[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1644 Placed on Calendar Senate (PCS)]

<DOC>





                                                        Calendar No. 74
116th CONGRESS
  1st Session
                                H. R. 1644


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2019

                     Received; read the first time

                             April 29, 2019

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
   To restore the open internet order of the Federal Communications 
                              Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Save the Internet Act of 2019''.

SEC. 2. RESTORATION OF OPEN INTERNET ORDER.

    (a) Repeal of Rule.--
            (1) In general.--The Declaratory Ruling, Report and Order, 
        and Order in the matter of restoring internet freedom that was 
        adopted by the Commission on December 14, 2017 (FCC 17-166), 
        shall have no force or effect.
            (2) Prohibition on reissued rule or new rule.--The 
        Declaratory Ruling, Report and Order, and Order described in 
        paragraph (1) may not be reissued in substantially the same 
        form, and a new rule that is substantially the same as such 
        Declaratory Ruling, Report and Order, and Order may not be 
        issued, unless the reissued or new rule is specifically 
        authorized by a law enacted after the date of the enactment of 
        this Act.
    (b) Restoration of Repealed and Amended Rules.--The following are 
restored as in effect on January 19, 2017:
            (1) The Report and Order on Remand, Declaratory Ruling, and 
        Order in the matter of protecting and promoting the open 
        internet that was adopted by the Commission on February 26, 
        2015 (FCC 15-24).
            (2) Part 8 of title 47, Code of Federal Regulations.
            (3) Any other rule of the Commission that was amended or 
        repealed by the Declaratory Ruling, Report and Order, and Order 
        described in subsection (a)(1).
    (c) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Restored as in effect on january 19, 2017.--The term 
        ``restored as in effect on January 19, 2017'' means, with 
        respect to the Declaratory Ruling and Order described in 
        subsection (b)(1), to permanently reinstate the rules and legal 
        interpretations set forth in such Declaratory Ruling and Order 
        (as in effect on January 19, 2017), including any decision (as 
        in effect on such date) to apply or forbear from applying a 
        provision of the Communications Act of 1934 (47 U.S.C. 151 et 
        seq.) or a regulation of the Commission.
            (3) Rule.--The term ``rule'' has the meaning given such 
        term in section 804 of title 5, United States Code.

SEC. 3. EXCEPTION TO ENHANCEMENT TO TRANSPARENCY REQUIREMENTS RELATING 
              TO PERFORMANCE CHARACTERISTICS AND NETWORK PRACTICES FOR 
              SMALL BUSINESSES.

    (a) In General.--The enhancements to the transparency rule relating 
to performance characteristics and network practices of the Commission 
under section 8.3 of title 47, Code of Federal Regulations, as 
described in paragraphs 165 through 184 of the Report and Order on 
Remand, Declaratory Ruling, and Order in the matter of protecting and 
promoting the open internet that was adopted by the Commission February 
26, 2015 (FCC 15-24), shall not apply to any small business.
    (b) Sunset.--Subsection (a) shall not have any force or effect 
after the date that is 1 year after the date of the enactment of this 
Act.
    (c) Report by FCC.--Not later than 180 days after the date of the 
enactment of this Act, the Commission shall submit to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report that 
contains the recommendations of the Commission (and data supporting 
such recommendations) regarding--
            (1) whether the exception provided by subsection (a) should 
        be made permanent; and
            (2) whether the definition of the term ``small business'' 
        for purposes of such exception should be modified from the 
        definition in subsection (d)(3).
    (d) Definitions.--In this section:
            (1) Broadband internet access service.--The term 
        ``broadband Internet access service'' has the meaning given 
        such term in section 8.2 of title 47, Code of Federal 
        Regulations.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Small business.--The term ``small business'' means any 
        provider of broadband Internet access service that has not more 
        than 100,000 subscribers aggregated over all the provider's 
        affiliates.

SEC. 4. GAO REPORT ON INTERNET ECOSYSTEM.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to Congress a 
report examining the effect of the rules described in section 2(b) on 
the virtuous cycle of the internet ecosystem and whether such rules 
protect the access of consumers to a free and open internet.

SEC. 5. REPORT.

    Not later than 3 days after the date of the enactment of this Act, 
the Federal Communications Commission shall submit to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report that 
lists the 27 provisions of title II of the Communications Act of 1934 
(47 U.S.C. 201 et seq.) and the over 700 rules and regulations referred 
to in paragraphs 5 and 37 of the Report and Order on Remand, 
Declaratory Ruling, and Order described in section 2(b)(1).

