[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1492 Enrolled Bill (ENR)]
S.1492
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To improve the quality of Federal and State data regarding the
availability and quality of broadband services and to promote the
deployment of affordable broadband services to all parts of the Nation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--BROADBAND DATA IMPROVEMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Broadband Data Improvement Act''.
SEC. 102 FINDINGS.
The Congress finds the following:
(1) The deployment and adoption of broadband technology has
resulted in enhanced economic development and public safety for
communities across the Nation, improved health care and educational
opportunities, and a better quality of life for all Americans.
(2) Continued progress in the deployment and adoption of
broadband technology is vital to ensuring that our Nation remains
competitive and continues to create business and job growth.
(3) Improving Federal data on the deployment and adoption of
broadband service will assist in the development of broadband
technology across all regions of the Nation.
(4) The Federal Government should also recognize and encourage
complementary State efforts to improve the quality and usefulness
of broadband data and should encourage and support the partnership
of the public and private sectors in the continued growth of
broadband services and information technology for the residents and
businesses of the Nation.
SEC. 103 IMPROVING FEDERAL DATA ON BROADBAND.
(a) Improving Section 706 Inquiry.--Section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 157 note) is amended--
(1) by striking ``regularly'' in subsection (b) and inserting
``annually'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Demographic Information for Unserved Areas.--As part of the
inquiry required by subsection (b), the Commission shall compile a list
of geographical areas that are not served by any provider of advanced
telecommunications capability (as defined by section 706(c)(1) of the
Telecommunications Act of 1996 (47 U.S.C. 157 note)) and to the extent
that data from the Census Bureau is available, determine, for each such
unserved area--
``(1) the population;
``(2) the population density; and
``(3) the average per capita income.''.
(b) International Comparison.--
(1) In general.--As part of the assessment and report required
by section 706 of the Telecommunications Act of 1996 (47 U.S.C. 157
note), the Federal Communications Commission shall include
information comparing the extent of broadband service capability
(including data transmission speeds and price for broadband service
capability) in a total of 75 communities in at least 25 countries
abroad for each of the data rate benchmarks for broadband service
utilized by the Commission to reflect different speed tiers.
(2) Contents.--The Commission shall choose communities for the
comparison under this subsection in a manner that will offer, to
the extent possible, communities of a population size, population
density, topography, and demographic profile that are comparable to
the population size, population density, topography, and
demographic profile of various communities within the United
States. The Commission shall include in the comparison under this
subsection--
(A) a geographically diverse selection of countries; and
(B) communities including the capital cities of such
countries.
(3) Similarities and differences.--The Commission shall
identify relevant similarities and differences in each community,
including their market structures, the number of competitors, the
number of facilities-based providers, the types of technologies
deployed by such providers, the applications and services those
technologies enable, the regulatory model under which broadband
service capability is provided, the types of applications and
services used, business and residential use of such services, and
other media available to consumers.
(c) Consumer Survey of Broadband Service Capability.--
(1) In general.--For the purpose of evaluating, on a
statistically significant basis, the national characteristics of
the use of broadband service capability, the Commission shall
conduct and make public periodic surveys of consumers in urban,
suburban, and rural areas in the large business, small business,
and residential consumer markets to determine--
(A) the types of technology used to provide the broadband
service capability to which consumers subscribe;
(B) the amounts consumers pay per month for such
capability;
(C) the actual data transmission speeds of such capability;
(D) the types of applications and services consumers most
frequently use in conjunction with such capability;
(E) for consumers who have declined to subscribe to
broadband service capability, the reasons given by such
consumers for declining such capability;
(F) other sources of broadband service capability which
consumers regularly use or on which they rely; and
(G) any other information the Commission deems appropriate
for such purpose.
(2) Public availability.--The Commission shall make publicly
available the results of surveys conducted under this subsection at
least once per year.
(d) Improving Census Data on Broadband.--The Secretary of Commerce,
in consultation with the Federal Communications Commission, shall
expand the American Community Survey conducted by the Bureau of the
Census to elicit information for residential households, including
those located on native lands, to determine whether persons at such
households own or use a computer at that address, whether persons at
that address subscribe to Internet service and, if so, whether such
persons subscribe to dial-up or broadband Internet service at that
address.
