[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[House]
[Pages H1458-H1464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    BROADBAND DEPLOYMENT ACCURACY AND TECHNOLOGICAL AVAILABILITY ACT

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (S. 1822) to require the Federal 
Communications Commission to issue rules relating to the collection of 
data with respect to the availability of broadband services, and for 
other purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  The text of the bill is as follows:

                                S. 1822

       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 ``Broadband Deployment 
     Accuracy and Technological Availability Act'' or the 
     ``Broadband DATA Act''.

     SEC. 2. BROADBAND DATA.

       The Communications Act of 1934 (47 U.S.C. 151 et seq.) is 
     amended by adding at the end the following:

                      ``TITLE VIII--BROADBAND DATA

     ``SEC. 801. DEFINITIONS.

       ``In this title:
       ``(1) Broadband internet access service.--The term 
     `broadband internet access service' has the meaning given the 
     term in section 8.1(b) of title 47, Code of Federal 
     Regulations, or any successor regulation.
       ``(2) Broadband map.--The term `Broadband Map' means the 
     map created by the Commission under section 802(c)(1)(A).
       ``(3) Cell edge probability.--The term `cell edge 
     probability' means the likelihood that the minimum threshold 
     download and upload speeds with respect to broadband internet 
     access service will be met or exceeded at a distance from a 
     base station that is intended to indicate the ultimate edge 
     of the coverage area of a cell.
       ``(4) Cell loading.--The term `cell loading' means the 
     percentage of the available air interface resources of a base 
     station that are used by consumers with respect to broadband 
     internet access service.
       ``(5) Clutter.--The term `clutter' means a natural or man-
     made surface feature that affects the propagation of a signal 
     from a base station.
       ``(6) Fabric.--The term `Fabric' means the Broadband 
     Serviceable Location Fabric established under section 
     802(b)(1)(B).
       ``(7) Form 477.--The term `Form 477' means Form 477 of the 
     Commission relating to local telephone competition and 
     broadband reporting.
       ``(8) Indian tribe.--The term `Indian Tribe' has the 
     meaning given the term `Indian tribe' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       ``(9) Mobility fund phase ii.--The term `Mobility Fund 
     Phase II' means the second phase of the proceeding to provide 
     universal service support from the Mobility Fund (WC Docket 
     No. 10-90; WT Docket No. 10-208).
       ``(10) Propagation model.--The term `propagation model' 
     means a mathematical formulation for the characterization of 
     radio wave propagation as a function of frequency, distance, 
     and other conditions.
       ``(11) Provider.--The term `provider' means a provider of 
     fixed or mobile broadband internet access service.
       ``(12) Quality of service.--The term `quality of service' 
     means, with respect to broadband internet access service, the 
     download and upload speeds (and, for relevant services, 
     latency) with respect to that service, as determined by, and 
     to the extent otherwise collected by, the Commission.
       ``(13) Shapefile.--The term `shapefile' means a digital 
     storage format containing geospatial or location-based data 
     and attribute information--
       ``(A) regarding the availability of broadband internet 
     access service; and
       ``(B) that can be viewed, edited, and mapped in geographic 
     information system software.
       ``(14) Standard broadband installation.--The term `standard 
     broadband installation'--
       ``(A) means the initiation by a provider of fixed broadband 
     internet access service in an area in which the provider has 
     not previously offered that service, with no charges or 
     delays attributable to the extension of the network of the 
     provider; and
       ``(B) includes the initiation of fixed broadband internet 
     access service through routine installation that can be 
     completed not later than 10 business days after the date on 
     which the service request is submitted.

     ``SEC. 802. BROADBAND MAPS.

       ``(a) Rules.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this title, the Commission shall issue final 
     rules that shall--
       ``(A) require the biannual collection and dissemination of 
     granular data, as determined by the Commission--
       ``(i) relating to the availability and quality of service 
     with respect to terrestrial fixed, fixed wireless, satellite, 
     and mobile broadband internet access service; and
       ``(ii) that the Commission shall use to compile the maps 
     created under subsection (c)(1) (referred to in this section 
     as `coverage maps'), which the Commission shall make publicly 
     available; and
       ``(B) establish--

[[Page H1459]]

       ``(i) processes through which the Commission can verify the 
     accuracy of data submitted under subsection (b)(2);
       ``(ii) processes and procedures through which the 
     Commission, and, as necessary, other entities or individuals 
     submitting non-public or competitively sensitive information 
     under this title, can protect the security, privacy, and 
     confidentiality of that non-public or competitively sensitive 
     information, including--

       ``(I) information contained in the Fabric;
       ``(II) the dataset created under subsection (b)(1)(A) 
     supporting the Fabric; and
       ``(III) the data submitted under subsection (b)(2);

       ``(iii) the challenge process described in subsection 
     (b)(5); and
       ``(iv) the process described in section 804(b).
       ``(2) Other data.--In issuing the rules under paragraph 
     (1), the Commission shall develop a process through which the 
     Commission can collect verified data for use in the coverage 
     maps from--
       ``(A) State, local, and Tribal governmental entities that 
     are primarily responsible for mapping or tracking broadband 
     internet access service coverage for a State, unit of local 
     government, or Indian Tribe, as applicable;
       ``(B) third parties, if the Commission determines that it 
     is in the public interest to use such data in--
       ``(i) the development of the coverage maps; or
       ``(ii) the verification of data submitted under subsection 
     (b); and
       ``(C) other Federal agencies.
       ``(3) Updates.--The Commission shall revise the rules 
     issued under paragraph (1) to--
       ``(A) reflect changes in technology;
       ``(B) ensure the accuracy of propagation models, as further 
     provided in subsection (b)(3); and
       ``(C) improve the usefulness of the coverage maps.
       ``(b) Content of Rules.--
       ``(1) Establishment of a serviceable location fabric 
     regarding fixed broadband.--
       ``(A) Dataset.--
       ``(i) In general.--The Commission shall create a common 
     dataset of all locations in the United States where fixed 
     broadband internet access service can be installed, as 
     determined by the Commission.
       ``(ii) Contracting.--

       ``(I) In general.--Subject to subclauses (II) and (III), 
     the Commission may contract with an entity with expertise 
     with respect to geographic information systems (referred to 
     in this subsection as `GIS') to create and maintain the 
     dataset under clause (i).
       ``(II) Application of the federal acquisition regulation.--
     A contract into which the Commission enters under subclause 
     (I) shall in all respects comply with applicable provisions 
     of the Federal Acquisition Regulation.
       ``(III) Limitations.--With respect to a contract into which 
     the Commission enters under subclause (I)--

