[House Report 117-512]
[From the U.S. Government Publishing Office]


117th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 117-512

======================================================================
 
RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT TRANSMIT TO THE HOUSE OF 
    REPRESENTATIVES CERTAIN DOCUMENTS RELATING TO ACTIVITIES OF THE 
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION RELATING TO 
                           BROADBAND SERVICE

                                _______
                                

 September 28, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Pallone, from the Committee on Energy and Commerce, 
                      submitted the following

                             ADVERSE REPORT

                             together with

                             MINORITY VIEWS

                      [To accompany H. Res. 1271]

    The Committee on Energy and Commerce, to whom was referred 
the resolution (H. Res. 1271) of inquiry requesting the 
President transmit to the House of Representatives certain 
documents relating to activities of the National 
Telecommunications and Information Administration relating to 
broadband service, having considered the same, report 
unfavorably thereon without amendment and recommend that the 
resolution not be agreed to.

                                CONTENTS

                                                                   Page
                                                                   
   I. Purpose and Summary.............................................2
  II. Background and Need for the Legislation.........................2
 III. Committee Hearings..............................................3
  IV. Committee Consideration.........................................3
   V. Committee Votes.................................................4
  VI. Oversight Findings..............................................6
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditure6
VIII. Federal Mandates Statement......................................6
  IX. Statement of General Performance Goals and Objectives...........6
   X. Duplication of Federal Programs.................................6
  XI. Committee Cost Estimate.........................................6
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....6
XIII. Advisory Committee Statement....................................7
 XIV. Applicability to Legislative Branch.............................7
  XV. Section-by-Section Analysis of the Legislation..................7
 XVI. Changes in Existing Law Made by the Bill, as Reported...........7
XVII. Minority Views..................................................8

                         I. PURPOSE AND SUMMARY

    H. Res. 1271 requests the President to transmit to the 
House of Representatives (House), not later than 14 days after 
the date of the adoption of the resolution, copies of any 
documents, records, audio recordings, memoranda, call logs, 
correspondence (electronic or otherwise), or other 
communication (as well as any portion of said materials) that 
refer or relate to (1) communication or coordination between 
the personnel of the Executive Office of the President 
(Executive Office) and the personnel of the National 
Telecommunications and Information Administration (NTIA) 
regarding the broadband-related programs in the Consolidated 
Appropriations Act, 2021 (Public Law 116-260; 47 U.S.C. 1306) 
and the Infrastructure Investment and Jobs Act (Public Law 117-
58; 47 U.S.C. 1702, 1723, 1724, and 1741); (2) communication or 
coordination between the personnel of the Office of the Vice 
President, the personnel of NTIA, and the personnel of the 
Federal Communications Commission (FCC) relating to Federal 
broadband policy since April 28, 2021; and (3) communication or 
coordination between the personnel of the Executive Office and 
the personnel of NTIA, the FCC, the Department of Education, or 
the Department of Agriculture relating to overlap or 
duplication, or the potential for overlap or duplication, 
between programs that support broadband.