SEC. 6. GAO REPORT ON IMPORTANCE OF OPEN INTERNET RULES TO VULNERABLE 
              COMMUNITIES.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report examining the importance of the open 
internet rules to vulnerable communities.
    (b) Definitions.--In this section:
            (1) Open internet rules.--The term ``open internet rules'' 
        means the rules described in section 2(b).
            (2) Vulnerable communities.--The term ``vulnerable 
        communities'' means--
                    (A) ethnic and racial minorities;
                    (B) socioeconomically disadvantaged groups;
                    (C) rural populations;
                    (D) individuals with disabilities; and
                    (E) the elderly.

SEC. 7. REPORT BY FCC ON ENFORCEMENT ACTIONS.

    Not later than 1 year after the date of the enactment of this Act, 
the Federal Communications Commission shall submit to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report that 
describes all enforcement actions taken by the Commission under the 
rules described in section 2(b) since such date of enactment, including 
the amount of each fine imposed or settlement agreed to, the actions 
taken by the Commission to collect such fines and settlements, and the 
amounts of such fines and settlements collected.

SEC. 8. GAO REPORT ON BROADBAND INTERNET ACCESS SERVICE COMPETITION.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that--
            (1) examines the efforts by the Federal Communications 
        Commission to assess competition for providers of broadband 
        Internet access service (as defined in section 8.2 of title 47, 
        Code of Federal Regulations) in the market;
            (2) describes how the Commission can better assess 
        competition; and
            (3) includes a description of the steps, if any, the 
        Commission can take to better increase competition among 
        providers of broadband Internet access service (as defined in 
        section 8.2 of title 47, Code of Federal Regulations) in the 
        market.

SEC. 9. ENGAGEMENT AND OUTREACH IN INDIAN COUNTRY REGARDING THE 
              IMPORTANCE OF ADDRESSING THE UNIQUE BROADBAND INTERNET 
              ACCESS SERVICE CHALLENGES.

    (a) Engagement With Tribal Communities to Address Broadband 
Internet Access Service Needs.--Not later than 3 months after the date 
of the enactment of this Act, the Federal Communications Commission 
shall engage with and obtain feedback from Tribal stakeholders and 
providers of broadband Internet access service (as defined in section 
8.2 of title 47, Code of Federal Regulations) on the effectiveness of 
the Commission's obligation to consult with Indian Tribes to determine 
whether the Commission needs to clarify the Commission's Tribal 
engagement statement and ensure accessible and affordable broadband 
Internet access service (as defined in section 8.2 of title 47, Code of 
Federal Regulations) in the Tribal lands and areas through the 
engagement and outreach.
    (b) Findings.--The Congress finds the following:
            (1) According to an estimate from the U.S. Census Bureau, 
        just 53% of Native Americans living on Tribal lands have access 
        to high-speed internet service.
            (2) The Government Accountability Office has found that the 
        Federal Communications Commission data has overstated broadband 
        availability and access on Tribal lands in the United States.
            (3) A Federal court recently vacated a Federal 
        Communications Commission order that limited Federal subsidies 
        for wireless providers serving Tribal lands.
            (4) The United States Government, industry, and non-
        governmental organizations should do more to identify and 
        address the unique broadband access challenges faced by 
        individuals living on reservations and Tribal lands.

SEC. 10. ACCURACY OF DATA UNDERLYING BROADBAND DEPLOYMENT REPORTS.

    (a) Findings.--Congress finds the following:
            (1) The Commission has released reports on its inquiries 
        under section 706(b) of the Telecommunications Act of 1996 (47 
        U.S.C. 1302(b)) that detail the state of the deployment of 
        broadband service in the United States.
            (2) Congress and the Commission have relied upon the 
        accuracy of such reports to develop broadband policy.
            (3) The findings of such reports have been particularly 
        important to fostering rural broadband deployment and broadband 
        deployment to schools and classrooms.
    (b) Requirements.--The Commission--
            (1) may not release a report on an inquiry under section 
        706(b) of the Telecommunications Act of 1996 (47 U.S.C. 
        1302(b)) based on broadband deployment data that the Commission 
        knows to be inaccurate; and
            (2) shall use its best efforts to accurately detail 
        broadband deployment in the United States and correct 
        inaccuracies in statements made by the Commission prior to the 
        release of a report about the report.
    (c) Commission Defined.--In this section, the term ``Commission'' 
means the Federal Communications Commission.