       ``(aa) the entity with which the Commission enters into the 
     contract shall be selected through a competitive bid process 
     that is transparent and open; and
       ``(bb) the contract shall be for a term of not longer than 
     5 years, after which the Commission may enter into a new 
     contract--
       ``(AA) with an entity, and for the purposes, described in 
     clause (i); and
       ``(BB) that complies with the requirements under subclause 
     (II) and this subclause; and
       ``(cc) the contract shall--
       ``(AA) prohibit the entity described in item (aa) from 
     selling, leasing, or otherwise disclosing for monetary 
     consideration any personally identifiable information to any 
     other entity other than for purposes authorized under this 
     title; and
       ``(BB) require the entity described in item (aa) to include 
     in any contract with any other entity a provision that 
     prohibits that other entity from engaging in an action that 
     is prohibited under subitem (AA).
       ``(B) Fabric.--The rules issued by the Commission under 
     subsection (a)(1) shall establish the Broadband Serviceable 
     Location Fabric, which shall--
       ``(i) contain geocoded information for each location 
     identified under subparagraph (A)(i);
       ``(ii) serve as the foundation upon which all data relating 
     to the availability of fixed broadband internet access 
     service collected under paragraph (2)(A) shall be reported 
     and overlaid;
       ``(iii) be compatible with commonly used GIS software; and
       ``(iv) at a minimum, be updated every 6 months by the 
     Commission.
       ``(C) Implementation priority.--The Commission shall 
     prioritize implementing the Fabric for rural and insular 
     areas of the United States.
       ``(2) Collection of information.--The rules issued by the 
     Commission under subsection (a)(1) shall include uniform 
     standards for the reporting of broadband internet access 
     service data that the Commission shall collect--
       ``(A) from each provider of terrestrial fixed, fixed 
     wireless, or satellite broadband internet access service, 
     which shall include data that--
       ``(i) documents the areas where the provider--

       ``(I) has actually built out the broadband network 
     infrastructure of the provider such that the provider is able 
     to provide that service; and
       ``(II) could provide that service, as determined by 
     identifying where the provider is capable of performing a 
     standard broadband installation, if applicable;

       ``(ii) includes information regarding download and upload 
     speeds, at various thresholds established by the Commission, 
     and, if applicable, latency with respect to broadband 
     internet access service that the provider makes available;
       ``(iii) can be georeferenced to the GIS data in the Fabric;
       ``(iv) the provider shall report as--

       ``(I) with respect to providers of fixed wireless broadband 
     internet access service--

       ``(aa) propagation maps and propagation model details 
     that--
       ``(AA) satisfy standards that are similar to those 
     applicable to providers of mobile broadband internet access 
     service under subparagraph (B) with respect to propagation 
     maps and propagation model details, taking into account 
     material differences between fixed wireless and mobile 
     broadband internet access service; and
       ``(BB) reflect the speeds and latency of the service 
     provided by the provider; or
       ``(bb) a list of addresses or locations that constitute the 
     service area of the provider, except that the Commission--
       ``(AA) may only permit, and not require, a provider to 
     report the data using that means of reporting; and
       ``(BB) in the rules issued under subsection (a)(1), shall 
     provide a method for using that means of reporting with 
     respect to Tribal areas; and

       ``(II) with respect to providers of terrestrial fixed and 
     satellite broadband internet access service--

       ``(aa) polygon shapefiles; or
       ``(bb) a list of addresses or locations that constitute the 
     service area of the provider, except that the Commission--
       ``(AA) may only permit, and not require, a provider to 
     report the data using that means of reporting; and
       ``(BB) in the rules issued under subsection (a)(1), shall 
     provide a method for using that means of reporting with 
     respect to Tribal areas; and
       ``(v) the Commission determines is appropriate with respect 
     to certain technologies in order to ensure that the Broadband 
     Map is granular and accurate; and
       ``(B) from each provider of mobile broadband internet 
     access service, which shall include propagation maps and 
     propagation model details that indicate the current (as of 
     the date on which the information is collected) fourth 
     generation Long-Term Evolution (commonly referred to as `4G 
     LTE') mobile broadband internet access service coverage of 
     the provider, which shall--
       ``(i) take into consideration the effect of clutter; and
       ``(ii) satisfy--

       ``(I) the requirements of having--

       ``(aa) a download speed of not less than 5 megabits per 
     second and an upload speed of not less than 1 megabit per 
     second with a cell edge probability of not less than 90 
     percent; and
       ``(bb) cell loading of not less than 50 percent; and

       ``(II) any other parameter that the Commission determines 
     to be necessary to create a map under subsection (c)(1)(C) 
     that is more precise than the map produced as a result of the 
     submissions under the Mobility Fund Phase II information 
     collection.

       ``(3) Update of reporting standards for mobile broadband 
     internet access service.--For the purposes of paragraph 
     (2)(B), if the Commission determines that the reporting 
     standards under that paragraph are insufficient to collect 
     accurate propagation maps and propagation model details with 
     respect to future generations of mobile broadband internet 
     access service technologies, the Commission shall immediately 
     commence a rule making to adopt new reporting standards with 
     respect to those technologies that--
       ``(A) shall be the functional equivalent of the standards 
     required under paragraph (2)(B); and
       ``(B) allow for the collection of propagation maps and 
     propagation model details that are as accurate and granular 
     as, or more accurate and granular than, the maps and model 
     details collected by the Commission under paragraph (2)(B).
       ``(4) Certification and verification.--With respect to a 
     provider that submits information to the Commission under 
     paragraph (2)--
       ``(A) the provider shall include in each submission a 
     certification from a corporate officer of the provider that 
     the officer has examined the information contained in the 
     submission and that, to the best of the officer's actual 
     knowledge, information, and belief, all statements of fact 
     contained in the submission are true and correct; and
       ``(B) the Commission shall verify the accuracy and 
     reliability of the information in accordance with measures 
     established by the Commission.
       ``(5) Challenge process.--
       ``(A) In general.--In the rules issued under subsection 
     (a), and subject to subparagraph (B), the Commission shall 
     establish a user-friendly challenge process through which 
     consumers, State, local, and Tribal governmental entities, 
     and other entities or individuals may submit coverage data to 
     the Commission to challenge the accuracy of--
       ``(i) the coverage maps;
       ``(ii) any information submitted by a provider regarding 
     the availability of broadband internet access service; or

