Overview

Title

To direct the Assistant Secretary of Commerce for Communications and Information to develop a National Strategy to Close the Digital Divide, and for other purposes.

ELI5 AI

The "PLAN for Broadband Act" is like a plan to help everyone get faster and cheaper internet by asking different groups to work together. It’s like a big team project, but some people worry there’s too much money involved without a good plan to spend it right.

Summary AI

The bill, known as the "PLAN for Broadband Act," aims to develop a National Strategy to Close the Digital Divide in the United States. It tasks the Assistant Secretary of Commerce for Communications and Information with coordinating various federal agencies to improve and streamline broadband internet programs, making them more accessible and affordable for everyone. The act outlines the creation of a detailed strategy and an implementation plan to enhance interagency coordination, reduce administrative burdens, and improve the effectiveness of broadband deployment. Additionally, it seeks input from the public and subject matter experts to ensure comprehensive and successful implementation of the strategy.

Published

2024-12-17
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-12-17
Package ID: BILLS-118s2238rs

Bill Statistics

Size

Sections:
18
Words:
6,340
Pages:
34
Sentences:
86

Language

Nouns: 1,966
Verbs: 496
Adjectives: 264
Adverbs: 74
Numbers: 233
Entities: 377

Complexity

Average Token Length:
4.53
Average Sentence Length:
73.72
Token Entropy:
5.24
Readability (ARI):
40.22

AnalysisAI

The proposed legislation, S. 2238, also known as the Proper Leadership to Align Networks for Broadband Act or the PLAN for Broadband Act, seeks to address the digital divide in the United States. The bill directs the Assistant Secretary of Commerce for Communications and Information to develop a national strategy to improve internet access and manage federal broadband programs. It encompasses coordinating various government agencies to streamline processes, optimize resource allocation, and remove barriers to internet access, particularly in underserved areas.

General Summary

The legislation aims to deliver high-speed, affordable broadband internet to all individuals across the United States. It mandates the creation of a comprehensive strategy to synchronize federal broadband efforts, reduce administrative burdens, and ensure government resources are used efficiently. The bill also emphasizes public engagement in shaping this strategy, requiring input from various stakeholders, including consumers, experts, and government representatives. It includes plans for public accountability through regular briefings to Congress and oversight by the Government Accountability Office.

Significant Issues

One of the notable challenges in the bill is the lack of specificity in defining key elements, such as "covered agencies," which could lead to confusion about which entities are responsible for various tasks under the strategy. Additionally, there is concern over the provision of substantial funding without detailed plans for oversight, leading to potential misuse or inefficient use of resources. Significant financial allocations, such as the $4.98 billion increase for the "rip and replace" program and the $7 billion for the Affordable Connectivity Program, raise concerns about accountability and potential wasteful spending.

The bill's provision requiring public comment and approval by the Commission presents a procedural challenge, potentially causing delays in implementation. The ambiguous language around interagency coordination and roles could lead to administrative hurdles and inefficiencies.

Impact on the Public

For the general public, this bill could significantly improve internet access, particularly in rural and underserved areas with limited connectivity. A successful implementation could reduce the digital divide that disproportionately affects low-income and marginalized communities, providing them with greater access to educational, economic, and social resources.

However, if the bill's implementation is plagued by administrative delays and misuse of funds, the public might perceive the efforts as ineffective, eroding trust in government initiatives intended to bridge the digital gap. It is crucial that transparency and clear accountability measures are put in place to ensure that the intended benefits reach those in need.

Impact on Stakeholders

Federal Agencies and State Governments: The bill's call for synchronization among multiple agencies might lead to improved coordination but could also create bureaucratic challenges if roles are not clearly defined. State and local governments could potentially benefit from streamlined processes but may face additional administrative burdens without sufficient guidance or support.

Internet Service Providers (ISPs): ISPs could benefit from incentives and clearer policies that promote infrastructure development and reduce regulatory hurdles. However, the expectation to expand services to underserved areas with potential limitations on subsidies might challenge smaller providers.

Tribal Communities: This bill recognizes the unique challenges faced by Tribal lands, aiming to address specific issues related to connectivity. Proper implementation could bring significant advantages to these communities, helping to preserve cultural and educational engagements through improved internet access.

Consumers and Public Advocacy Groups: These groups play a critical role in the public consultation process. Their engagement will be vital in shaping a strategy that reflects the needs and priorities of diverse communities across the nation. Nonetheless, their influence might be limited if procedural complexities hinder effective participation in the strategy's development.

Overall, S. 2238 represents a bold legislative effort to close the digital divide, with the potential to substantially benefit public access to broadband if hurdles in implementation and oversight are effectively managed.

Financial Assessment

The bill known as the “PLAN for Broadband Act” involves several significant financial references which are important to understand in the context of its goals and potential issues.