                II. BACKGROUND AND NEED FOR LEGISLATION

    Under the Rules and precedents of the House, a resolution 
of inquiry is a means by which the House requests information 
from the President of the United States or the head of one of 
the executive departments. Such resolutions must ask for facts, 
documents, or specific information; they may not be used to 
request an opinion or require an investigation.
    Resolutions of inquiry, if properly drafted, are given 
privileged parliamentary status in the House. Clause 7 of rule 
XIII of the Rules of the House of Representatives requires the 
committee to which the resolution is referred to act on the 
resolution within 14 legislative days, or a motion to discharge 
the committee from consideration is considered privileged on 
the floor of the House.\1\
---------------------------------------------------------------------------
    \1\House Rule XIII, clause 7.
---------------------------------------------------------------------------
    H. Res. 1271 requests from the President documents relating 
to the activities of NTIA, the FCC, and other select agencies 
concerning the implementation of certain Congressionally 
directed broadband programs and to discussions of broadband 
policy between the Office of the Vice President and personnel 
from NTIA and the FCC since April 28, 2021. The Committee has 
held oversight hearings with these agencies and all Committee 
members had the opportunity to ask questions in that forum and 
in letters. For these reasons, the Committee ordered H. Res. 
1271 reported to the House adversely.
    On January 11, 2022, the Senate confirmed Alan Davidson as 
the next Assistant Secretary of Commerce for Communications and 
Information and NTIA Administrator. A few weeks later, on 
February 16, 2022, the Subcommittee on Communications and 
Technology held a hearing entitled, ``Connecting America: 
Oversight of NTIA,'' where Mr. Davidson served as the sole 
witness for the hearing. During the hearing, members of the 
minority asked Mr. Davidson a multitude of questions, including 
on the various broadband programs that the agency is 
administering and are the subject of H. Res. 1271. Indeed, the 
Ranking Member of the Committee, Rep. Rodgers (R-WA), asked 
questions concerning the use of the FCC's broadband data maps 
on NTIA's broadband funding decisions and NTIA's ability to 
direct states to use a technology-neutral approach in broadband 
funding determinations.\2\ Ranking Member of the Subcommittee 
on Communications and Technology, Rep. Latta (R-OH), also asked 
about NTIA's ability to provide sufficient oversight of its 
broadband funding determinations to ensure that the use of 
federal funds does not result in overbuilding.\3\ In response, 
Mr. Davidson provided substantive answers and indicated a 
willingness to work with members on the Subcommittee on 
Communications and Technology to execute NTIA's mission and 
deliver on the goals in the Infrastructure Investment and Jobs 
Act ``to close the digital divide, create good-paying jobs, 
promote equity, and enhance American competitiveness.''\4\
---------------------------------------------------------------------------
    \2\House Committee on Energy and Commerce, Connecting America: 
Oversight of NTIA, 117th Cong. Transcript at page 44-46 (2022).
    \3\Id. at page 32-34.
    \4\House Committee on Energy and Commerce, Testimony of Alan 
Davidson, Assistant Secretary for Communications and Information, 
Administrator of the National Telecommunications and Information 
Administration, U.S. Department of Commerce, Connecting America: 
Oversight of NTIA, 117th Cong. (Feb. 16, 2022).
---------------------------------------------------------------------------
    The majority is also aware that Ranking Members Rodgers and 
Latta, in conjunction with their Senate colleagues, sent a 
letter on April 26, 2022, to Mr. Davidson concerning NTIA's 
implementation of the Infrastructure Investment and Jobs 
Act.\5\
---------------------------------------------------------------------------
    \5\Letter from Sen. Roger Wicker, Ranking Member, Senate Committee 
on Commerce, Science and Transportation et al., to Hon. Alan Davidson 
(Apr. 26, 2022).
---------------------------------------------------------------------------
    Given the minority's limited outreach to NTIA for documents 
and other materials concerning the agency's efforts to 
implement its Congressionally directed broadband programs prior 
to the introduction of H. Res. 1271, this resolution of inquiry 
is unnecessary. Consistent with past Committee practice, 
resolutions of inquiry typically are filed when an 
administration has refused to respond to legitimate oversight 
requests or employed dilatory tactics to resist such 
oversight.\6\ H. Res. 1271, however, was filed in advance of 
members of the minority formally requesting documents and other 
materials from NTIA concerning the agency's broadband programs 
either through letters or other forms of communication. 
Accordingly, given the omission of certain procedural steps 
that have historically been taken prior to introducing other 
resolutions of inquiry considered by this Committee, H. Res. 
1271 is premature and unnecessary.
---------------------------------------------------------------------------
    \6\See H.R. Rep. No. 115-54, at 4-6 (2017).
---------------------------------------------------------------------------

                        III. COMMITTEE HEARINGS

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                      IV. COMMITTEE CONSIDERATION