[[Page H1460]]

       ``(iii) the information included in the Fabric.
       ``(B) Considerations; verification; response to 
     challenges.--In establishing the challenge process required 
     under subparagraph (A), the Commission shall--
       ``(i) consider--

       ``(I) the types of information that an entity or individual 
     submitting a challenge should provide to the Commission in 
     support of the challenge;
       ``(II) the appropriate level of granularity for the 
     information described in subclause (I);
       ``(III) the need to mitigate the time and expense incurred 
     by, and the administrative burdens placed on, entities or 
     individuals in--

       ``(aa) challenging the accuracy of a coverage map; and
       ``(bb) responding to challenges described in item (aa);

       ``(IV) the costs to consumers and providers resulting from 
     a misallocation of funds because of a reliance on outdated or 
     otherwise inaccurate information in the coverage maps;
       ``(V) any lessons learned from the challenge process 
     established under Mobility Fund Phase II, as determined from 
     comments solicited by the Commission; and
       ``(VI) the need for user-friendly challenge submission 
     formats that will promote participation in the challenge 
     process;

       ``(ii) include a process for verifying the data submitted 
     through the challenge process in order to ensure the 
     reliability of that data;
       ``(iii) allow providers to respond to challenges submitted 
     through the challenge process; and
       ``(iv) develop an online mechanism, which--

       ``(I) shall be integrated into the coverage maps;
       ``(II) allows for an entity described in subparagraph (A) 
     to submit a challenge under the challenge process;
       ``(III) makes challenge data available in both geographic 
     information system and non-geographic information system 
     formats; and
       ``(IV) clearly identifies the areas in which broadband 
     internet access service is available, and the upload and 
     download speeds at which that service is available, as 
     reported to the Commission under this section.

       ``(C) Use of challenges.--The rules issued to establish the 
     challenge process under subparagraph (A) shall include--
       ``(i) a process for the speedy resolution of challenges; 
     and
       ``(ii) a process for the regular and expeditious updating 
     of the coverage maps and granular data disseminated by the 
     Commission as challenges are resolved.
       ``(D) Report to congress.--Not earlier than 1 year, and not 
     later than 18 months, after the date on which the rules 
     issued under subsection (a)(1) take effect, the Commission 
     shall, after an opportunity for notice and comment, submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report that--
       ``(i) evaluates the challenge process described in 
     subparagraph (A); and
       ``(ii) considers whether the Commission should commence an 
     inquiry on the need for other tools to help--

       ``(I) identify potential inaccuracies in the data relating 
     to broadband internet access service that providers report; 
     and
       ``(II) improve the accuracy of the data described in 
     subclause (I).

       ``(6) Reform of form 477 process.--
       ``(A) In general.--Not later than 180 days after the date 
     on which the rules issued under subsection (a) take effect, 
     the Commission shall--
       ``(i) reform the Form 477 broadband deployment service 
     availability collection process of the Commission--

       ``(I) to achieve the purposes of this title; and
       ``(II) in a manner that--

       ``(aa) enables the comparison of data and maps produced 
     before the implementation of this title with data and 
     coverage maps produced after the implementation of this 
     title; and
       ``(bb) maintains the public availability of data relating 
     to the deployment of broadband internet access service; and
       ``(ii) harmonize reporting requirements and procedures 
     regarding the deployment of broadband internet access service 
     that are in effect on the day before the date on which the 
     rules issued under subsection (a)(1) take effect with those 
     requirements and procedures in those rules.
       ``(B) Continued collection and reporting.--On and after the 
     date on which the Commission carries out subparagraph (A), 
     the Commission shall continue to collect and publicly report 
     subscription data that the Commission collected through the 
     Form 477 broadband deployment service availability process, 
     as in effect on July 1, 2019.
       ``(7) Sharing data with ntia.--The Commission shall 
     establish a process to make the data collected under 
     paragraph (2) available to the National Telecommunications 
     and Information Administration.
       ``(c) Maps.--The Commission shall--
       ``(1) after consultation with the Federal Geographic Data 
     Committee established under section 753(a) of the Geospatial 
     Data Act of 2018, create--
       ``(A) the Broadband Map, which shall depict--
       ``(i) the extent of the availability of broadband internet 
     access service in the United States, without regard to 
     whether that service is fixed broadband internet access 
     service or mobile broadband internet access service, which 
     shall be based on data collected by the Commission from all 
     providers; and
       ``(ii) the areas of the United States that remain unserved 
     by providers;
       ``(B) a map that depicts the availability of fixed 
     broadband internet access service, which shall be based on 
     data collected by the Commission from providers under 
     subsection (b)(2)(A); and
       ``(C) a map that depicts the availability of mobile 
     broadband internet access service, which shall be based on 
     data collected by the Commission from providers under 
     subsection (b)(2)(B);
       ``(2) use the maps created under paragraph (1)--
       ``(A) to determine the areas in which terrestrial fixed, 
     fixed wireless, mobile, and satellite broadband internet 
     access service is and is not available; and
       ``(B) when making any new award of funding with respect to 
     the deployment of broadband internet access service;
       ``(3) update the maps created under paragraph (1) not less 
     frequently than biannually using the most recent data 
     collected from providers under subsection (b)(2);
       ``(4) consult with--
       ``(A) the Secretary of Agriculture to enable the Secretary 
     of Agriculture to consult the maps created under paragraph 
     (1) when considering the awarding of funds for the deployment 
     of broadband internet access service under any program 
     administered by the Administrator of the Rural Utilities 
     Service; and
       ``(B) the National Telecommunications and Information 
     Administration to enable the Administration to consult the 
     maps created under paragraph (1) when considering the 
     awarding of funds for the deployment of broadband internet 
     access service under any future program administered by the 
     Administration;
       ``(5) make available to any Federal agency, upon request, 
     the maps created under paragraph (1); and
       ``(6) make public at an appropriate level of granularity--
       ``(A) the maps created under paragraph (1); and
       ``(B) the data collected by the Commission with respect to 
     the availability of broadband internet access service and the 
     quality of service with respect to broadband internet access 
     service.
       ``(d) Delayed Effective Date for Quality of Service 
     Rules.--Any requirement of a rule issued under subsection 
     (a)(1) that relates to quality of service shall take effect 
     not earlier than the date that is 180 days after the date on 
     which the Commission issues that rule.

