Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink

the third day of January, two thousand and eightCommentsClose CommentsPermalink

An ActCommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

TITLE I--BROADBAND DATA IMPROVEMENTCommentsClose CommentsPermalink

SEC. 101. SHORT TITLE.

This title may be cited as the ‘Broadband Data Improvement Act’.CommentsClose CommentsPermalink

SEC. 102 FINDINGS.

SEC. 103 IMPROVING FEDERAL DATA ON BROADBAND.

(a) Improving Section 706 Inquiry- Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 157 note) is amended--CommentsClose CommentsPermalink





(1) by striking ‘regularly’ in subsection (b) and inserting ‘annually’;CommentsClose CommentsPermalink





(2) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(3) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) Demographic Information for Unserved Areas- As part of the inquiry required by subsection (b), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability (as defined by section 706(c)(1) of the Telecommunications Act of 1996 (47 U.S.C. 157 note)) and to the extent that data from the Census Bureau is available, determine, for each such unserved area--CommentsClose CommentsPermalink





‘(1) the population;CommentsClose CommentsPermalink





‘(2) the population density; andCommentsClose CommentsPermalink





‘(3) the average per capita income.’.CommentsClose CommentsPermalink





(b) International Comparison-CommentsClose CommentsPermalink





(1) IN GENERAL- As part of the assessment and report required by section 706 of the Telecommunications Act of 1996 (47 U.S.C. 157 note), the Federal Communications Commission shall include information comparing the extent of broadband service capability (including data transmission speeds and price for broadband service capability) in a total of 75 communities in at least 25 countries abroad for each of the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers.CommentsClose CommentsPermalink





(2) CONTENTS- The Commission shall choose communities for the comparison under this subsection in a manner that will offer, to the extent possible, communities of a population size, population density, topography, and demographic profile that are comparable to the population size, population density, topography, and demographic profile of various communities within the United States. The Commission shall include in the comparison under this subsection--CommentsClose CommentsPermalink





(A) a geographically diverse selection of countries; andCommentsClose CommentsPermalink





(B) communities including the capital cities of such countries.CommentsClose CommentsPermalink





(3) SIMILARITIES AND DIFFERENCES- The Commission shall identify relevant similarities and differences in each community, including their market structures, the number of competitors, the number of facilities-based providers, the types of technologies deployed by such providers, the applications and services those technologies enable, the regulatory model under which broadband service capability is provided, the types of applications and services used, business and residential use of such services, and other media available to consumers.CommentsClose CommentsPermalink





(c) Consumer Survey of Broadband Service Capability-CommentsClose CommentsPermalink





(1) IN GENERAL- For the purpose of evaluating, on a statistically significant basis, the national characteristics of the use of broadband service capability, the Commission shall conduct and make public periodic surveys of consumers in urban, suburban, and rural areas in the large business, small business, and residential consumer markets to determine--CommentsClose CommentsPermalink





(A) the types of technology used to provide the broadband service capability to which consumers subscribe;CommentsClose CommentsPermalink





(B) the amounts consumers pay per month for such capability;CommentsClose CommentsPermalink





(C) the actual data transmission speeds of such capability;CommentsClose CommentsPermalink





(D) the types of applications and services consumers most frequently use in conjunction with such capability;CommentsClose CommentsPermalink





(E) for consumers who have declined to subscribe to broadband service capability, the reasons given by such consumers for declining such capability;CommentsClose CommentsPermalink





(F) other sources of broadband service capability which consumers regularly use or on which they rely; andCommentsClose CommentsPermalink





(G) any other information the Commission deems appropriate for such purpose.CommentsClose CommentsPermalink





(2) PUBLIC AVAILABILITY- The Commission shall make publicly available the results of surveys conducted under this subsection at least once per year.CommentsClose CommentsPermalink





(d) Improving Census Data on Broadband- The Secretary of Commerce, in consultation with the Federal Communications Commission, shall expand the American Community Survey conducted by the Bureau of the Census to elicit information for residential households, including those located on native lands, to determine whether persons at such households own or use a computer at that address, whether persons at that address subscribe to Internet service and, if so, whether such persons subscribe to dial-up or broadband Internet service at that address.CommentsClose CommentsPermalink





(e) Proprietary Information- Nothing in this title shall reduce or remove any obligation the Commission has to protect proprietary information, nor shall this title be construed to compel the Commission to make publicly available any proprietary information.CommentsClose CommentsPermalink

SEC. 104. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS.