(e) Proprietary Information.--Nothing in this title shall reduce or
remove any obligation the Commission has to protect proprietary
information, nor shall this title be construed to compel the Commission
to make publicly available any proprietary information.
SEC. 104. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS.
(a) In General.--The Comptroller General shall conduct a study to
consider and evaluate additional broadband metrics or standards that
may be used by industry and the Federal Government to provide users
with more accurate information about the cost and capability of their
broadband connection, and to better compare the deployment and
penetration of broadband in the United States with other countries. At
a minimum, such study shall consider potential standards or metrics
that may be used--
(1) to calculate the average price per megabit per second of
broadband offerings;
(2) to reflect the average actual speed of broadband offerings
compared to advertised potential speeds and to consider factors
affecting speed that may be outside the control of a broadband
provider;
(3) to compare, using comparable metrics and standards, the
availability and quality of broadband offerings in the United
States with the availability and quality of broadband offerings in
other industrialized nations, including countries that are members
of the Organization for Economic Cooperation and Development; and
(4) to distinguish between complementary and substitutable
broadband offerings in evaluating deployment and penetration.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce on the results of the
study, with recommendations for how industry and the Federal
Communications Commission can use such metrics and comparisons to
improve the quality of broadband data and to better evaluate the
deployment and penetration of comparable broadband service at
comparable rates across all regions of the Nation.
SEC. 105. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON SMALL
BUSINESSES.
(a) In General.--Subject to appropriations, the Small Business
Administration Office of Advocacy shall conduct a study evaluating the
impact of broadband speed and price on small businesses.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Office shall submit a report to the Senate Committee on
Commerce, Science, and Transportation, the Senate Committee on Small
Business and Entrepreneurship, the House of Representatives Committee
on Energy and Commerce, and the House of Representatives Committee on
Small Business on the results of the study, including--
(1) a survey of broadband speeds available to small businesses;
(2) a survey of the cost of broadband speeds available to small
businesses;
(3) a survey of the type of broadband technology used by small
businesses; and
(4) any policy recommendations that may improve small
businesses access to comparable broadband services at comparable
rates in all regions of the Nation.
SEC. 106. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.
(a) Purposes.--The purposes of any grant under subsection (b) are--
(1) to ensure that all citizens and businesses in a State have
access to affordable and reliable broadband service;
(2) to achieve improved technology literacy, increased computer
ownership, and broadband use among such citizens and businesses;
(3) to establish and empower local grassroots technology teams
in each State to plan for improved technology use across multiple
community sectors; and
(4) to establish and sustain an environment ripe for broadband
services and information technology investment.
(b) Establishment of State Broadband Data and Development Grant
Program.--
(1) In general.--The Secretary of Commerce shall award grants,
taking into account the results of the peer review process under
subsection (d), to eligible entities for the development and
implementation of statewide initiatives to identify and track the
availability and adoption of broadband services within each State.
(2) Competitive basis.--Any grant under subsection (b) shall be
awarded on a competitive basis.
(c) Eligibility.--To be eligible to receive a grant under
subsection (b), an eligible entity shall--
(1) submit an application to the Secretary of Commerce, at such
time, in such manner, and containing such information as the
Secretary may require;
(2) contribute matching non-Federal funds in an amount equal to
not less than 20 percent of the total amount of the grant; and
(3) agree to comply with confidentiality requirements in
subsection (h)(2) of this section.
(d) Peer Review; Nondisclosure.--
(1) In general.--The Secretary shall by regulation require
appropriate technical and scientific peer review of applications
made for grants under this section.
(2) Review procedures.--The regulations required under
paragraph (1) shall require that any technical and scientific peer
review group--
(A) be provided a written description of the grant to be
reviewed;
(B) provide the results of any review by such group to the
Secretary of Commerce; and
(C) certify that such group will enter into voluntary
nondisclosure agreements as necessary to prevent the
unauthorized disclosure of confidential and proprietary
information provided by broadband service providers in
connection with projects funded by any such grant.