     ``SEC. 803. ENFORCEMENT.

       ``It shall be unlawful for an entity or individual to 
     willfully and knowingly, or recklessly, submit information or 
     data under this title that is materially inaccurate or 
     incomplete with respect to the availability of broadband 
     internet access service or the quality of service with 
     respect to broadband internet access service.

     ``SEC. 804. IMPROVING DATA ACCURACY.

       ``(a) Audits.--The Commission shall conduct regular audits 
     of information submitted to the Commission by providers under 
     section 802(b)(2) to ensure that the providers are complying 
     with this title.
       ``(b) Crowdsourcing.--
       ``(1) In general.--The Commission shall develop a process 
     through which entities or individuals in the United States 
     may submit specific information about the deployment and 
     availability of broadband internet access service in the 
     United States on an ongoing basis so that the information may 
     be used to verify and supplement information provided by 
     providers of broadband internet access service for inclusion 
     in the maps created under section 802(c)(1).
       ``(2) Collaboration.--As part of the efforts of the 
     Commission to facilitate the ability of entities and 
     individuals to submit information under paragraph (1), the 
     Commission shall--
       ``(A) prioritize the consideration of data provided by data 
     collection applications used by consumers that the Commission 
     has determined--
       ``(i) are highly reliable; and
       ``(ii) have proven methodologies for determining network 
     coverage and network performance;
       ``(B) not later than 1 year after the date of enactment of 
     this title, conclude a process that tests the feasibility of 
     partnering with Federal agencies that operate delivery fleet 
     vehicles, including the United States Postal Service, to 
     facilitate the collection and submission of information 
     described in that paragraph; and
       ``(C) not later than 14 months after the date of enactment 
     of this title, publish on the website of the Commission, and 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives, a report regarding 
     the testing described in subparagraph (B), which shall 
     include--
       ``(i) a determination regarding whether the partnerships 
     with Federal agencies described in that subparagraph are able 
     to facilitate

[[Page H1461]]

     the collection and submission of information described in 
     paragraph (1); and
       ``(ii) any steps that the Commission plans to take to 
     facilitate the partnerships described in that subparagraph.
       ``(c) Technical Assistance to Indian Tribes.--
       ``(1) In general.--Subject to paragraph (2), the Commission 
     shall hold workshops for Tribal governments in each of the 12 
     Bureau of Indian Affairs regions to provide technical 
     assistance with the collection and submission of data under 
     section 802(a)(2).
       ``(2) Annual review.--Each year, the Commission, in 
     consultation with Indian Tribes, shall review the need for 
     continued workshops required under paragraph (1).
       ``(d) Technical Assistance to Small Service Providers.--The 
     Commission shall establish a process through which a provider 
     that has fewer than 100,000 active broadband internet access 
     service connections may request and receive assistance from 
     the Commission with respect to geographic information system 
     data processing to ensure that the provider is able to comply 
     with the requirements under section 802(b) in a timely and 
     accurate manner.
       ``(e) Technical Assistance to State, Local, and Tribal 
     Governments and Consumers.--The Commission shall provide 
     technical assistance to consumers and State, local, and 
     Tribal governmental entities with respect to the challenge 
     process established under section 802(b)(5), which shall 
     include--
       ``(1) detailed tutorials and webinars; and
       ``(2) the provision of staff of the Commission to provide 
     assistance, as needed, throughout the entirety of the 
     challenge process.
       ``(f) GAO Assessment of Fabric Source Data.--
       ``(1) In general.--The Comptroller General of the United 
     States shall conduct an assessment of key data sources that 
     are used for purposes of the Fabric to identify and geocode 
     locations where fixed broadband internet access service can 
     be installed in order for the Comptroller General to develop 
     recommendations for how the quality and completeness of those 
     data sources can be improved as data sources for the Fabric.
       ``(2) Sources included.--For the purposes of the assessment 
     conducted under paragraph (1), the key data sources described 
     in that paragraph shall include--
       ``(A) any relevant sources of Federal data, including the 
     National Address Database administered by the Department of 
     Transportation;
       ``(B) State- and county-level digitized parcel data; and
       ``(C) property tax attribute recording.
       ``(3) Report.--Not later than 1 year after the date of 
     enactment of this title, the Comptroller General of the 
     United States shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that contains the recommendations developed under 
     paragraph (1).

     ``SEC. 805. COST.

       ``(a) USF.--The Commission may not use funds from the 
     universal service programs of the Commission established 
     under section 254, and the regulations issued under that 
     section, to pay for any costs associated with this title.
       ``(b) Other Funds.--The Commission may recover costs 
     associated with this title under section 9 to the extent 
     provided for in an appropriation Act, as required under 
     subsection (a) of that section.

     ``SEC. 806. OTHER PROVISIONS.

       ``(a) OMB.--Notwithstanding any other provision of law, the 
     initial rule making required under section 802(a)(1) shall be 
     exempt from review by the Office of Management and Budget.
       ``(b) PRA.--Chapter 35 of title 44, United States Code 
     (commonly known as the `Paperwork Reduction Act') shall not 
     apply to the initial rule making required under section 
     802(a)(1).
       ``(c) Execution of Responsibilities.--Except as provided in 
     section 802(b)(1)(A)(ii), the Commission--
       ``(1) including the offices of the Commission, shall carry 
     out the responsibilities assigned to the Commission under 
     this title; and
       ``(2) may not delegate any of the responsibilities assigned 
     to the Commission under this title to any third party, 
     including the Universal Service Administrative Company.
       ``(d) Reporting.--Each fiscal year, the Commission shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report that 
     summarizes the implementation of this title and associated 
     enforcement activities conducted during the previous fiscal 
     year.
       ``(e) Rule of Construction.--If the Commission, before the 
     date of enactment of this title, has taken an action that, in 
     whole or in part, implements this title, the Commission shall 
     not be required to revisit such action to the extent that 
     such action is consistent with this title.''.