SEC. 105. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON SMALL BUSINESSES.

SEC. 106. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.

(a) Purposes- The purposes of any grant under subsection (b) are--CommentsClose CommentsPermalink





(1) to ensure that all citizens and businesses in a State have access to affordable and reliable broadband service;CommentsClose CommentsPermalink





(2) to achieve improved technology literacy, increased computer ownership, and broadband use among such citizens and businesses;CommentsClose CommentsPermalink





(3) to establish and empower local grassroots technology teams in each State to plan for improved technology use across multiple community sectors; andCommentsClose CommentsPermalink





(4) to establish and sustain an environment ripe for broadband services and information technology investment.CommentsClose CommentsPermalink





(b) Establishment of State Broadband Data and Development Grant Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Commerce shall award grants, taking into account the results of the peer review process under subsection (d), to eligible entities for the development and implementation of statewide initiatives to identify and track the availability and adoption of broadband services within each State.CommentsClose CommentsPermalink





(2) COMPETITIVE BASIS- Any grant under subsection (b) shall be awarded on a competitive basis.CommentsClose CommentsPermalink





(c) Eligibility- To be eligible to receive a grant under subsection (b), an eligible entity shall--CommentsClose CommentsPermalink





(1) submit an application to the Secretary of Commerce, at such time, in such manner, and containing such information as the Secretary may require;CommentsClose CommentsPermalink





(2) contribute matching non-Federal funds in an amount equal to not less than 20 percent of the total amount of the grant; andCommentsClose CommentsPermalink





(3) agree to comply with confidentiality requirements in subsection (h)(2) of this section.CommentsClose CommentsPermalink





(d) Peer Review; Nondisclosure-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall by regulation require appropriate technical and scientific peer review of applications made for grants under this section.CommentsClose CommentsPermalink





(2) REVIEW PROCEDURES- The regulations required under paragraph (1) shall require that any technical and scientific peer review group--CommentsClose CommentsPermalink





(A) be provided a written description of the grant to be reviewed;CommentsClose CommentsPermalink





(B) provide the results of any review by such group to the Secretary of Commerce; andCommentsClose CommentsPermalink





(C) certify that such group will enter into voluntary nondisclosure agreements as necessary to prevent the unauthorized disclosure of confidential and proprietary information provided by broadband service providers in connection with projects funded by any such grant.CommentsClose CommentsPermalink





(e) Use of Funds- A grant awarded to an eligible entity under subsection (b) shall be used--CommentsClose CommentsPermalink





(1) to provide a baseline assessment of broadband service deployment in each State;CommentsClose CommentsPermalink





(2) to identify and track--CommentsClose CommentsPermalink





(A) areas in each State that have low levels of broadband service deployment;CommentsClose CommentsPermalink





(B) the rate at which residential and business users adopt broadband service and other related information technology services; andCommentsClose CommentsPermalink





(C) possible suppliers of such services;CommentsClose CommentsPermalink





(3) to identify barriers to the adoption by individuals and businesses of broadband service and related information technology services, including whether or not--CommentsClose CommentsPermalink





(A) the demand for such services is absent; andCommentsClose CommentsPermalink





(B) the supply for such services is capable of meeting the demand for such services;CommentsClose CommentsPermalink





(4) to identify the speeds of broadband connections made available to individuals and businesses within the State, and, at a minimum, to rely on the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers, to promote greater consistency of data among the States;CommentsClose CommentsPermalink





(5) to create and facilitate in each county or designated region in a State a local technology planning team--CommentsClose CommentsPermalink





