Connecting Minority Communities Act of 2020

II 116TH CONGRESS 2D SESSION S. 4422 To establish the Office of Minority Broadband Initiatives within the National Telecommunications and Information Administration, and for other purposes. IN THE SENATE OF THE UNITED STATES AUGUST 4, 2020 Mr. WICKER (for himself and Mr. SCOTT of South Carolina) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish the Office of Minority Broadband Initiatives within the National Telecommunications and Information Administration, 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 ‘‘Connecting Minority 4 Communities Act of 2020’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 (1) the term ‘‘anchor community’’ means any 8 area that— 9 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4422 IS (A) is not more than 30 miles from a his- 1 torically Black college or university, a Tribal 2 College or University, or a Hispanic-serving in- 3 stitution; and 4 (B) has an estimated median annual 5 household income of not more than 250 percent 6 of the poverty line, as that term is defined in 7 section 673(2) of the Community Services 8 Block Grant Act (42 U.S.C. 9902(2)); 9 (2) the term ‘‘Assistant Secretary’’ means the 10 Assistant Secretary of Commerce for Communica- 11 tions and Information; 12 (3) the term ‘‘broadband internet access serv- 13 ice’’ has the meaning given the term in section 14 8.1(b) of title 47, Code of Federal Regulations, or 15 any successor regulation; 16 (4) the term ‘‘Commission’’ means the Federal 17 Communications Commission; 18 (5) the term ‘‘connected device’’ means a laptop 19 computer, tablet computer, or similar device that is 20 capable of connecting to broadband internet access 21 service; 22 (6) the term ‘‘Director’’ means the Director of 23 the Office; 24 (7) the term ‘‘eligible equipment’’ means— 25 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4422 IS (A) a Wi-Fi hotspot; 1 (B) a modem; 2 (C) a router; 3 (D) a device that combines a modem and 4 router; 5 (E) a connected device; or 6 (F) any other equipment used to provide 7 access to broadband internet access service; 8 (8) the term ‘‘eligible recipient’’ means— 9 (A) a historically Black college or univer- 10 sity; 11 (B) a Tribal College or University; 12 (C) a Hispanic-serving institution; or 13 (D) a consortium led by a historically 14 Black college or university, a Tribal College or 15 University, or a Hispanic-serving institution 16 that also includes— 17 (i) an elementary or secondary school; 18 (ii) a library; 19 (iii) a minority business enterprise; or 20 (iv) an organization described in sec- 21 tion 501(c)(3) of the Internal Revenue 22 Code of 1986 and exempt from tax under 23 section 501(a) of such Code; 24 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4422 IS (9) the term ‘‘Hispanic-serving institution’’ has 1 the meaning given the term in section 502(a) of the 2 Higher Education Act of 1965 (20 U.S.C. 3 1101a(a)); 4 (10) the term ‘‘historically Black college or uni- 5 versity’’ has the meaning given the term ‘‘part B in- 6 stitution’’ in section 322 of the Higher Education 7 Act of 1965 (20 U.S.C. 1061); 8 (11) the term ‘‘minority business enterprise’’ 9 has the meaning given the term in section 1400.2 of 10 title 15, Code of Federal Regulations, or any suc- 11 cessor regulation; 12 (12) the term ‘‘Office’’ means the Office of Mi- 13 nority Broadband Initiatives established pursuant to 14 section 3(a); 15 (13) the term ‘‘Pilot Program’’ means the Con- 16 necting Minority Communities Pilot Program estab- 17 lished under the rules promulgated by the Assistant 18 Secretary under section 5(a); 19 (14) the term ‘‘Task Force’’ means the Con- 20 necting Minority Communities Task Force estab- 21 lished under section 4(a); and 22 (15) the term ‘‘Tribal College or University’’ 23 has the meaning given the term in section 316(b) of 24 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4422 IS the Higher Education Act of 1965 (20 U.S.C. 1 1059c(b)). 2 SEC. 3. OFFICE OF MINORITY BROADBAND INITIATIVES. 3 (a) ESTABLISHMENT.—Not later than 180 days after 4 the date of enactment of this Act, the Assistant Secretary 5 shall establish within the National Telecommunications 6 and Information Administration the Office of Minority 7 Broadband Initiatives. 8 (b) DIRECTOR.—The Office shall be headed by the 9 Director of the Office of Minority Broadband Initiatives, 10 who shall be appointed by the Assistant Secretary. 11 (c) DUTIES.