    H. Res. 1271 was introduced on July 26, 2022, by 
Representative Hudson (R-NC) and was referred to the Committee 
on Energy and Commerce. Subsequently, on July 27, 2022, the 
resolution was referred to the Subcommittee on Communications 
and Technology. The resolution was discharged from the 
Subcommittee on Communications and Technology on September 21, 
2022.
    On September 21, 2022, the Committee met in open markup 
session and ordered H. Res. 1271, without amendment, adversely 
reported to the House by a recorded vote of 30 yeas and 19 
nays.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there was one record vote taken on H. 
Res. 1271, including a motion by Mr. Pallone ordering H. Res. 
1271 adversely reported to the House, without amendment. The 
motion on unfavorably reporting the resolution was approved by 
a record vote of 30 yeas to 19 nays. The following are the 
record votes taken during Committee consideration, including 
the names of those members voting for and against:


                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to request 
the President transmit to the House of Representatives certain 
documents and other materials relating to activities of the 
NTIA, FCC, and other select agencies relating to broadband 
service.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of H. 
Res. 1271 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H. Res. 1271 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    H. Res. 1271 requests the President to transmit to the 
House, within 14 days of adoption, copies of any documents, 
records, audio recordings, memoranda, call logs, 
correspondence, or other communication related to (1) 
communication or coordination between the personnel of the 
Executive Office and the personnel of the NTIA regarding the 
broadband-related programs in the Consolidated Appropriations 
Act of 2021 and the Infrastructure Investment and Jobs Act; (2) 
communication or coordination between the personnel of the 
Office of the Vice President, the personnel of NTIA, and the 
personnel of the FCC relating to Federal broadband policy since 
April 28, 2021; and (3) communication or coordination between 
the personnel of the Executive Office and the personnel of 
NTIA, the FCC, the Department of Education, or the Department 
of Agriculture relating to overlap or duplication, or the 
potential for overlap or duplication, between programs that 
support broadband.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H. 
Res. 1271.