     Amendment in the Nature of a Substitute Offered by Mr. Pallone

  Mr. PALLONE. Mr. Speaker, I have an amendment at the desk.
  The SPEAKER pro tempore. The Clerk will report the amendment.
  The Clerk read as follows:
  Amendment in the nature of a substitute offered by Mr. Pallone

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Broadband Deployment 
     Accuracy and Technological Availability Act'' or the 
     ``Broadband DATA Act''.

     SEC. 2. BROADBAND DATA.

       The Communications Act of 1934 (47 U.S.C. 151 et seq.) is 
     amended by adding at the end the following:

                      ``TITLE VIII--BROADBAND DATA

     ``SEC. 801. DEFINITIONS.

       ``In this title:
       ``(1) Broadband internet access service.--The term 
     `broadband internet access service' has the meaning given the 
     term in section 8.1(b) of title 47, Code of Federal 
     Regulations, or any successor regulation.
       ``(2) Broadband map.--The term `Broadband Map' means the 
     map created by the Commission under section 802(c)(1)(A).
       ``(3) Cell edge probability.--The term `cell edge 
     probability' means the likelihood that the minimum threshold 
     download and upload speeds with respect to broadband internet 
     access service will be met or exceeded at a distance from a 
     base station that is intended to indicate the ultimate edge 
     of the coverage area of a cell.
       ``(4) Cell loading.--The term `cell loading' means the 
     percentage of the available air interface resources of a base 
     station that are used by consumers with respect to broadband 
     internet access service.
       ``(5) Clutter.--The term `clutter' means a natural or man-
     made surface feature that affects the propagation of a signal 
     from a base station.
       ``(6) Fabric.--The term `Fabric' means the Broadband 
     Serviceable Location Fabric established under section 
     802(b)(1)(B).
       ``(7) Form 477.--The term `Form 477' means Form 477 of the 
     Commission relating to local telephone competition and 
     broadband reporting.
       ``(8) Indian tribe.--The term `Indian Tribe' has the 
     meaning given the term `Indian tribe' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       ``(9) Mobility fund phase ii.--The term `Mobility Fund 
     Phase II' means the second phase of the proceeding to provide 
     universal service support from the Mobility Fund (WC Docket 
     No. 10-90; WT Docket No. 10-208).
       ``(10) Propagation model.--The term `propagation model' 
     means a mathematical formulation for the characterization of 
     radio wave propagation as a function of frequency, distance, 
     and other conditions.
       ``(11) Provider.--The term `provider' means a provider of 
     fixed or mobile broadband internet access service.
       ``(12) Quality of service.--The term `quality of service' 
     means, with respect to broadband internet access service, the 
     download and upload speeds (and, for relevant services, 
     latency) with respect to that service, as determined by, and 
     to the extent otherwise collected by, the Commission.
       ``(13) Shapefile.--The term `shapefile' means a digital 
     storage format containing geospatial or location-based data 
     and attribute information--
       ``(A) regarding the availability of broadband internet 
     access service; and
       ``(B) that can be viewed, edited, and mapped in geographic 
     information system software.
       ``(14) Standard broadband installation.--The term `standard 
     broadband installation'--
       ``(A) means the initiation by a provider of fixed broadband 
     internet access service in an area in which the provider has 
     not previously offered that service, with no charges or 
     delays attributable to the extension of the network of the 
     provider; and
       ``(B) includes the initiation of fixed broadband internet 
     access service through routine installation that can be 
     completed not later than 10 business days after the date on 
     which the service request is submitted.

     ``SEC. 802. BROADBAND MAPS.

       ``(a) Rules.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this title, the Commission shall issue final 
     rules that shall--
       ``(A) require the biannual collection and dissemination of 
     granular data, as determined by the Commission--
       ``(i) relating to the availability and quality of service 
     with respect to terrestrial fixed, fixed wireless, satellite, 
     and mobile broadband internet access service; and
       ``(ii) that the Commission shall use to compile the maps 
     created under subsection (c)(1) (referred to in this section 
     as `coverage maps'), which the Commission shall make publicly 
     available; and
       ``(B) establish--
       ``(i) processes through which the Commission can verify the 
     accuracy of data submitted under subsection (b)(2);
       ``(ii) processes and procedures through which the 
     Commission, and, as necessary, other entities or individuals 
     submitting non-public or competitively sensitive information 
     under this title, can protect the security, privacy, and 
     confidentiality of that non-public or competitively sensitive 
     information, including--

       ``(I) information contained in the Fabric;
       ``(II) the dataset created under subsection (b)(1)(A) 
     supporting the Fabric; and
       ``(III) the data submitted under subsection (b)(2);

       ``(iii) the challenge process described in subsection 
     (b)(5); and
       ``(iv) the process described in section 804(b).
       ``(2) Other data.--In issuing the rules under paragraph 
     (1), the Commission shall develop a process through which the 
     Commission can collect verified data for use in the coverage 
     maps from--
       ``(A) State, local, and Tribal governmental entities that 
     are primarily responsible for mapping

[[Page H1462]]

     or tracking broadband internet access service coverage for a 
     State, unit of local government, or Indian Tribe, as 
     applicable;
       ``(B) third parties, if the Commission determines that it 
     is in the public interest to use such data in--
       ``(i) the development of the coverage maps; or
       ``(ii) the verification of data submitted under subsection 
     (b); and
       ``(C) other Federal agencies.
       ``(3) Updates.--The Commission shall revise the rules 
     issued under paragraph (1) to--
       ``(A) reflect changes in technology;
       ``(B) ensure the accuracy of propagation models, as further 
     provided in subsection (b)(3); and
       ``(C) improve the usefulness of the coverage maps.
       ``(b) Content of Rules.--
       ``(1) Establishment of a serviceable location fabric 
     regarding fixed broadband.--
       ``(A) Dataset.--
       ``(i) In general.--The Commission shall create a common 
     dataset of all locations in the United States where fixed 
     broadband internet access service can be installed, as 
     determined by the Commission.
       ``(ii) Contracting.--

       ``(I) In general.--Subject to subclauses (II) and (III), 
     the Commission may contract with an entity with expertise 
     with respect to geographic information systems (referred to 
     in this subsection as `GIS') to create and maintain the 
     dataset under clause (i).
       ``(II) Application of the federal acquisition regulation.--
     A contract into which the Commission enters under subclause 
     (I) shall in all respects comply with applicable provisions 
     of the Federal Acquisition Regulation.
       ``(III) Limitations.--With respect to a contract into which 
     the Commission enters under subclause (I)--