—The Office, acting through the Direc- 12 tor, shall— 13 (1) collaborate with Federal agencies that carry 14 out broadband internet access service support pro- 15 grams to determine how to expand access to 16 broadband internet access service and other digital 17 opportunities in anchor communities; 18 (2) collaborate with State, local, and Tribal 19 governments, historically Black colleges or univer- 20 sities, Tribal Colleges or Universities, Hispanic-serv- 21 ing institutions, and stakeholders in the tele- 22 communications, education, business, and technology 23 fields to— 24 (A) promote— 25 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4422 IS (i) initiatives relating to broadband 1 internet access service connectivity for an- 2 chor communities; and 3 (ii) digital opportunities for anchor 4 communities; 5 (B) develop recommendations to promote 6 the rapid, expanded deployment of broadband 7 internet access service to unserved historically 8 Black colleges or universities, Tribal Colleges or 9 Universities, Hispanic-serving institutions, and 10 anchor communities, including to senior citizens 11 and veterans who live in anchor communities; 12 (C) promote activities that would accel- 13 erate the adoption of broadband internet access 14 service (including any associated equipment or 15 personnel necessary to access and use that serv- 16 ice, such as modems, routers, devices that com- 17 bine a modem and a router, Wi-Fi hotspots, 18 and connected devices)— 19 (i) by historically Black colleges or 20 universities, Tribal Colleges or Univer- 21 sities, and Hispanic-serving institutions; 22 and 23 (ii) within anchor communities; 24 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4422 IS (D) upon request, provide assistance to 1 historically Black colleges or universities, Tribal 2 Colleges or Universities, Hispanic-serving insti- 3 tutions, and leaders from anchor communities 4 with respect to navigating Federal programs 5 dealing with broadband internet access service; 6 (E) promote digital literacy skills, includ- 7 ing by providing opportunities for virtual or in- 8 person digital literacy training and education; 9 and 10 (F) explore how to leverage investment in 11 infrastructure with respect to broadband inter- 12 net access service to— 13 (i) expand connectivity with respect to 14 that service in anchor communities; 15 (ii) encourage investment in commu- 16 nities that have been designated as quali- 17 fied opportunity zones under section 18 1400Z–1 of the Internal Revenue Code of 19 1986; and 20 (iii) serve as a catalyst for adoption of 21 that service, so as to promote job growth 22 and economic development and deployment 23 of advanced mobile technologies; 24 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4422 IS (3) assume any functions carried out under the 1 Minority Broadband Initiative of the National Tele- 2 communications and Information Administration, as 3 of the day before the date of enactment of this Act; 4 and 5 (4) perform other duties, as designated by the 6 Assistant Secretary. 7 (d) REPORTS.— 8 (1) IN GENERAL.—Not later than 1 year after 9 the date on which the Assistant Secretary estab- 10 lishes the Office under subsection (a), and annually 11 thereafter, the Assistant Secretary shall submit to 12 the Committee on Commerce, Science, and Trans- 13 portation of the Senate and the Committee on En- 14 ergy and Commerce of the House of Representatives 15 a report that— 16 (A) for the year covered by the report, de- 17 tails the work of the Office in expanding access 18 to fixed and mobile broadband internet access 19 service coverage— 20 (i) at historically Black colleges or 21 universities, Tribal Colleges or Univer- 22 sities, and Hispanic-serving institutions; 23 and 24 (ii) within anchor communities; and 25 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4422 IS (B) identifies barriers to providing 1 broadband internet access service— 2 (i) at historically Black colleges or 3 universities, Tribal Colleges or Univer- 4 sities, and Hispanic-serving institutions; 5 and 6 (ii) within anchor communities. 7 (2) PUBLIC AVAILABILITY.—Not later than 30 8 days after the date on which the Assistant Secretary 9 submits a report under paragraph (1), the Assistant 10 Secretary shall, to the extent feasible, make that re- 11 port publicly available. 12 SEC. 4. TASK FORCE. 13 (a) IN GENERAL.