I 118th CONGRESS 1st Session H. R. 3361 IN THE HOUSE OF REPRESENTATIVES May 16, 2023 Mr. Cárdenas introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Assistant Secretary of Commerce for Communications and Information to submit a report on the digital divide and to update the Indicators of Broadband Need mapping application, and for other purposes.

1. Report on digital divide (a) Report required Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the subsequent 10-year period, the Assistant Secretary, in consultation with the Federal Communications Commission, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the NTIA, a report on the state of the digital divide, which shall include the following: (1) Information on and an analysis of— (A) barriers to, and trends regarding, broadband access, adoption, and affordability; (B) the connection between— (i) broadband access, adoption, and affordability; and (ii) various socioeconomic indicators; and (C) the impact of Federal programs on broadband access, adoption, and affordability. (2) An assessment of the sufficiency of existing data collection and data sets with respect to the analysis described in paragraph (1) and, if necessary, recommendations for NTIA actions to improve data quality. (3) Recommendations for legislative action to facilitate closure of the digital divide. (b) Assembly process In assembling each report required by subsection (a), the Assistant Secretary shall— (1) utilize all available and relevant data, including data associated with the Indicators of Broadband Need mapping application of the NTIA and published research and data from individuals and entities other than the NTIA; (2) solicit public comment; (3) hold public meetings with relevant stakeholders; and (4) consult with experts on and representatives of communities that are unserved or underserved with respect to broadband. 2. Indicators of Broadband Need mapping application (a) Update required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Assistant Secretary shall update the Indicators of Broadband Need mapping application of the NTIA to ensure that such application incorporates, and includes display layers with respect to, the following: (1) Data from the Broadband Data Collection system of the Federal Communications Commission, including data on availability and subscription rates for broadband tiers with a download speed of more than 25 megabits per second and an upload speed of more than 3 megabits per second. (2) Third-party data on the results of mobile network speed and signal strength tests. (3) The identification of— (A) areas of persistent poverty (as such term is defined in section 6702(a) of title 49, United States Code); (B) historically disadvantaged communities (as such term is used in section 6702 of title 49, United States Code); (C) areas impacted by previous redlining practices (as determined using maps produced by the Home Owners’ Loan Corporation); and (D) congressional districts. (4) Data on eligibility and enrollment with respect to the Affordable Connectivity Program established under section 904(b) of division N of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1752 ). (b) Rule of construction Nothing in this section may be construed to limit the authority of the Assistant Secretary to incorporate, as part of the Indicators of Broadband Need mapping application of the NTIA, elements in addition to the elements identified in subsection (a). 3. Definitions In this Act: (1) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (2) NTIA The term NTIA means the National Telecommunications and Information Administration.