Current status is Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment favorably.

119th CONGRESS

1st Session

S. 323

1. Short title
2. Definitions
3. National strategy to synchronize Federal broadband programs
4. Implementation plan
5. Briefings and implementation
6. Government Accountability Office study and report
7. Broadband funding map reporting
8. Tracking and improving processing times for communications use applications
9. Minimum broadband project cost
10. Rule of construction

1. Short title

This Act may be cited as the "Proper Leadership to Align Networks for Broadband Act" or the "PLAN for Broadband Act".

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;

(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;

(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).

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);

(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.

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.

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.

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;

(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.

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).

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.

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

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.

119-S323

PLAN for Broadband Act