[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9853-S9858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     BROADBAND DATA IMPROVEMENT ACT

  Mr. WHITEHOUSE. I ask unanimous consent that the Senate proceed to 
the immediate consideration of Calendar No. 441, S. 1492.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1492) 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.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Commerce, Science, and Transportation with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Broadband Data Improvement 
     Act''.

     SEC. 2. 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. 3. IMPROVING FEDERAL DATA ON BROADBAND.

       (a) Improving FCC Broadband Data.--Within 120 days after 
     the date of enactment of this Act, the Federal Communications 
     Commission shall issue an order in WC docket No. 07-38 which 
     shall, at a minimum--
       (1) revise or update, if determined necessary, the existing 
     definitions of advanced telecommunications capability, or 
     broadband;
       (2) establish a new definition of second generation 
     broadband to reflect a data rate that is not less than the 
     data rate required to reliably transmit full-motion, high-
     definition video; and
       (3) revise its Form 477 reporting requirements to require 
     filing entities to report broadband connections and second 
     generation broadband connections by 5-digit postal zip code 
     plus 4-digit location.
       (b) Exception.--The Commission shall exempt an entity from 
     the reporting requirements of subsection (a)(3) if the 
     Commission determines that a compliance by that entity with 
     the requirements is cost prohibitive, as defined by the 
     Commission.
       (c) Improving Section 706 Inquiry.--Section 706 of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 nt) is 
     amended--
       (1) by striking ``regularly'' in subsection (b) and 
     inserting ``annually'';
       (2) by redesignating subsection (c) as subsection (e); and
       (3) by inserting after subsection (b) the following:
       ``(c) Measurement of Extent of Deployment.--In determining 
     under subsection (b) whether advanced telecommunications 
     capability is being deployed to all Americans in a reasonable 
     and timely fashion, the Commission shall consider data 
     collected using 5-digit postal zip code plus 4-digit 
     location.
       ``(d) Demographic Information for Unserved Areas.--As part 
     of the inquiry required by subsection (b), the Commission 
     shall, using 5-digit postal zip code plus 4-digit location 
     information, 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 nt)) 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.'';
       (4) by inserting ``an evolving level of'' after 
     ``technology,'' in paragraph (1) of subsection (e), as 
     redesignated.
       (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.

     SEC. 4. 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 megabyte of 
     broadband offerings;
       (2) to reflect the average actual speed of broadband 
     offerings compared to advertised potential speeds;
       (3) to compare 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 one 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

[[Page S9854]]

     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. 5. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON 
                   SMALL BUSINESSES.

       (a) In General.--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 one year 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. 6. 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 home 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; and
       (2) contribute matching non-Federal funds in an amount 
     equal to not less than 20 percent of the total amount of the 
     grant.
       (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 and second generation broadband identified by the 
     Federal Communications Commission 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 and underserved 
     areas, 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 and underserved populations;
       (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, and where feasible second generation 
     broadband service, which shall--
       (A) identify gaps in such service through a method of 
     geographic information system mapping of service availability 
     at the census block level; 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.--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 web 
     site 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) Definitions.--In this section:
       (1) Eligible Entity.--The term ``eligible entity'' means a 
     non-profit organization that is selected by a State to work 
     in partnership with State agencies and private sector 
     partners in identifying and tracking the availability and 
     adoption of broadband services within each State.
       (2) Nonprofit Organization.--The term ``nonprofit 
     organization'' means an organization--
       (A) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code;
       (B) no part of the net earnings of which inures to the 
     benefit of any member, founder, contributor, or individual;
       (C) that has an established competency and proven record of 
     working with public and private sectors to accomplish 
     widescale deployment and adoption of broadband services and 
     information technology; and
       (D) the board of directors of which is not composed of a 
     majority of individuals who are also employed by, or 
     otherwise associated with, any Federal, State, or local 
     government or any Federal, State, or local agency.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $40,000,000 for 
     each of fiscal years 2008 through 2012.
       (j) No Regulatory Authority.--Nothing in this section shall 
     be construed as giving any public or private entity 
     established or affected by this Act any regulatory 
     jurisdiction or oversight authority over providers of 
     broadband services or information technology.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Broadband Data Improvement 
     Act''.

     SEC. 2. 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. 3. IMPROVING FEDERAL DATA ON BROADBAND.