Expenditure Limit Increase and Appropriations

In Section 10, the bill proposes an increase in the expenditure limit for the Secure and Trusted Communications Networks Act of 2019, moving from $1.9 billion to $4.98 billion. Additionally, it appropriates $3.08 billion to the Federal Communications Commission (FCC) for fiscal year 2024 to carry out activities under the same act. While these funds are aimed at enhancing network security, the substantial increase and lack of detailed explanation on how these funds will be specifically allocated or managed raises concerns about potential waste and mismanagement. This aligns with the issue identified about potentially wasteful spending and insufficient oversight.

Appropriations for the Affordable Connectivity Program

Section 11 allocates $7 billion for the Affordable Connectivity Program to remain available until fully spent. This open-ended financial commitment could potentially lead to prolonged or inefficient use of the funds, as there is no clear timeline or explicit measures for oversight detailed in this section. The vagueness regarding financial accountability has been flagged as a notable concern.

Financial Oversight and Accountability

Across multiple sections, there is an emphasis on the need for clear accountability and roles within the spending framework. Sections 3 and 4 highlight a lack of specificity in assigning responsibility and enforcing the implementation plan. Without detailed accountability measures, there is a risk of mismanagement or inefficiencies in financial execution. This reflects the identified issue regarding the need for precise guidelines to maintain public trust and ensure effective use of the allocated funds.

Timeline and Delays

The bill outlines steps for public comment and administrative approvals, which in present form could slow down the deployment of resources. This includes a structured yet time-intensive process for the strategy and implementation plan to gain approval through the Commission. Although such processes are designed to ensure thorough vetting, they may contribute to procedural delays, as noted in the issues section, affecting the urgency required to address the digital divide effectively.

Conclusions

Overall, the bill contains significant financial commitments intended to advance the goal of bridging the digital divide. However, it faces challenges in terms of transparency and precise implementation, as highlighted by concerns about potential delays, unclear accountability, and the management of funds. Addressing these issues is crucial for ensuring that financial resources are used effectively and efficiently to achieve the intended outcomes.

Issues

  • The increase in the expenditure limit from $1,900,000,000 to $4,980,000,000 without clear justification in Section 10 might indicate potential wasteful spending. The appropriation of an additional $3,080,000,000 to the Commission lacks detailed explanation on fund usage, raising concerns about oversight and management. These substantial financial allocations are significant to the general public and could be controversial. (Section 10)

  • The appropriation of $7,000,000,000 for the Affordable Connectivity Program in Section 11 specifies that the funds will 'remain available until expended,' which could lead to indefinite timing and potential misuse or inefficient allocation of funds. There is also a lack of detail on oversight measures to ensure proper use of the appropriated funds, making it a notable concern for financial accountability. (Section 11)

  • Sections 3 and 4 outline the lack of specificity in establishing accountability, roles, responsibilities, and enforcement measures for the strategy's implementation plan, which may lead to inefficiencies and ineffective execution. Clear guidelines and accountability are crucial for public trust and legal clarity. (Sections 3 and 4)

  • The term 'covered agencies' is not clearly defined, leading to ambiguity about which agencies are responsible for participating in briefings, potentially causing confusion in the implementation process. This lack of clarity could complicate oversight and compliance. (Sections 5 and 6)

  • The lack of a defined timeline for each stage of the strategy's implementation beyond the initial submission to Congress could lead to delays or lack of progress, affecting public accountability and the timely closing of the digital divide. (Section 3)

  • Significant roles have been allotted to various 'covered agencies,' but it is unclear if all these agencies are necessary, potentially leading to inefficient use of resources. This issue could impact the financial efficiency of the National Strategy. (Section 2)

  • The language regarding synchronization of interagency coordination and the approval process for grants in Sections 3 and 4 could be seen as overly complex or vague, requiring further operational detail to ensure effective execution and avoid misinterpretation. Such ambiguity may lead to administrative challenges. (Sections 3 and 4)

  • There is no explicit mention of how compliance with consistent obligation and expenditure reporting will be enforced, creating potential for non-compliance. Clear enforcement measures are essential for financial transparency and accountability. (Section 4)

  • The focus on public comment and Commission approval for the strategy and implementation plan could cause procedural delays, raising concerns about the timeline and urgency in addressing the digital divide. The process's complexity might hinder swift action. (Sections 3 and 4)

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that it can be referred to by two names: the "Proper Leadership to Align Networks for Broadband Act" or the "PLAN for Broadband Act."

2. Definitions Read Opens in new tab

Summary AI

The section provides definitions of terms used in the Act, clarifying the roles of specific committees, officials, and agencies, outlining what qualifies as a federal broadband program, and explaining terms like "State," "Implementation Plan," and "Strategy."

3. National Strategy to Close the Digital Divide Read Opens in new tab

Summary AI

The section outlines a plan for the Assistant Secretary to create a national strategy to improve internet access in the U.S. by coordinating federal programs, reducing costs and barriers, and collaborating with local and tribal governments, as well as other stakeholders. It also emphasizes public consultation and identifies necessary improvements in managing and funding broadband programs to effectively close the digital gap across the country.