       ``(aa) the entity with which the Commission enters into the 
     contract shall be selected through a competitive bid process 
     that is transparent and open; and
       ``(bb) the contract shall be for a term of not longer than 
     5 years, after which the Commission may enter into a new 
     contract--
       ``(AA) with an entity, and for the purposes, described in 
     clause (i); and
       ``(BB) that complies with the requirements under subclause 
     (II) and this subclause; and
       ``(cc) the contract shall--
       ``(AA) prohibit the entity described in item (aa) from 
     selling, leasing, or otherwise disclosing for monetary 
     consideration any personally identifiable information to any 
     other entity other than for purposes authorized under this 
     title; and
       ``(BB) require the entity described in item (aa) to include 
     in any contract with any other entity a provision that 
     prohibits that other entity from engaging in an action that 
     is prohibited under subitem (AA).
       ``(B) Fabric.--The rules issued by the Commission under 
     subsection (a)(1) shall establish the Broadband Serviceable 
     Location Fabric, which shall--
       ``(i) contain geocoded information for each location 
     identified under subparagraph (A)(i);
       ``(ii) serve as the foundation upon which all data relating 
     to the availability of fixed broadband internet access 
     service collected under paragraph (2)(A) shall be reported 
     and overlaid;
       ``(iii) be compatible with commonly used GIS software; and
       ``(iv) at a minimum, be updated every 6 months by the 
     Commission.
       ``(C) Implementation priority.--The Commission shall 
     prioritize implementing the Fabric for rural and insular 
     areas of the United States.
       ``(2) Collection of information.--The rules issued by the 
     Commission under subsection (a)(1) shall include uniform 
     standards for the reporting of broadband internet access 
     service data that the Commission shall collect--
       ``(A) from each provider of terrestrial fixed, fixed 
     wireless, or satellite broadband internet access service, 
     which shall include data that--
       ``(i) documents the areas where the provider--

       ``(I) has actually built out the broadband network 
     infrastructure of the provider such that the provider is able 
     to provide that service; and
       ``(II) could provide that service, as determined by 
     identifying where the provider is capable of performing a 
     standard broadband installation, if applicable;

       ``(ii) includes information regarding download and upload 
     speeds, at various thresholds established by the Commission, 
     and, if applicable, latency with respect to broadband 
     internet access service that the provider makes available;
       ``(iii) can be georeferenced to the GIS data in the Fabric;
       ``(iv) the provider shall report as--

       ``(I) with respect to providers of fixed wireless broadband 
     internet access service--

       ``(aa) propagation maps and propagation model details 
     that--
       ``(AA) satisfy standards that are similar to those 
     applicable to providers of mobile broadband internet access 
     service under subparagraph (B) with respect to propagation 
     maps and propagation model details, taking into account 
     material differences between fixed wireless and mobile 
     broadband internet access service; and
       ``(BB) reflect the speeds and latency of the service 
     provided by the provider; or
       ``(bb) a list of addresses or locations that constitute the 
     service area of the provider, except that the Commission--
       ``(AA) may only permit, and not require, a provider to 
     report the data using that means of reporting; and
       ``(BB) in the rules issued under subsection (a)(1), shall 
     provide a method for using that means of reporting with 
     respect to Tribal areas; and

       ``(II) with respect to providers of terrestrial fixed and 
     satellite broadband internet access service--

       ``(aa) polygon shapefiles; or
       ``(bb) a list of addresses or locations that constitute the 
     service area of the provider, except that the Commission--
       ``(AA) may only permit, and not require, a provider to 
     report the data using that means of reporting; and
       ``(BB) in the rules issued under subsection (a)(1), shall 
     provide a method for using that means of reporting with 
     respect to Tribal areas; and
       ``(v) the Commission determines is appropriate with respect 
     to certain technologies in order to ensure that the Broadband 
     Map is granular and accurate; and
       ``(B) from each provider of mobile broadband internet 
     access service, which shall include propagation maps and 
     propagation model details that indicate the current (as of 
     the date on which the information is collected) fourth 
     generation Long-Term Evolution (commonly referred to as `4G 
     LTE') mobile broadband internet access service coverage of 
     the provider, which shall--
       ``(i) take into consideration the effect of clutter; and
       ``(ii) satisfy--

       ``(I) the requirements of having--

       ``(aa) a download speed of not less than 5 megabits per 
     second and an upload speed of not less than 1 megabit per 
     second with a cell edge probability of not less than 90 
     percent; and
       ``(bb) cell loading of not less than 50 percent; and

       ``(II) any other parameter that the Commission determines 
     to be necessary to create a map under subsection (c)(1)(C) 
     that is more precise than the map produced as a result of the 
     submissions under the Mobility Fund Phase II information 
     collection.

       ``(3) Update of reporting standards for mobile broadband 
     internet access service.--For the purposes of paragraph 
     (2)(B), if the Commission determines that the reporting 
     standards under that paragraph are insufficient to collect 
     accurate propagation maps and propagation model details with 
     respect to future generations of mobile broadband internet 
     access service technologies, the Commission shall immediately 
     commence a rule making to adopt new reporting standards with 
     respect to those technologies that--
       ``(A) shall be the functional equivalent of the standards 
     required under paragraph (2)(B); and
       ``(B) allow for the collection of propagation maps and 
     propagation model details that are as accurate and granular 
     as, or more accurate and granular than, the maps and model 
     details collected by the Commission under paragraph (2)(B).
       ``(4) Certification and verification.--With respect to a 
     provider that submits information to the Commission under 
     paragraph (2)--
       ``(A) the provider shall include in each submission a 
     certification from a corporate officer of the provider that 
     the officer has examined the information contained in the 
     submission and that, to the best of the officer's actual 
     knowledge, information, and belief, all statements of fact 
     contained in the submission are true and correct; and
       ``(B) the Commission shall verify the accuracy and 
     reliability of the information in accordance with measures 
     established by the Commission.
       ``(5) Challenge process.--
       ``(A) In general.--In the rules issued under subsection 
     (a), and subject to subparagraph (B), the Commission shall 
     establish a user-friendly challenge process through which 
     consumers, State, local, and Tribal governmental entities, 
     and other entities or individuals may submit coverage data to 
     the Commission to challenge the accuracy of--
       ``(i) the coverage maps;
       ``(ii) any information submitted by a provider regarding 
     the availability of broadband internet access service; or
       ``(iii) the information included in the Fabric.
       ``(B) Considerations; verification; response to 
     challenges.--In establishing the challenge process required 
     under subparagraph (A), the Commission shall--
       ``(i) consider--