(A) with members representing a cross section of the community, including representatives of business, telecommunications labor organizations, K-12 education, health care, libraries, higher education, community-based organizations, local government, tourism, parks and recreation, and agriculture; andCommentsClose CommentsPermalink





(B) which shall--CommentsClose CommentsPermalink





(i) benchmark technology use across relevant community sectors;CommentsClose CommentsPermalink





(ii) set goals for improved technology use within each sector; andCommentsClose CommentsPermalink





(iii) develop a tactical business plan for achieving its goals, with specific recommendations for online application development and demand creation;CommentsClose CommentsPermalink





(6) to work collaboratively with broadband service providers and information technology companies to encourage deployment and use, especially in unserved areas and areas in which broadband penetration is significantly below the national average, through the use of local demand aggregation, mapping analysis, and the creation of market intelligence to improve the business case for providers to deploy;CommentsClose CommentsPermalink





(7) to establish programs to improve computer ownership and Internet access for unserved areas and areas in which broadband penetration is significantly below the national average;CommentsClose CommentsPermalink





(8) to collect and analyze detailed market data concerning the use and demand for broadband service and related information technology services;CommentsClose CommentsPermalink





(9) to facilitate information exchange regarding the use and demand for broadband services between public and private sectors; andCommentsClose CommentsPermalink





(10) to create within each State a geographic inventory map of broadband service, including the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers, which shall--CommentsClose CommentsPermalink





(A) identify gaps in such service through a method of geographic information system mapping of service availability based on the geographic boundaries of where service is available or unavailable among residential or business customers; andCommentsClose CommentsPermalink





(B) provide a baseline assessment of statewide broadband deployment in terms of households with high-speed availability.CommentsClose CommentsPermalink





(f) Participation Limit- For each State, an eligible entity may not receive a new grant under this section to fund the activities described in subsection (d) within such State if such organization obtained prior grant awards under this section to fund the same activities in that State in each of the previous 4 consecutive years.CommentsClose CommentsPermalink





(g) Reporting; Broadband Inventory Map- The Secretary of Commerce shall--CommentsClose CommentsPermalink





(1) require each recipient of a grant under subsection (b) to submit a report on the use of the funds provided by the grant; andCommentsClose CommentsPermalink





(2) create a web page on the Department of Commerce website that aggregates relevant information made available to the public by grant recipients, including, where appropriate, hypertext links to any geographic inventory maps created by grant recipients under subsection (e)(10).CommentsClose CommentsPermalink





(h) Access to Aggregate Data-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the Commission shall provide eligible entities access, in electronic form, to aggregate data collected by the Commission based on the Form 477 submissions of broadband service providers.CommentsClose CommentsPermalink





(2) LIMITATION- Notwithstanding any provision of Federal or State law to the contrary, an eligible entity shall treat any matter that is a trade secret, commercial or financial information, or privileged or confidential, as a record not subject to public disclosure except as otherwise mutually agreed to by the broadband service provider and the eligible entity. This paragraph applies only to information submitted by the Commission or a broadband provider to carry out the provisions of this title and shall not otherwise limit or affect the rules governing public disclosure of information collected by any Federal or State entity under any other Federal or State law or regulation.CommentsClose CommentsPermalink





(i) Definitions- In this section:CommentsClose CommentsPermalink





(1) COMMISSION- The term ‘Commission’ means the Federal Communications Commission.CommentsClose CommentsPermalink





(2) ELIGIBLE ENTITY- The term ‘eligible entity’ means--CommentsClose CommentsPermalink





(A) an entity that is either--CommentsClose CommentsPermalink





(i) an agency or instrumentality of a State, or a municipality or other subdivision (or agency or instrumentality of a municipality or other subdivision) of a State;CommentsClose CommentsPermalink





(ii) a nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code; orCommentsClose CommentsPermalink





(iii) an independent agency or commission in which an office of a State is a member on behalf of the State; andCommentsClose CommentsPermalink





(B) is the single eligible entity in the State that has been designated by the State to receive a grant under this section.CommentsClose CommentsPermalink