4. Implementation Plan Read Opens in new tab

Summary AI

The Implementation Plan requires the Assistant Secretary to create a plan for how the federal government will manage and coordinate broadband programs, ensuring accountability and reducing waste. It includes steps like using common data, engaging with the public, and seeking feedback to improve the deployment of broadband services across the country.

5. Briefings and implementation Read Opens in new tab

Summary AI

The Assistant Secretary must brief Congress 21 days after submitting the Implementation Plan and then every 90 days on the progress of implementing a strategy. However, this does not change the authority of the Federal Communications Commission.

6. Government Accountability Office study and report Read Opens in new tab

Summary AI

The Government Accountability Office is tasked with conducting a study to evaluate how effective the Strategy and Implementation Plan are at closing the digital divide. They will also suggest improvements, and a report of the study's findings will be submitted to Congress within a year of the Implementation Plan's submission.

1. Short title Read Opens in new tab

Summary AI

The section states that the official shorter name for the Act is the “Proper Leadership to Align Networks for Broadband Act” or, more simply, the “PLAN for Broadband Act”.

2. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms used in the Act, including several committees, agencies, and services. It clarifies entities like the “Assistant Secretary” as the Assistant Secretary of Commerce for Communications and Information, identifies “covered agencies” involved in broadband programs, and defines terms related to broadband internet, federal land management, and specific strategies and plans mentioned in the Act.

3. National strategy to synchronize federal broadband programs Read Opens in new tab

Summary AI

The section outlines a plan for the government to create a National Strategy to better manage and coordinate federal broadband programs, making sure everyone in the U.S. can access affordable, high-speed internet. It includes steps to improve cooperation among agencies, reduce unnecessary costs and barriers, enhance program efficiency, and prevent misuse of funds, with opportunities for public input and approval from a commission.

4. Implementation plan Read Opens in new tab

Summary AI

The text outlines an implementation plan to improve Federal broadband programs by defining roles, responsibilities, goals, and standards for interagency coordination, addressing policy inconsistencies, setting limits on funding, and promoting transparency and accountability. It also details public comment periods and the requirement for approval by a public vote of the Commission before the plan can be finalized and put into action.

5. Briefings and implementation Read Opens in new tab

Summary AI

The section requires the Assistant Secretary and representatives from certain agencies to brief Congress on the implementation of a strategy within 21 days after submitting their Implementation Plan. Additionally, the Assistant Secretary must regularly brief Congress every 90 days on the progress of implementing the plan, without altering the authority of the Commission.

6. Government Accountability Office study and report Read Opens in new tab

Summary AI

The Government Accountability Office will start a study within a year after the Assistant Secretary and the Commission present their Implementation Plan to Congress. This study aims to evaluate the effectiveness of current strategies and plans related to federal funding for broadband internet, provide suggestions for improvement, review existing performance goals, examine funding awards, and suggest changes to avoid overlapping awards in the future. The findings will be reported to Congress.

7. Broadband funding map reporting Read Opens in new tab

Summary AI

The section requires that, within 60 days of the law's enactment, leaders of certain agencies must report to Congress and the Assistant Secretary on their efforts to work with the National Telecommunications and Information Administration to update the Deployment Locations Map. The report must detail how well the agency is providing the necessary data and mention any difficulties they are facing in doing so.

8. Tracking and improving processing times for communications use applications Read Opens in new tab

Summary AI

The section requires executive agencies to monitor and improve the processing times for certain communications use applications. It mandates agencies to keep accurate data, analyze and address delay factors, report these factors to specific congressional committees annually, and establish a method for alerting staff about applications at risk of missing the deadline.

9. Minimum broadband project cost Read Opens in new tab

Summary AI

Section 9 of the bill amends the FAST Act to add that a broadband project must meet certain requirements, like being subject to environmental review (NEPA), involving infrastructure construction for broadband, and needing an investment of over $5 million.

10. Additional rip and replace funding; spectrum reauction Read Opens in new tab

Summary AI

The section provides additional funding and processes for the "rip and replace" program, increasing the spending limit to $4.98 billion. It also requires the Federal Communications Commission (FCC) to reauction specific spectrum licenses from the AWS-3 bands within one year, regardless of any expiration of authority.

Money References

  • — (1) INCREASE IN EXPENDITURE LIMIT.— Section 4(k) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1603(k)) is amended by striking “$1,900,000,000” and inserting “$4,980,000,000”.
  • (2) APPROPRIATION OF FUNDS.—There is appropriated to the Commission for fiscal year 2024, out of amounts in the Treasury not otherwise appropriated, $3,080,000,000, to remain available until expended, to carry out section 4 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1603).

11. Appropriation for Affordable Connectivity Program Read Opens in new tab

Summary AI

The section amends the Consolidated Appropriations Act, 2021, to include new funding provisions for the Affordable Connectivity Program, specifically allocating $7 billion for the program in the fiscal year 2024, with the funds available until spent.

12. Rule of construction Read Opens in new tab

Summary AI

This section clarifies that the Act does not give any new authority to the federal, state, local, or tribal governments to regulate broadband internet access services.