```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1822 Engrossed Amendment House (EAH)]

<DOC>
                In the House of Representatives, U. S.,

                                                         March 3, 2020.
    Resolved, That the bill from the Senate (S. 1822) entitled ``An Act 
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.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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 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, 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 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.''.

            Attest:

                                                                 Clerk.
116th CONGRESS

  2d Session

                                S. 1822

_______________________________________________________________________

                               AMENDMENT
```