(j) No Regulatory Authority- Nothing in this section shall be construed as giving any public or private entity established or affected by this title any regulatory jurisdiction or oversight authority over providers of broadband services or information technology.CommentsClose CommentsPermalink

TITLE II--PROTECTING CHILDRENCommentsClose CommentsPermalink

SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This title may be cited as the ‘Protecting Children in the 21st Century Act’.CommentsClose CommentsPermalink





(b) TABLE OF CONTENTS- The table of contents for this title is as follows:CommentsClose CommentsPermalink





Sec. 201. Short title; table of contents.CommentsClose CommentsPermalink

SUBTITLE A--PROMOTING A SAFE INTERNET FOR CHILDREN

Sec. 211. Internet safety.CommentsClose CommentsPermalink





Sec. 212. Public awareness campaign.CommentsClose CommentsPermalink





Sec. 213. Annual reports.CommentsClose CommentsPermalink





Sec. 214. Online safety and technology working group.CommentsClose CommentsPermalink





Sec. 215. Promoting online safety in schools.CommentsClose CommentsPermalink





Sec. 216. Definitions.CommentsClose CommentsPermalink

SUBTITLE B--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

Sec. 221. Child pornography prevention; forfeitures related to child pornography violations.CommentsClose CommentsPermalink

SUBTITLE A--PROMOTING A SAFE INTERNET FOR CHILDRENCommentsClose CommentsPermalink

SEC. 211. INTERNET SAFETY.

For the purposes of this title, the issue of Internet safety includes issues regarding the use of the Internet in a manner that promotes safe online activity for children, protects children from cybercrimes, including crimes by online predators, and helps parents shield their children from material that is inappropriate for minors.CommentsClose CommentsPermalink

SEC. 212. PUBLIC AWARENESS CAMPAIGN.

The Federal Trade Commission shall carry out a nationwide program to increase public awareness and provide education regarding strategies to promote the safe use of the Internet by children. The program shall utilize existing resources and efforts of the Federal Government, State and local governments, nonprofit organizations, private technology and financial companies, Internet service providers, World Wide Web-based resources, and other appropriate entities, that includes--CommentsClose CommentsPermalink





(1) identifying, promoting, and encouraging best practices for Internet safety;CommentsClose CommentsPermalink





(2) establishing and carrying out a national outreach and education campaign regarding Internet safety utilizing various media and Internet-based resources;CommentsClose CommentsPermalink





(3) facilitating access to, and the exchange of, information regarding Internet safety to promote up-to-date knowledge regarding current issues; andCommentsClose CommentsPermalink





(4) facilitating access to Internet safety education and public awareness efforts the Commission considers appropriate by States, units of local government, schools, police departments, nonprofit organizations, and other appropriate entities.CommentsClose CommentsPermalink

SEC. 213. ANNUAL REPORTS.

SEC. 214. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.

SEC. 215. PROMOTING ONLINE SAFETY IN SCHOOLS.

Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ after the semicolon in clause (i);CommentsClose CommentsPermalink





(2) by striking ‘minors.’ in clause (ii) and inserting ‘minors; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.’.CommentsClose CommentsPermalink

SEC. 216. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) COMMISSION- The term ‘Commission’ means the Federal Trade Commission.CommentsClose CommentsPermalink





(2) INTERNET- The term ‘Internet’ means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor successor protocols to such protocol, to communicate information of all kinds by wire or radio.CommentsClose CommentsPermalink

SUBTITLE B--ENHANCING CHILD PORNOGRAPHY ENFORCEMENTCommentsClose CommentsPermalink

SEC. 221. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD PORNOGRAPHY VIOLATIONS.

(a) In General- Section 503(b)(1) of the Communications Act of 1934 (47 U.S.C. 503(b)(1)) is amended by striking ‘or 1464’ in subparagraph (D) and inserting ‘1464, or 2252’.CommentsClose CommentsPermalink

Speaker of the House of Representatives.CommentsClose CommentsPermalink

Vice President of the United States andCommentsClose CommentsPermalink