       (a) Improving FCC Broadband Data.--Within 120 days after 
     the date of enactment of this Act, the Federal Communications 
     Commission shall issue an order in WC docket No. 07-38 which 
     shall, at a minimum--
       (1) revise or update, if determined necessary, the existing 
     definitions of advanced telecommunications capability, or 
     broadband;
       (2) identify tiers of broadband service, among those used 
     by the Commission in collecting Form 477 data, in which a 
     substantial majority of the connections in such tier provide 
     consumers with an information transfer rate capable of 
     reliably transmitting full-motion, high definition video; and

[[Page S9855]]

       (3) revise its Form 477 reporting requirements as necessary 
     to enable the Commission to identify actual numbers of 
     broadband connections subscribed to by residential and 
     business customers, separately, either within a relevant 
     census tract from the most recent decennial census, a 9-digit 
     postal zip code, or a 5-digit postal zip code, as the 
     Commission deems appropriate.
       (b) Exception.--The Commission shall exempt an entity from 
     the reporting requirements of subsection (a)(3) if the 
     Commission determines that a compliance by that entity with 
     the requirements is cost prohibitive, as defined by the 
     Commission.
       (c) Improving Section 706 Inquiry.--Section 706 of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 nt) is 
     amended--
       (1) by striking ``regularly'' in subsection (b) and 
     inserting ``annually'';
       (2) by redesignating subsection (c) as subsection (e);
       (3) by inserting after subsection (b) the following:
       ``(c) Measurement of Extent of Deployment.--In determining 
     under subsection (b) whether advanced telecommunications 
     capability is being deployed to all Americans in a reasonable 
     and timely fashion, the Commission shall consider data 
     collected through Form 477 reporting requirements.
       ``(d) 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 nt)) 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.''; and
       (4) by inserting ``an evolving level of'' after 
     ``technology, as'' in paragraph (1) of subsection (e), as 
     redesignated.
       (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.

     SEC. 4. 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 one 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. 5. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON 
                   SMALL BUSINESSES.

       (a) In General.--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 one year 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. 6. 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 home 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; and
       (B) provide the results of any review by such group to the 
     Secretary of Commerce.
       (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, including information transfer rates 
     identified under section 3(a)(2) of this Act, 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 availability of broadband 
     service connections meeting information transfer rates 
     identified by the Commission under section 3(a)(2) of this 
     Act, which shall--
       (A) identify gaps in such service through a method of 
     geographic information system mapping of service availability 
     at the census block

[[Page S9856]]

     level 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.--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 web 
     site 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 Act 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 
     non-profit organization that is selected by a State to work 
     in partnership with State agencies and private sector 
     partners in identifying and tracking the availability and 
     adoption of broadband services within each State.
       (3) Nonprofit Organization.--The term ``nonprofit 
     organization'' means an organization--
       (A) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code;
       (B) no part of the net earnings of which inures to the 
     benefit of any member, founder, contributor, or individual;
       (C) that has an established competency and proven record of 
     working with public and private sectors to accomplish 
     widescale deployment and adoption of broadband services and 
     information technology;
       (D) that has a board of directors a majority of which is 
     not composed of individuals who are also employed by, or 
     otherwise associated with, any Federal, State, or local 
     government or any Federal, State, or local agency; and
       (E) that has a board of directors which does not include 
     any member that is employed either by a broadband service 
     provider or by any other company in which a broadband service 
     provider owns a controlling or attributable interest.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $40,000,000 for 
     each of fiscal years 2008 through 2012.
       (k) No Regulatory Authority.--Nothing in this section shall 
     be construed as giving any public or private entity 
     established or affected by this Act any regulatory 
     jurisdiction or oversight authority over providers of 
     broadband services or information technology.

  Mr. WHITEHOUSE. I ask unanimous consent that an Inouye amendment 
which is at the desk be considered; that an Inouye second-degree 
amendment be considered and agreed to; the Inouye amendment, as 
amended, be agreed to; the committee substitute amendment, as amended, 
be agreed to; the bill, as amended, be read a third time and passed; 
the motions to reconsider be laid upon the table with no intervening 
action or debate; and any statements related to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5664) is printed in today's Record under ``Text of 
Amendments.''
  The amendment (No. 5665 to amendment No. 5664) was agreed to, as 
follows:

    (Purpose: To make technical and minor changes to the substitute 
                               amendment)

       On page 19, line 19, strike ``102'' and insert ``212''.
       On page 20, beginning on line 16, strike ``amendments made 
     by this Act with respect to the content of such reports 
     and''.
       On page 23, line 7, beginning with ``amended--'' strike 
     through line 18 and insert ``amended by striking `or 1464' in 
     subparagraph (D) and inserting `1464, or 2252' ''.
  The amendment (No. 5664), as amended, was agreed to.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 1492), as amended, was ordered to be engrossed for a 
third reading, read the third time, and passed, as follows:

                                S. 1492

       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;

[[Page S9857]]

       (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

[[Page S9858]]

     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''.

     

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