[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1492 Referred in House (RFH)]

  2d Session
                                S. 1492


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2008

            Referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 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 Senate Committee on 
Commerce, Science, and Transportation 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 and the 
Senate Committee on Commerce, Science, and Transportation 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.

           TITLE II--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''.

            Passed the Senate September 26 (legislative day, September 
      17), 2008.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.