       ``(I) the types of information that an entity or individual 
     submitting a challenge should provide to the Commission in 
     support of the challenge;
       ``(II) the appropriate level of granularity for the 
     information described in subclause (I);
       ``(III) the need to mitigate the time and expense incurred 
     by, and the administrative burdens placed on, entities or 
     individuals in--

       ``(aa) challenging the accuracy of a coverage map; and
       ``(bb) responding to challenges described in item (aa);

       ``(IV) the costs to consumers and providers resulting from 
     a misallocation of funds because of a reliance on outdated or 
     otherwise inaccurate information in the coverage maps;
       ``(V) any lessons learned from the challenge process 
     established under Mobility Fund Phase II, as determined from 
     comments solicited by the Commission; and
       ``(VI) the need for user-friendly challenge submission 
     formats that will promote participation in the challenge 
     process;

       ``(ii) include a process for verifying the data submitted 
     through the challenge process in order to ensure the 
     reliability of that data;
       ``(iii) allow providers to respond to challenges submitted 
     through the challenge process; and
       ``(iv) develop an online mechanism, which--

       ``(I) shall be integrated into the coverage maps;
       ``(II) allows for an entity described in subparagraph (A) 
     to submit a challenge under the challenge process;
       ``(III) makes challenge data available in both geographic 
     information system and non-geographic information system 
     formats; and
       ``(IV) clearly identifies the areas in which broadband 
     internet access service is available,

[[Page H1463]]

     and the upload and download speeds at which that service is 
     available, as reported to the Commission under this section.

       ``(C) Use of challenges.--The rules issued to establish the 
     challenge process under subparagraph (A) shall include--
       ``(i) a process for the speedy resolution of challenges; 
     and
       ``(ii) a process for the regular and expeditious updating 
     of the coverage maps and granular data disseminated by the 
     Commission as challenges are resolved.
       ``(D) Report to congress.--Not earlier than 1 year, and not 
     later than 18 months, after the date on which the rules 
     issued under subsection (a)(1) take effect, the Commission 
     shall, after an opportunity for notice and comment, submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report that--
       ``(i) evaluates the challenge process described in 
     subparagraph (A); and
       ``(ii) considers whether the Commission should commence an 
     inquiry on the need for other tools to help--

       ``(I) identify potential inaccuracies in the data relating 
     to broadband internet access service that providers report; 
     and
       ``(II) improve the accuracy of the data described in 
     subclause (I).

       ``(6) Reform of form 477 process.--
       ``(A) In general.--Not later than 180 days after the date 
     on which the rules issued under subsection (a) take effect, 
     the Commission shall--
       ``(i) reform the Form 477 broadband deployment service 
     availability collection process of the Commission--

       ``(I) to achieve the purposes of this title; and
       ``(II) in a manner that--

       ``(aa) enables the comparison of data and maps produced 
     before the implementation of this title with data and 
     coverage maps produced after the implementation of this 
     title; and
       ``(bb) maintains the public availability of data relating 
     to the deployment of broadband internet access service; and
       ``(ii) harmonize reporting requirements and procedures 
     regarding the deployment of broadband internet access service 
     that are in effect on the day before the date on which the 
     rules issued under subsection (a)(1) take effect with those 
     requirements and procedures in those rules.
       ``(B) Continued collection and reporting.--On and after the 
     date on which the Commission carries out subparagraph (A), 
     the Commission shall continue to collect and publicly report 
     subscription data that the Commission collected through the 
     Form 477 broadband deployment service availability process, 
     as in effect on July 1, 2019.
       ``(7) Sharing data with ntia.--The Commission shall 
     establish a process to make the data collected under 
     paragraph (2) available to the National Telecommunications 
     and Information Administration.
       ``(c) Maps.--The Commission shall--
       ``(1) after consultation with the Federal Geographic Data 
     Committee established under section 753(a) of the Geospatial 
     Data Act of 2018, create--
       ``(A) the Broadband Map, which shall depict--
       ``(i) the extent of the availability of broadband internet 
     access service in the United States, without regard to 
     whether that service is fixed broadband internet access 
     service or mobile broadband internet access service, which 
     shall be based on data collected by the Commission from all 
     providers; and
       ``(ii) the areas of the United States that remain unserved 
     by providers;
       ``(B) a map that depicts the availability of fixed 
     broadband internet access service, which shall be based on 
     data collected by the Commission from providers under 
     subsection (b)(2)(A); and
       ``(C) a map that depicts the availability of mobile 
     broadband internet access service, which shall be based on 
     data collected by the Commission from providers under 
     subsection (b)(2)(B);
       ``(2) after creating the maps under paragraph (1), use such 
     maps--
       ``(A) to determine the areas in which terrestrial fixed, 
     fixed wireless, mobile, and satellite broadband internet 
     access service is and is not available; and
       ``(B) when making any new award of funding with respect to 
     the deployment of broadband internet access service intended 
     for use by residential and mobile customers;
       ``(3) update the maps created under paragraph (1) not less 
     frequently than biannually using the most recent data 
     collected from providers under subsection (b)(2);
       ``(4) consult with--
       ``(A) the Secretary of Agriculture to enable the Secretary 
     of Agriculture to consult the maps created under paragraph 
     (1) when considering the awarding of funds for the deployment 
     of broadband internet access service under any program 
     administered by the Administrator of the Rural Utilities 
     Service; and
       ``(B) the National Telecommunications and Information 
     Administration to enable the Administration to consult the 
     maps created under paragraph (1) when considering the 
     awarding of funds for the deployment of broadband internet 
     access service under any future program administered by the 
     Administration;
       ``(5) make available to any Federal agency, upon request, 
     the maps created under paragraph (1); and
       ``(6) make public at an appropriate level of granularity--
       ``(A) the maps created under paragraph (1); and
       ``(B) the data collected by the Commission with respect to 
     the availability of broadband internet access service and the 
     quality of service with respect to broadband internet access 
     service.
       ``(d) Delayed Effective Date for Quality of Service 
     Rules.--Any requirement of a rule issued under subsection 
     (a)(1) that relates to quality of service shall take effect 
     not earlier than the date that is 180 days after the date on 
     which the Commission issues that rule.

