a) AGENCY CONSULTATION.—The Office shall con- 13 sult with any agency offering a Federal broadband support 14 program to streamline and standardize the application 15 process for grants or other financial assistance from the 16 program. 17 (b) AGENCY STREAMLINING.—Any agency offering a 18 Federal broadband support program shall amend the ap- 19 plication for broadband support from that program, to the 20 extent practicable and as necessary, to streamline and 21 standardize applications for Federal broadband support 22 programs across the Federal Government. 23 (c) SINGLE APPLICATION.—To the greatest extent 24 practicable, the Office shall seek to create 1 application 25 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1046 RS that may be submitted to apply for all, or substantially 1 all, Federal broadband support programs. 2 (d) WEBSITE REQUIRED.—Not later than 180 days 3 after the date of enactment of this Act, the Office shall 4 create a central website through which a potential appli- 5 cant can learn about and apply for support through any 6 Federal broadband support program. 7 SEC. 6. COORDINATION OF SUPPORT. 8 The Office, any agency that offers a Federal 9 broadband support program, and the Commission, 10 through the Universal Service Fund, shall coordinate with 11 each other to ensure that Federal support for broadband 12 is being distributed in an efficient, technology-neutral, and 13 financially sustainable manner, with the goal of serving 14 the largest number of persons in the United States while 15 avoiding overbuilding and promoting the most job and eco- 16 nomic growth for all residents of the United States. 17 SEC. 7. RULE OF CONSTRUCTION. 18 Nothing in this Act is intended to alter or amend any 19 provision of section 254 of the Communications Act of 20 1934 (47 U.S.C. 254). 21 SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED. 22 No additional funds are authorized to be appro- 23 priated to carry out this Act. This Act shall be carried 24 out using amounts otherwise authorized. 25 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1046 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Advancing Critical 2 Connectivity Expands Service, Small Business Resources, 3 Opportunities, Access, and Data Based on Assessed Need 4 and Demand Act’’ or the ‘‘ACCESS BROADBAND Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) AGENCY.—The term ‘‘agency’’ has the mean- 8 ing given that term in section 551 of title 5, United 9 States Code. 10 (2) ASSISTANT SECRETARY.—The term ‘‘Assist- 11 ant Secretary’’ means the Assistant Secretary of Com- 12 merce for Communications and Information. 13 (3) COMMISSION.—The term ‘‘Commission’’ 14 means the Federal Communications Commission. 15 (4) FEDERAL BROADBAND SUPPORT PROGRAM.— 16 The term ‘‘Federal broadband support program’’ does 17 not include any Universal Service Fund program and 18 means any of the following programs (or any other 19 similar Federal program) to the extent the program 20 offers broadband internet service or programs for pro- 21 moting broadband access and adoption for various de- 22 mographic communities through various media for 23 residential, commercial, or community providers, or 24 academic establishments: 25 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 1046 RS (A) The Telecommunications and Tech- 1 nology Program of the Appalachian Regional 2 Commission. 3 (B) The following programs of the Rural 4 Utilities Service of the Department of Agri- 5 culture: 6 (i) The Telecommunications Infra- 7 structure Loan and Loan Guarantee Pro- 8 gram established under the Rural Elec- 9 trification Act of 1936 (7 U.S.C. 901 et 10 seq.). 11 (ii) Any program to provide grants, 12 loans, or loan guarantees under sections 601 13 through 603 of the Rural Electrification Act 14 of 1936 (7 U.S.C. 950bb et seq.). 15 (iii) The substantially underserved 16 trust area initiative under section 306F of 17 the Rural Electrification Act of 1936 (7 18 U.S.C. 936f). 19 (iv) The Community Connect Grant 20 Program established under section 604 of 21 the Rural Electrification Act of 1936 (7 22 U.S.C. 950bb–3). 23 (v) The distance learning and tele- 24 medicine grant program established under 25 VerDate Sep 11 2014 01:07 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S1046.RS S1046 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 1046 RS chapter 1 of subtitle D of title XXIII of the 1 Food, Agriculture, Conservation, and Trade 2 Act of 1990 (7 U.S.C. 950aaa et seq.). 3 (vi) The broadband loan and grant 4 pilot program known as the ‘‘Rural 5 eConnectivity Pilot Program’’ or the ‘‘Re- 6 Connect [Text truncated for display. 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