(e) Use of Funds.--A grant awarded to an eligible entity under
subsection (b) shall be used--
(1) to provide a baseline assessment of broadband service
deployment in each State;
(2) to identify and track--
(A) areas in each State that have low levels of broadband
service deployment;
(B) the rate at which residential and business users adopt
broadband service and other related information technology
services; and
(C) possible suppliers of such services;
(3) to identify barriers to the adoption by individuals and
businesses of broadband service and related information technology
services, including whether or not--
(A) the demand for such services is absent; and
(B) the supply for such services is capable of meeting the
demand for such services;
(4) to identify the speeds of broadband connections made
available to individuals and businesses within the State, and, at a
minimum, to rely on the data rate benchmarks for broadband service
utilized by the Commission to reflect different speed tiers, to
promote greater consistency of data among the States;
(5) to create and facilitate in each county or designated
region in a State a local technology planning team--
(A) with members representing a cross section of the
community, including representatives of business,
telecommunications labor organizations, K-12 education, health
care, libraries, higher education, community-based
organizations, local government, tourism, parks and recreation,
and agriculture; and
(B) which shall--
(i) benchmark technology use across relevant community
sectors;
(ii) set goals for improved technology use within each
sector; and
(iii) develop a tactical business plan for achieving
its goals, with specific recommendations for online
application development and demand creation;
(6) to work collaboratively with broadband service providers
and information technology companies to encourage deployment and
use, especially in unserved areas and areas in which broadband
penetration is significantly below the national average, through
the use of local demand aggregation, mapping analysis, and the
creation of market intelligence to improve the business case for
providers to deploy;
(7) to establish programs to improve computer ownership and
Internet access for unserved areas and areas in which broadband
penetration is significantly below the national average;
(8) to collect and analyze detailed market data concerning the
use and demand for broadband service and related information
technology services;
(9) to facilitate information exchange regarding the use and
demand for broadband services between public and private sectors;
and
(10) to create within each State a geographic inventory map of
broadband service, including the data rate benchmarks for broadband
service utilized by the Commission to reflect different speed
tiers, which shall--
(A) identify gaps in such service through a method of
geographic information system mapping of service availability
based on the geographic boundaries of where service is
available or unavailable among residential or business
customers; and
(B) provide a baseline assessment of statewide broadband
deployment in terms of households with high-speed availability.
(f) Participation Limit.--For each State, an eligible entity may
not receive a new grant under this section to fund the activities
described in subsection (d) within such State if such organization
obtained prior grant awards under this section to fund the same
activities in that State in each of the previous 4 consecutive years.
(g) Reporting; Broadband Inventory Map.--The Secretary of Commerce
shall--
(1) require each recipient of a grant under subsection (b) to
submit a report on the use of the funds provided by the grant; and
(2) create a web page on the Department of Commerce website
that aggregates relevant information made available to the public
by grant recipients, including, where appropriate, hypertext links
to any geographic inventory maps created by grant recipients under
subsection (e)(10).
(h) Access to Aggregate Data.--
(1) In general.--Subject to paragraph (2), the Commission shall
provide eligible entities access, in electronic form, to aggregate
data collected by the Commission based on the Form 477 submissions
of broadband service providers.
(2) Limitation.--Notwithstanding any provision of Federal or
State law to the contrary, an eligible entity shall treat any
matter that is a trade secret, commercial or financial information,
or privileged or confidential, as a record not subject to public
disclosure except as otherwise mutually agreed to by the broadband
service provider and the eligible entity. This paragraph applies
only to information submitted by the Commission or a broadband
provider to carry out the provisions of this title and shall not
otherwise limit or affect the rules governing public disclosure of
information collected by any Federal or State entity under any
other Federal or State law or regulation.
(i) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an entity that is either--
(i) an agency or instrumentality of a State, or a
municipality or other subdivision (or agency or
instrumentality of a municipality or other subdivision) of
a State;
(ii) a nonprofit organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
that is exempt from taxation under section 501(a) of such
Code; or
(iii) an independent agency or commission in which an
office of a State is a member on behalf of the State; and
(B) is the single eligible entity in the State that has
been designated by the State to receive a grant under this
section.
(j) No Regulatory Authority.--Nothing in this section shall be
construed as giving any public or private entity established or
affected by this title any regulatory jurisdiction or oversight
authority over providers of broadband services or information
technology.
TITLE II--PROTECTING CHILDREN
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Protecting
Children in the 21st Century Act''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 201. Short title; table of contents.
SUBTITLE A--PROMOTING A SAFE INTERNET FOR CHILDREN
Sec. 211. Internet safety.