     ``SEC. 803. ENFORCEMENT.

       ``It shall be unlawful for an entity or individual to 
     willfully and knowingly, or recklessly, submit information or 
     data under this title that is materially inaccurate or 
     incomplete with respect to the availability of broadband 
     internet access service or the quality of service with 
     respect to broadband internet access service.

     ``SEC. 804. IMPROVING DATA ACCURACY.

       ``(a) Audits.--The Commission shall conduct regular audits 
     of information submitted to the Commission by providers under 
     section 802(b)(2) to ensure that the providers are complying 
     with this title.
       ``(b) Crowdsourcing.--
       ``(1) In general.--The Commission shall develop a process 
     through which entities or individuals in the United States 
     may submit specific information about the deployment and 
     availability of broadband internet access service in the 
     United States on an ongoing basis so that the information may 
     be used to verify and supplement information provided by 
     providers of broadband internet access service for inclusion 
     in the maps created under section 802(c)(1).
       ``(2) Collaboration.--As part of the efforts of the 
     Commission to facilitate the ability of entities and 
     individuals to submit information under paragraph (1), the 
     Commission shall--
       ``(A) prioritize the consideration of data provided by data 
     collection applications used by consumers that the Commission 
     has determined--
       ``(i) are highly reliable; and
       ``(ii) have proven methodologies for determining network 
     coverage and network performance;
       ``(B) not later than 1 year after the date of enactment of 
     this title, conclude a process that tests the feasibility of 
     partnering with Federal agencies that operate delivery fleet 
     vehicles, including the United States Postal Service, to 
     facilitate the collection and submission of information 
     described in that paragraph; and
       ``(C) not later than 14 months after the date of enactment 
     of this title, publish on the website of the Commission, and 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives, a report regarding 
     the testing described in subparagraph (B), which shall 
     include--
       ``(i) a determination regarding whether the partnerships 
     with Federal agencies described in that subparagraph are able 
     to facilitate the collection and submission of information 
     described in paragraph (1); and
       ``(ii) any steps that the Commission plans to take to 
     facilitate the partnerships described in that subparagraph.
       ``(c) Technical Assistance to Indian Tribes.--
       ``(1) In general.--Subject to paragraph (2), the Commission 
     shall hold workshops for Tribal Governments in each of the 12 
     Bureau of Indian Affairs regions to provide technical 
     assistance with the collection and submission of data under 
     section 802(a)(2).
       ``(2) Annual review.--Each year, the Commission, in 
     consultation with Indian Tribes, shall review the need for 
     continued workshops required under paragraph (1).
       ``(d) Technical Assistance to Small Service Providers.--The 
     Commission shall establish a process through which a provider 
     that has fewer than 100,000 active broadband internet access 
     service connections may request and receive assistance from 
     the Commission with respect to geographic information system 
     data processing to ensure that the provider is able to comply 
     with the requirements under section 802(b) in a timely and 
     accurate manner.
       ``(e) Technical Assistance to State, Local, and Tribal 
     Governments and Consumers.--The Commission shall provide 
     technical assistance to consumers and State, local, and 
     Tribal governmental entities with respect to the challenge 
     process established under section 802(b)(5), which shall 
     include--
       ``(1) detailed tutorials and webinars; and
       ``(2) the provision of staff of the Commission to provide 
     assistance, as needed, throughout the entirety of the 
     challenge process.
       ``(f) GAO Assessment of Fabric Source Data.--
       ``(1) In general.--The Comptroller General of the United 
     States shall conduct an assessment of key data sources that 
     are used for purposes of the Fabric to identify and geocode 
     locations where fixed broadband internet access service can 
     be installed in order for the Comptroller General to develop 
     recommendations for how the quality and completeness of those 
     data sources can be improved as data sources for the Fabric.
       ``(2) Sources included.--For the purposes of the assessment 
     conducted under paragraph (1), the key data sources described 
     in that paragraph shall include--
       ``(A) any relevant sources of Federal data, including the 
     National Address Database administered by the Department of 
     Transportation;
       ``(B) State- and county-level digitized parcel data; and
       ``(C) property tax attribute recording.
       ``(3) Report.--Not later than 1 year after the date of 
     enactment of this title, the Comptroller General of the 
     United States shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that contains the recommendations developed under 
     paragraph (1).

     ``SEC. 805. COST.

       ``(a) USF.--The Commission may not use funds from the 
     universal service programs of the

[[Page H1464]]

     Commission established under section 254, and the regulations 
     issued under that section, to pay for any costs associated 
     with this title.
       ``(b) Other Funds.--The Commission may recover costs 
     associated with this title under section 9 to the extent 
     provided for in an appropriation Act, as required under 
     subsection (a) of that section.

     ``SEC. 806. OTHER PROVISIONS.

       ``(a) OMB.--Notwithstanding any other provision of law, the 
     initial rule making required under section 802(a)(1) shall be 
     exempt from review by the Office of Management and Budget.
       ``(b) PRA.--Subchapter I of chapter 35 of title 44, United 
     States Code (commonly known as the `Paperwork Reduction Act') 
     shall not apply to the initial rule making required under 
     section 802(a)(1).
       ``(c) Execution of Responsibilities.--Except, with respect 
     to an entity that is not the Universal Service Administrative 
     Company, as provided in section 802(a)(2)(B), section 
     802(b)(1)(A)(ii), and subsections (c), (d), and (e) of 
     section 804, the Commission--
       ``(1) including the offices of the Commission, shall carry 
     out the responsibilities assigned to the Commission under 
     this title; and
       ``(2) may not delegate any of the responsibilities assigned 
     to the Commission under this title to any third party, 
     including the Universal Service Administrative Company.
       ``(d) Reporting.--Each fiscal year, the Commission shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report that 
     summarizes the implementation of this title and associated 
     enforcement activities conducted during the previous fiscal 
     year.
       ``(e) Rule of Construction.--If the Commission, before the 
     date of enactment of this title, has taken an action that, in 
     whole or in part, implements this title, the Commission shall 
     not be required to revisit such action to the extent that 
     such action is consistent with this title.''.

  Mr. PALLONE (during the reading). Mr. Speaker, I ask unanimous 
consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be read a third time, was read the third 
time, and passed, and a motion to reconsider was laid on the table.

                          ____________________