[House Report 115-841]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-841
======================================================================
ADVANCING CRITICAL CONNECTIVITY EXPANDS SERVICE, SMALL BUSINESS
RESOURCES, OPPORTUNITIES, ACCESS, AND DATA BASED ON ASSESSED NEED AND
DEMAND ACT
_______
July 18, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Walden, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 3994]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3994) to establish the Office of Internet
Connectivity and Growth, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Committee Action................................................. 4
Committee Votes.................................................. 4
Oversight Findings and Recommendations........................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 5
Statement of General Performance Goals and Objectives............ 5
Duplication of Federal Programs.................................. 5
Committee Cost Estimate.......................................... 5
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Critical Connectivity
Expands Service, Small Business Resources, Opportunities, Access, and
Data Based on Assessed Need and Demand Act'' or the ``ACCESS BROADBAND
Act''.
SEC. 2. ESTABLISHMENT OF THE OFFICE OF INTERNET CONNECTIVITY AND
GROWTH.
Not later than 180 days after the date of the enactment of this Act,
the Assistant Secretary shall establish the Office of Internet
Connectivity and Growth within the National Telecommunications and
Information Administration.
SEC. 3. DUTIES.
(a) Outreach.--The Office shall--
(1) connect with communities that need access to high-speed
internet and improved digital inclusion efforts through various
forms of outreach and communication techniques;
(2) hold regional workshops across the country to share best
practices and effective strategies for promoting broadband
access and adoption;
(3) develop targeted broadband training and presentations for
various demographic communities through various media; and
(4) develop and distribute publications (including toolkits,
primers, manuals, and white papers) providing guidance,
strategies, and insights to communities as the communities
develop strategies to expand broadband access and adoption.
(b) Tracking of Federal Dollars.--
(1) Broadband infrastructure.--The Office shall track the
construction and use of and access to any broadband
infrastructure built using any Federal support in a central
database.
(2) Accounting mechanism.--The Office shall develop a
streamlined accounting mechanism by which any agency offering a
Federal broadband support program and the Commission through
the Universal Service Fund shall provide the information
described in paragraph (1) in a standardized and efficient
fashion.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, and every year thereafter, the Office
shall make public on the website of the Office and submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the following:
(A) A description of the work of the Office for the
previous year and the number of residents of the United
States that received broadband as result of Federal
broadband support programs and the Universal Service
Fund program.
(B) A description of how many residents of the United
States were provided broadband by which universal
service mechanism or which Federal broadband support
program.
(C) An estimate of the economic impact of such
broadband deployment efforts on the local economy,
including any effect on small businesses or jobs.
SEC. 4. STREAMLINED APPLICATIONS FOR SUPPORT.
(a) Agency Consultation.--The Office shall consult with any agency
offering a Federal broadband support program to streamline and
standardize the applications process for financial assistance or grants
for such program.
(b) Agency Streamlining.--Any agency offering a Federal broadband
support program shall amend their applications for broadband support,
to the extent practicable and as necessary, to streamline and
standardize applications for Federal broadband support programs across
the Government.
(c) Single Application.--To the greatest extent practicable, the
Office shall seek to create one application that may be submitted to
apply for all, or substantially all, Federal broadband support
programs.
(d) Website Required.--Not later than 180 days after the date of the
enactment of this Act, the Office shall create a central website
through which potential applicants can learn about and apply for
support through any Federal broadband support program.
SEC. 5. COORDINATION OF SUPPORT.
The Office, any agency that offers a Federal broadband support
program, and the Commission through the Universal Service Fund shall
coordinate with the Office to ensure that support is being distributed
in an efficient, technology-neutral, and financially sustainable
manner, with the goal of serving the largest number of persons in the
United States while avoiding overbuilding and promoting the most job
and economic growth for all residents of the United States.
SEC. 6. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Federal broadband support program.--The term ``Federal
broadband support program'' does not include any Universal
Service Fund program and means any of the following programs
(or any other similar Federal program) to the extent the
program offers broadband internet service or programs for
promoting broadband access and adoption for various demographic
communities through various media for residential, commercial,
community providers, or academic establishments:
(A) The Telecommunications and Technology Program of
the Appalachian Regional Commission.
(B) The Telecommunications Infrastructure Loans and
Loan Guarantees, the Rural Broadband Access Loans and
Loan Guarantees, the Substantially Underserved Trust
Areas Provisions, the Community Connect Grant Program,
and the Distance Learning and Telemedicine Grant
Program of the Rural Utilities Service of the
Department of Agriculture.
(C) The Public Works and Economic Adjustment
Assistance Programs and the Planning and Local
Technical Assistance Programs of the Economic
Development Administration of the Department of
Commerce.
(D) The Community Development Block Grants and
Section 108 Loan Guarantees, the Funds for Public
Housing Authorities: Capital Fund and Operating Fund,
the Multifamily Housing, the Indian Community
Development Block Grant Program, the Indian Housing
Block Grant Program, the Title VI Loan Guarantee
Program, Choice Neighborhoods, the HOME Investment
Partnerships Program, the Housing Trust Fund, and the
Housing Opportunities for Persons with AIDS of the
Department of Housing and Urban Development.
(E) The American Job Centers of the Employment and
Training Administration of the Department of Labor.
(F) The Library Services and Technology Grant
Programs of the Institute of Museum and Library
Services.
(5) Office.--The term ``Office'' means the Office of Internet
Connectivity and Growth established pursuant to section 2.
(6) Universal service fund program.--The term ``Universal
Service Fund program'' means any program authorized under
section 254 of the Communications Act of 1934 (47 U.S.C. 254)
to help deploy broadband.