SEC. 11. GAO REPORT ON HIGH-SPEED INFRASTRUCTURE.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress and the Federal Communications Commission a report that 
contains--
            (1) a list of ways the Federal Government can promote the 
        deployment of broadband Internet access service, especially the 
        buildout of such service to rural areas and areas without 
        access to such service at high speeds; and
            (2) recommendations with respect to policies and 
        regulations to ensure rural areas are provided affordable 
        access to broadband Internet access service.
    (b) Definitions.--In this section:
            (1) Broadband internet access service.--The term 
        ``broadband Internet access service'' has the meaning given 
        such term in section 8.2 of title 47, Code of Federal 
        Regulations.
            (2) Rural area.--The term ``rural area'' means any area 
        other than--
                    (A) a city, town, or incorporated area that has a 
                population of more than 20,000 inhabitants; or
                    (B) an urbanized area contiguous and adjacent to a 
                city or town that has a population of more than 50,000 
                inhabitants.

SEC. 12. GAO REPORT ON CHALLENGES TO ACCURATE MAPPING.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States shall--
            (1) determine the accuracy and granularity of the maps 
        produced by the Federal Communications Commission that depict 
        wireline and wireless broadband Internet access service 
        deployment in the United States; and
            (2) submit to Congress a report that--
                    (A) identifies--
                            (i) any program of the Federal 
                        Communications Commission under a rule restored 
                        under section 2(b) that relies on such maps, 
                        including any funding program; and
                            (ii) any action of the Federal 
                        Communications Commission taken under a rule 
                        restored under section 2(b) that relies on such 
                        maps, including any assessment of competition 
                        in an industry; and
                    (B) provides recommendations for how the Federal 
                Communications Commission can produce more accurate, 
                reliable, and granular maps that depict wireline and 
                wireless broadband Internet access service deployment 
                in the United States.
    (b) Broadband Internet Access Service Defined.--In this section, 
the term ``broadband Internet access service'' has the meaning given 
such term in section 8.2 of title 47, Code of Federal Regulations.

SEC. 13. GAO REPORT ON BENEFITS OF STANDALONE BROADBAND.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act the Comptroller General of the United States shall transmit to 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report that assesses the benefits to consumers of broadband 
internet access service being offered on a standalone basis (and not as 
part of a bundle with other services) by providers of broadband 
internet access. Such report shall include recommendations for 
legislation to increase the availability of standalone broadband 
internet access service to consumers, particularly those living in 
rural areas.
    (b) Definition.--As used in subsection (a), the term ``provider of 
broadband internet access'' means a provider of broadband internet 
access, as such term is defined in section 8.2 of title 47, Code of 
Federal Regulations.

SEC. 14. PLAN RELATING TO FORM 477 DATA COLLECTION.

    Not later than 30 days after the date of the enactment of this Act, 
the Federal Communications Commission shall submit to Congress a report 
containing a plan for how the Commission will evaluate and address 
problems with the collection on Form 477 of data regarding the 
deployment of broadband Internet access service (as defined in section 
8.2 of title 47, Code of Federal Regulations).

SEC. 15. LAWFUL CONTENT.

    (a) In General.--As described in the Report and Order on Remand, 
Declaratory Ruling, and Order in the matter of protecting and promoting 
the open internet that was adopted by the Federal Communications 
Commission on February 26, 2015 (FCC 15-24)--
            (1) nothing in this Act prohibits providers of broadband 
        Internet access service from blocking content that is not 
        lawful, such as child pornography or copyright-infringing 
        materials; and
            (2) nothing in this Act imposes any independent legal 
        obligation on providers of broadband Internet access service to 
        be the arbiter of what is lawful content.
    (b) Broadband Internet Access Service Defined.--In this section, 
the term ``broadband Internet access service'' has the meaning given 
such term in section 8.2 of title 47, Code of Federal Regulations.

            Passed the House of Representatives April 10, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
                                                        Calendar No. 74

116th CONGRESS

  1st Session

                               H. R. 1644

_______________________________________________________________________

                                 AN ACT

   To restore the open internet order of the Federal Communications 
                              Commission.

_______________________________________________________________________

                             April 29, 2019

            Read the second time and placed on the calendar