                          XVII. MINORITY VIEWS

    H. Res. 1271, introduced by Rep. Richard Hudson (NC), 
requests copies of any documents, records, audio recordings, 
memoranda, call logs, correspondence (electronic or otherwise), 
or other communication (as well as any portion of said 
materials) that refer to or relate to communications between 
the Executive Office of the President and the National 
Telecommunications and Information Administration (NTIA) 
regarding the coordination of various Federal broadband support 
programs. The resolution also requests information between the 
personnel of the Office of the Vice President, the Federal 
Communications Commission (FCC), the Department of Education, 
or the Department of Agriculture (USDA) relating to overlap or 
duplication of programs that support broadband.
    On December 27, 2020, the Consolidated Appropriations Act 
of 2021 (P.L. 116-260) was enacted into law, which established 
three new broadband programs at NTIA and appropriated over $350 
billion that could be used to support broadband infrastructure 
or adoption. On November 15, 2021, the Infrastructure 
Investment and Jobs Act (``Infrastructure Law'') (P.L. 117-58) 
was enacted into law. Division F of the Infrastructure Law 
appropriated over $60,000,000,000 to establish four new 
broadband programs and modify two existing broadband programs 
and was enacted without input from the Committee on Energy and 
Commerce despite having immense jurisdictional interest. While 
Republicans share the goal of closing the digital divide, we 
are concerned that the lack of coordination and potential for 
duplication of competing programs will undermine this goal. Had 
the Committee had an opportunity to consider these important 
pieces of legislation, Republicans would have sought to include 
safeguards to prevent against waste, fraud, and abuse and 
improve Federal coordination of these programs.
    After these laws were enacted, Republicans asked Chairmen 
Pallone and Doyle to bring the FCC and NTIA Before the 
Committee.\1\ Specifically, Republicans raised concerns that 
due to the lack of oversight by the Committee, ``we have no 
information about how these programs are being implemented or 
if they are effective'' and ``the potential for waste, fraud, 
and abuse that may occur without proper oversight by this 
Committee.''\2\ Even the one time this Congress that the FCC 
and NTIA did come before the Committee, critical implementation 
documents (like Notice of Funding Opportunities) had not been 
released and therefore limited Republicans' ability to conduct 
oversight of Biden administration decisions.
---------------------------------------------------------------------------
    \1\See, Letter from Ranking Members McMorris Rodgers and Latta to 
Chairmen Pallone and Doyle requesting an FCC oversight hearing, 
November 18, 2021, Available at: https://republicans-
energycommerce.house.gov/wp-content/uploads/2021/11/11.18.21-FCC-
Oversight-Hearing-Request-FINAL.pdf; and, See, Letter from Ranking 
Members McMorris Rodgers and Latta to Chairmen Pallone and Doyle 
requesting an NTIA oversight hearing, January 12, 2022.
    \2\Id.
---------------------------------------------------------------------------
    Unfortunately, the Government Accountability Office (GAO) 
recently found that, ``Federal broadband efforts are fragmented 
and overlapping, with more than 100 programs administered by 15 
agencies.'' Republicans have repeatedly sought information from 
agencies on their efforts to improve coordination and have 
offered recommendations on how to improve coordination and 
effectiveness. On December 23, 2021, Republican Leader Cathy 
McMorris Rodgers along with many of her Republican colleagues 
requested documents and information about what steps agencies 
were taking to coordinate new Federal programs to avoid 
duplication.\3\ On April 26, 2022, Republican Leaders McMorris 
Rodgers, Latta, Wicker, and Thune sent a letter to Assistant 
Secretary Davidson outlining several steps that would improve 
coordination of Federal broadband programs and reduce 
duplication.\4\ And at the Subcommittee on Communications and 
Technology's FCC and NTIA oversight hearings, Republicans 
sought to ensure each agency was taking necessary steps to 
effectively coordinate and implement these programs.
---------------------------------------------------------------------------
    \3\See, Letters from Ranking Members McMorris Rodgers, Thompson, 
Granger, Foxx, and Comer, December 23, 2021. Available at: https://
republicans-energycommerce.house.gov/news/letter/republican-committee-
leaders-ask-administration-for-detailed-accounting-on-broadband-progr
ams/.
    \4\See, Letter from Ranking Member McMorris Rodgers, Latta, Wicker, 
and Thune to Assistant Secretary Davidson, April 26, 2022. Available 
at: https://republicans-energycommerce.house.gov/wp-content/uploads/
2022/04/04.26.22-Letter-to-NTIA-re-IIJA-priorities-Final-Signed-1.pdf.
---------------------------------------------------------------------------
    Despite Republican efforts, the Biden administration has 
failed to take meaningful steps to improve coordination. In 
fact, it is still unclear who is leading these efforts. 
Congress enacted the ACCESS BROADBAND Act in section 903 of the 
Consolidated Appropriations Act of 2021,\5\ which established 
the Office of Internet Connectivity and Growth at NTIA. This 
office was charged by Congress to ``track the construction and 
use of and access to any broadband infrastructure built using 
any Federal support in a central database.''\6\ However, on 
April 29, 2021, President Biden stated that the Vice President 
would lead the administration's effort to connect every 
American with high-speed Internet.\7\ GAO found that, ``U.S. 
broadband efforts are not guided by a national strategy with 
clear roles, goals, objectives, and performance measures,'' and 
that ``without such a strategy, federal broadband efforts will 
not be fully coordinated, and thereby continue to risk overlap 
and duplication of effort.''\8\
---------------------------------------------------------------------------
    \5\Consolidated Appropriations Act 2021 (P.L. 116-260) at 47 U.S.C. 
1307.
    \6\Id., at 903(c)(2)(A).
    \7\See, ``Remarks by President Biden in Address to a Joint Session 
of Congress,'' April 29, 2021. Available at: https://
www.whitehouse.gov/briefing-room/speeches-remarks/2021/04/29/remarks-
by-president-biden-in-address-to-a-joint-session-of-congress/.
    \8\See, ``Broadband: National Strategy Needed to Guide Federal 
Efforts to Reduce Digital Divide.'' Government Accountability Office, 
GAO-22-104611. Rel. May 31, 2022. Available at: https://www.gao.gov/
products/gao-22-104611.
---------------------------------------------------------------------------
    These diverging statements underscore the importance of the 
need for the Committee to receive documents, communications, 
and information relating to the Biden administration's 
oversight of Federal broadband programs.
                                    Cathy McMorris Rodgers,
               Republican Leader, Committee on Energy and Commerce.

                                  [all]