Sec. 212. Public awareness campaign.
Sec. 213. Annual reports.
Sec. 214. Online safety and technology working group.
Sec. 215. Promoting online safety in schools.
Sec. 216. Definitions.
SUBTITLE B--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT
Sec. 221. Child pornography prevention; forfeitures related to child
pornography violations.
SUBTITLE A--PROMOTING A SAFE INTERNET FOR CHILDREN
SEC. 211. INTERNET SAFETY.
For the purposes of this title, the issue of Internet safety
includes issues regarding the use of the Internet in a manner that
promotes safe online activity for children, protects children from
cybercrimes, including crimes by online predators, and helps parents
shield their children from material that is inappropriate for minors.
SEC. 212. PUBLIC AWARENESS CAMPAIGN.
The Federal Trade Commission shall carry out a nationwide program
to increase public awareness and provide education regarding strategies
to promote the safe use of the Internet by children. The program shall
utilize existing resources and efforts of the Federal Government, State
and local governments, nonprofit organizations, private technology and
financial companies, Internet service providers, World Wide Web-based
resources, and other appropriate entities, that includes--
(1) identifying, promoting, and encouraging best practices for
Internet safety;
(2) establishing and carrying out a national outreach and
education campaign regarding Internet safety utilizing various
media and Internet-based resources;
(3) facilitating access to, and the exchange of, information
regarding Internet safety to promote up-to-date knowledge regarding
current issues; and
(4) facilitating access to Internet safety education and public
awareness efforts the Commission considers appropriate by States,
units of local government, schools, police departments, nonprofit
organizations, and other appropriate entities.
SEC. 213. ANNUAL REPORTS.
The Commission shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives not later than March 31 of
each year that describes the activities carried out under section 103
by the Commission during the preceding calendar year.
SEC. 214. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.
(a) Establishment.--Within 90 days after the date of enactment of
this Act, the Assistant Secretary of Commerce for Communications and
Information shall establish an Online Safety and Technology working
group comprised of representatives of relevant sectors of the business
community, public interest groups, and other appropriate groups and
Federal agencies to review and evaluate--
(1) the status of industry efforts to promote online safety
through educational efforts, parental control technology, blocking
and filtering software, age-appropriate labels for content or other
technologies or initiatives designed to promote a safe online
environment for children;
(2) the status of industry efforts to promote online safety
among providers of electronic communications services and remote
computing services by reporting apparent child pornography under
section 13032 of title 42, United States Code, including any
obstacles to such reporting;
(3) the practices of electronic communications service
providers and remote computing service providers related to record
retention in connection with crimes against children; and
(4) the development of technologies to help parents shield
their children from inappropriate material on the Internet.
(b) Report.--Within 1 year after the working group is first
convened, it shall submit a report to the Assistant Secretary, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on Energy and Commerce of the House of Representatives
that--
(1) describes in detail its findings, including any information
related to the effectiveness of such strategies and technologies
and any information about the prevalence within industry of
educational campaigns, parental control technologies, blocking and
filtering software, labeling, or other technologies to assist
parents; and
(2) includes recommendations as to what types of incentives
could be used or developed to increase the effectiveness and
implementation of such strategies and technologies.
(c) FACA Not To Apply to Working Group.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working group.
SEC. 215. PROMOTING ONLINE SAFETY IN SCHOOLS.
Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C.
254(h)(5)(b)) is amended--
(1) by striking ``and'' after the semicolon in clause (i);
(2) by striking ``minors.'' in clause (ii) and inserting
``minors; and''; and
(3) by adding at the end the following:
``(iii) as part of its Internet safety policy is
educating minors about appropriate online behavior,
including interacting with other individuals on social
networking websites and in chat rooms and cyberbullying
awareness and response.''.
SEC. 216. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the interconnected
world-wide network of networks that employ the Transmission Control
Protocol/Internet Protocol, or any predecessor successor protocols
to such protocol, to communicate information of all kinds by wire
or radio.
SUBTITLE B--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT
SEC. 221. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD
PORNOGRAPHY VIOLATIONS.
(a) In General.--Section 503(b)(1) of the Communications Act of
1934 (47 U.S.C. 503(b)(1)) is amended by striking ``or 1464'' in
subparagraph (D) and inserting ``1464, or 2252''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.