(7) Universal service mechanism.--The term ``universal
service mechanism'' means any funding stream provided by a
Universal Service Fund program to support broadband access.
PURPOSE AND SUMMARY
H.R. 3994, the ``Advancing Critical Connectivity Expands
Service, Small Business Resources, Opportunities, Access, and
Data Based on Assessed Need and Demand Act'' was introduced on
October 6, 2017, by Representative Paul Tonko (D-NY). H.R. 3994
would establish an Office of Internet Connectivity and Growth
at the National Telecommunications and Information
Administration (NTIA). The Office of Internet Connectivity and
Growth would coordinate and track Federal funding for broadband
across all agencies. This office would streamline the process
of applying for Federal funding for projects that expand
broadband access.
BACKGROUND AND NEED FOR LEGISLATION
NTIA, a division of the U.S. Department of Commerce, is the
executive branch agency principally responsible for advising
the President on telecommunications and information policy
issues. NTIA also plays an important role in expanding
broadband Internet access and adoption in America, expanding
the use of spectrum by all users, and ensuring that the
Internet remains an engine for continued innovation and
economic growth.
In addition, the NTIA Administrator is currently a Co-Chair
of the Broadband Interagency Working Group (BIWG), which works
with other Federal agencies to improve coordination across
programs, reduce regulatory barriers to broadband deployment,
promote awareness of the importance of Federal support for
broadband investment and digital inclusion programs, and
collect and share information with communities about available
Federal resources for broadband deployment and digital
inclusion efforts.
In an effort to ensure these Federal resources are not
distributed in competition with one another, H.R. 3994 would
authorize NTIA to track and coordinate broadband funding across
the Federal government.
COMMITTEE ACTION
On January 30, 2018, the Subcommittee on Communications and
Technology held a hearing on H.R. 3994. The Subcommittee
received testimony from:
Jonathan Spalter, President and CEO,
USTelecom;
Brad Gillen, Executive Vice President, CTIA;
Matthew Polka, President and CEO, American
Cable Association;
Shirley Bloomfield, CEO, NTCA--The Rural
Broadband Association;
Scott Slesinger, Legislative Director,
National Resources Defense Council;
Joanne S. Hovis, President, CTC Technology
and Energy; and
Elin Swanson Katz, Consumer Counsel,
Connecticut Consumer Counsel.
On June 13, 2018, the Subcommittee on Communications and
Technology met in open markup session and forwarded H.R. 3994,
as amended, to the full Committee by a voice vote. On July 12,
2018, the full Committee on Energy and Commerce met in open
markup session and ordered H.R. 3994, as amended, favorably
reported to the House by a voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no recorded votes taken in connection with ordering
H.R. 3994 reported.
OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a hearing and made
findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3994 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, at the time this report was filed,
the cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974 was not available.
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.
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
establish the Office of Internet Growth and Connectivity at
NTIA.
DUPLICATION OF FEDERAL PROGRAMS
No provision of H.R. 3994 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
COMMITTEE COST ESTIMATE
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. At the
time this report was filed, the estimate was not available.
EARMARK, 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.R. 3994 contains no earmarks, limited
tax benefits, or limited tariff benefits.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, the Committee finds
that H.R. 3994 contains no directed rule makings.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
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.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 provides that the Act may be cited as the
``Advancing Critical Connectivity Expands Service, Small
Business Resources, Opportunities, Access, and Data Based on
Assessed Need and Demand Act'' or the ``ACCESS BROADBAND Act.''
Section 2. Establishment of the Office of Internet Connectivity and
Growth
Section 2 requires the Assistant Secretary to establish the
Office of Internet Growth and Connectivity within 180 days of
enactment.
Section 3. Duties
Section 3 establishes several duties of the Office,
including: connecting communities that need access to broadband
and improved digital inclusion efforts through various forms of
outreach and communications techniques; holding regional
workshops across the country to share best practices and
effective strategies for promoting broadband access and
adoption; developing targeted broadband training and
presentations for various demographic communities through
various media; and developing and distributing publications
providing guidance, strategies, and insights to communities as
communities develop strategies to expand broadband access and
adoption.
Section 3 further directs the Office to track and account
for Federal dollars used to support broadband deployment, as
well as report annually to Congress on the work of the Office,
a description of how many residents were provided broadband by
either the universal service mechanism or the Federal broadband
support program, and an estimate of the economic impact of such
broadband deployment efforts.
Section 4. Streamlined applications for support
Section 4 requires the Office to consult any agency
offering a Federal broadband support program to streamline and
standardize the application process.
Additionally, Section 4 requires any agency offering a
Federal broadband support program to amend their applications
to streamline and standardize it. Section 4 further requires
the Office to seek to create one application that may be
submitted to apply for all, or substantially all, Federal
broadband support programs.
Finally, Section 4 requires the Office to create a central
website through which potential applicants can learn about and
apply for support through any Federal broadband support program
within 180 days of enactment.
Section 5. Coordination of support
Section 5 requires any agency that offers a Federal
broadband support program and the Commission, through the
Universal Service Fund, to coordinate with the Office to ensure
that support is being distributed in an efficient, technology-
neutral, and financially sustainable manner with the goal of
serving the largest number of persons in the United States
while avoiding overbuilding and promoting the most job and
economic growth for all residents of the United States.
Section 6. Definitions
Section 6 defines several terms in the Act, including
``Agency,'' ``Assistant Secretary,'' ``Commission,'' ``Federal
Broadband Support Program,'' ``Universal Service Fund
Program,'' and ``Universal Service Mechanism.''
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.
[all]