—The Assistant Secretary shall es- 14 tablish the Connecting Minority Communities Task Force 15 to advise the Office on matters relating to expanding 16 broadband internet access service to historically Black col- 17 leges or universities, Tribal Colleges or Universities, His- 18 panic-serving institutions, and anchor communities. 19 (b) MEMBERSHIP.— 20 (1) IN GENERAL.—The Task Force shall— 21 (A) be composed of not more than 15 vot- 22 ing members— 23 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4422 IS (i) who, subject to subparagraph (B), 1 shall be selected by the Assistant Sec- 2 retary; and 3 (ii) 1 of whom shall be designated by 4 the Assistant Secretary as the Chair of the 5 Task Force; and 6 (B) include representatives (who shall be 7 fairly balanced with respect to technologies, 8 points of view, and fields represented) from— 9 (i) historically Black colleges or uni- 10 versities; 11 (ii) Tribal Colleges or Universities; 12 (iii) Hispanic-serving institutions; 13 (iv) anchor communities; 14 (v) minority business enterprises; 15 (vi) internet service providers, includ- 16 ing regional or rural fixed and mobile 17 broadband internet access service providers 18 and telecommunications infrastructure pro- 19 viders; 20 (vii) the electric cooperative industry; 21 (viii) the satellite industry; 22 (ix) State and local governments; and 23 (x) civil rights organizations. 24 (2) PERIOD OF APPOINTMENT; VACANCIES.— 25 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4422 IS (A) IN GENERAL.—Each member of the 1 Task Force shall serve for a single term of 2 2 years. 3 (B) VACANCY.—Any vacancy in the Task 4 Force— 5 (i) shall not affect the powers of the 6 Task Force; and 7 (ii) shall be filled in the same manner 8 as the original appointment. 9 (C) EX-OFFICIO MEMBER.—The Chairman 10 of the Commission, or a designee of the Chair- 11 man, shall serve as an ex-officio, nonvoting 12 member of the Task Force. 13 (c) APPLICABILITY OF FEDERAL ADVISORY COM- 14 MITTEE ACT.—The Federal Advisory Committee Act (5 15 U.S.C. App.) shall not apply with respect to the Task 16 Force or the activities of the Task Force. 17 SEC. 5. CONNECTING MINORITY COMMUNITIES PILOT PRO- 18 GRAM. 19 (a) RULES REQUIRED.— 20 (1) IN GENERAL.—Not later than 180 days 21 after the date of enactment of this Act, the Assist- 22 ant Secretary shall promulgate rules establishing the 23 Connecting Minority Communities Pilot Program, 24 the purpose of which shall be to provide grants to 25 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4422 IS eligible recipients in anchor communities for the pur- 1 chase of broadband internet access service or any el- 2 igible equipment, or to hire information technology 3 personnel— 4 (A) to facilitate educational instruction 5 and learning, including through remote instruc- 6 tion; 7 (B) in the case of an eligible recipient de- 8 scribed in section 2(8)(D)(iii), to operate the 9 minority business enterprise; or 10 (C) in the case of an eligible recipient de- 11 scribed in section 2(8)(D)(iv), to operate the or- 12 ganization. 13 (2) CONTENT.—The rules promulgated under 14 paragraph (1) shall— 15 (A) establish a method for identifying 16 which eligible recipients in anchor communities 17 have the greatest unmet financial needs; 18 (B) ensure that grants under the Pilot 19 Program are made— 20 (i) to eligible recipients identified 21 under the method established under sub- 22 paragraph (A); and 23 (ii) in a manner that best achieves the 24 purposes of the Pilot Program; 25 VerDate Sep 11 2014 03:46 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4422.IS S4422 kjohnson on DSK79L0C42PROD with BILLS 13 •S 4422 IS (C) provide that a recipient of a grant 1 under the Pilot Program— 2 (i) shall use eligible equipment for a 3 purpose that the recipient considers to be 4 appropriate, subject to any restriction pro- 5 vided in those rules (or any successor 6 rules); 7 (ii) if the recipient lends, or otherwise 8 provides, eligible equipment to students or 9 patrons, shall prioritize lending or pro- 10 viding to such individuals that the recipi- 11 ent believes do not have access to that 12 equipment, subject to any restriction pro- 13 vided in those rules (or any successor 14 rules); and 15 (iii) may not sell or otherwise transfer 16 eligible equipment in exchange for any 17 thing (including a service) of value; and 18 (D) include audit requirements that— 19 (i) ensure that a recipient of a grant 20 made under the Pilo [Text truncated for display. 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