[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2238 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2238

 To direct the Assistant Secretary of Commerce for Communications and 
Information to develop a National Strategy to Close the Digital Divide, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2023

     Mr. Wicker (for himself, Mr. Lujan, Mr. Thune, and Mr. Welch) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To direct the Assistant Secretary of Commerce for Communications and 
Information to develop a National Strategy to Close the Digital Divide, 
                        and for other purposes.

    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 ``Proper Leadership to Align Networks 
for Broadband Act'' or the ``PLAN for Broadband Act''.

SEC. 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) Covered agencies.--The term ``covered agencies'' 
        means--
                    (A) the Federal Communications Commission;
                    (B) the Department of Agriculture;
                    (C) the National Telecommunications and Information 
                Administration;
                    (D) the Department of Health and Human Services;
                    (E) the Appalachian Regional Commission;
                    (F) the Delta Regional Authority;
                    (G) the Economic Development Administration;
                    (H) the Department of Education;
                    (I) the Department of the Treasury;
                    (J) the Department of Transportation;
                    (K) the Institute of Museum and Library Services;
                    (L) the Northern Border Regional Commission;
                    (M) the Department of Housing and Urban 
                Development; and
                    (N) the Department of the Interior.
            (4) 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.
            (5) Implementation plan.--The term ``Implementation Plan'' 
        means the implementation plan developed under section 4(a).
            (6) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each commonwealth, 
        territory, or possession of the United States.
            (7) Strategy.--The term ``Strategy'' means the National 
        Strategy to Close the Digital Divide developed under section 
        3(a).

SEC. 3. NATIONAL STRATEGY TO CLOSE THE DIGITAL DIVIDE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Assistant Secretary, in consultation with the heads of 
the covered agencies, shall develop and submit to the appropriate 
committees of Congress a National Strategy to Close the Digital Divide 
to--
            (1) support better management of Federal broadband programs 
        to deliver on the goal of providing high-speed, affordable 
        broadband internet access service to all individuals in the 
        United States;
            (2) synchronize interagency coordination among covered 
        agencies for Federal broadband programs;
            (3) synchronize interagency coordination regarding the 
        process for approving the grant of an 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 barriers, lower costs, and ease administrative 
        burdens for State, local, and Tribal governments to participate 
        in Federal broadband programs.
    (b) Required Contents.--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, that 
        hinder, or may hinder, coordination across Federal broadband 
        programs;
            (4) establish clear roles and responsibilities for the 
        heads of 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 for State, local, and Tribal governments 
        with respect to participation in Federal broadband programs;
            (7) 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
                    (B) resolve conflicts with respect to the funding 
                described in subparagraph (A);
            (8) 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;
            (9) describe current, as of the date on which the Strategy 
        is submitted, efforts by covered agencies to streamline the 
        process for granting access to an 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;
            (10) identify gaps and limitations with respect to allowing 
        regional, interstate, or cross-border economic development 
        organizations to participate in Federal broadband programs; and
            (11) address specific issues relating to closing the 
        digital divide on Tribal lands.
    (c) Public Consultation.--In developing the Strategy, the Assistant 
Secretary shall consult with--
            (1) groups that represent consumers or the interests of the 
        public, including economically or socially disadvantaged 
        individuals;
            (2) subject matter experts;
            (3) providers of broadband internet access service;
            (4) Tribal entities; and
            (5) State and local agencies and entities.

SEC. 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) Required Contents.--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) provide a plan for holding the covered agencies 
        accountable for the roles, responsibilities, goals, objectives, 
        and performance measures identified in the Strategy;
            (3) describe the roles and responsibilities of the covered 
        agencies, and the interagency mechanisms, to coordinate the 
        implementation of the Strategy;
            (4) provide a plan for regular meetings among the heads of 
        the covered agencies to coordinate the implementation of the 
        Strategy and improve coordination among Federal broadband 
        programs and for permitting processes for infrastructure with 
        respect to broadband internet access service;
            (5) provide a plan for regular engagement with interested 
        members of the public to evaluate Federal broadband programs, 
        permitting processes for infrastructure with respect to 
        broadband internet access service, and progress in implementing 
        the Strategy;
            (6) 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
                    (B) applications regarding those awards, as 
                described in section 903(e) of the ACCESS BROADBAND Act 
                (47 U.S.C. 1307(e));
            (7) provide a plan to monitor and reduce waste, fraud, and 
        abuse in Federal broadband programs, including wasteful 
        spending resulting from fragmented, overlapping, and 
        unnecessarily duplicative programs;
            (8) 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));
            (9) provide a plan to increase awareness of, and 
        participation and enrollment in, Federal broadband programs 
        relating to the affordability and adoption of broadband 
        internet access service; and
            (10) describe the administrative and legislative action 
        that is necessary to carry out the Strategy.
    (c) Public Comment.--Not later than 30 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 seek public comment regarding the development and implementation 
of the Implementation Plan.

SEC. 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.

SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study that shall--
            (1) examine the efficacy of the Strategy and the 
        Implementation Plan in closing the digital divide; and
            (2) make recommendations regarding how to improve the 
        Strategy and the Implementation Plan.
    (b) 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 
shall submit to the appropriate committees of Congress a report on the 
results of the study conducted under subsection (a).
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