[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2071 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2071
To provide grants to States, territories, Puerto Rico, the District of
Columbia, and eligible Tribal entities to promote access to affordable,
high-speed broadband and digital equity.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2021
Mr. Bennet (for himself, Mr. King, and Mr. Portman) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide grants to States, territories, Puerto Rico, the District of
Columbia, and eligible Tribal entities to promote access to affordable,
high-speed broadband and digital equity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Reform and Investment to
Drive Growth in the Economy Act of 2021'' or the ``BRIDGE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Access to affordable, reliable, and high-speed
broadband is essential to full participation in modern life in
the United States.
(2) The persistent ``digital divide'' in the United States
is a barrier to the economic competitiveness of the United
States and equitable distribution of essential public services,
including health care and education.
(3) The digital divide disproportionately affects
communities of color, lower-income areas, and rural areas.
(4) In many communities across the country, increased
competition among broadband providers has the potential to
offer consumers more affordable, high-quality options for
broadband service.
(5) The 2019 novel coronavirus pandemic has underscored the
critical importance of affordable, high-speed broadband for
individuals, families, and communities to be able to work,
learn, and connect remotely while supporting social distancing.
SEC. 3. GRANTS FOR BROADBAND DEPLOYMENT.
(a) Definitions.--
(1) Areas lacking broadband access.--In this section--
(A) the term ``unserved area'' means an area that
lacks access to broadband service with a speed greater
than--
(i) 25 megabits per second for downloads;
and
(ii) 3 megabits per second for uploads;
(B) the term ``underserved area'' means an area
that--
(i) is not an unserved area; and
(ii) lacks access to broadband service with
a speed of not less than--
(I) 100 megabits per second for
downloads; and
(II) 25 megabits per second for
uploads;
(C) the term ``other qualifying area'' means an
area that--
(i) is not an unserved area or underserved
area; and
(ii) lacks access to gigabit-level
broadband service; and
(D) the term ``eligible area'' means an unserved
area, underserved area, or other qualifying area.
(2) Other definitions.--In this section--
(A) the term ``affordable broadband service plan''
means a plan under which broadband service is provided
at a rate that is determined by the Commission, in
coordination with the Assistant Secretary, to be
affordable for a 4-person household that--
(i) includes 2 dependents under the age of
18; and
(ii) has an income of 136 percent of the
poverty line applicable to a family of the size
involved (as determined under section 673(2) of
the Community Services Block Grant Act (42
U.S.C. 9902(2)));
(B) the term ``Assistant Secretary'' means the
Assistant Secretary of Commerce for Communications and
Information;
(C) the term ``broadband'' or ``broadband service''
has the meaning given the term ``broadband internet
access service'' in section 8.1(b) of title 47, Code of
Federal Regulations, or any successor regulation;
(D) the term ``Commission'' means the Federal
Communications Commission;
(E) the term ``community anchor institution'' means
an entity such as a school, library, health clinic,
hospital or other medical provider, public safety
entity, institution of higher education, public housing
organization, or community support organization that
facilitates greater use of broadband service by
vulnerable populations, including low-income
individuals, unemployed individuals, and aged
individuals;
(F) the term ``digital equity'' means the condition
in which all individuals and communities have the
information technology capacity needed for full
participation in the society and economy of the United
States;
(G) the term ``digital inclusion''--
(i) means the activities that are necessary
to ensure that all individuals in the United
States have access to, and the use of,
affordable information and communications
technologies, such as reliable fixed and
wireless broadband service, internet-enabled
devices that meet the needs of the user,
applications and online content designed to
enable and encourage self-sufficiency,
participation, and collaboration; and
(ii) includes obtaining access to digital
literacy training, the provision of quality
technical support, and obtaining basic
awareness of measures to ensure online privacy
and cybersecurity;
(H) the term ``digital literacy'' means the skills
associated with using technology to enable users to
find, evaluate, organize, create, and communicate
information;
(I) the term ``eligible community anchor
institution'' means a community anchor institution that
lacks access to gigabit-level broadband service;
(J) the term ``eligible entity'' means a State, a
territory, the District of Columbia, or an eligible
Tribal entity;
(K) the term ``eligible Tribal entity'' means--
(i) a Tribal government;
(ii) a Tribal College or University (as
defined in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)));
(iii) the Department of Hawaiian Home Lands
on behalf of the Native Hawaiian Community,
including Native Hawaiian Education Programs;
(iv) a Tribal organization; or
(v) a Native Corporation;
(L) the term ``Fund'' means the Broadband Access
Fund established under subsection (b);
(M) the term ``gigabit-level broadband service''
means broadband service with a speed of not less than--
(i) 1 gigabit per second for downloads; and
(ii) 1 gigabit per second for uploads;
(N) the term ``high-cost area'' means an unserved
area in which the Assistant Secretary determines that
the cost of deploying broadband service is higher than
the average cost of deploying broadband service in the
United States because of--
(i) the remote location of the area;
(ii) the population density of the area;
(iii) the unique topography of the area;
(iv) a high rate of poverty in the area; or
(v) any other factor that contributes to
the cost of deploying broadband service;
(O) the term ``Native Corporation'' has the meaning
given the term in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602);
(P) the term ``Native Hawaiian'' has the meaning
given the term in section 801 of the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4221);
(Q) the term ``State'' means any of the 50 States;
(R) the term ``subgrantee'' means an entity that
receives grant funds from an eligible entity to carry
out activities under subsection (g);
(S) the term ``territory'' means the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of
Palau; and
(T) the term ``Tribal government'' means the
governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component
band, or component reservation, individually recognized
(including parenthetically) in the list published most
recently as of the date of enactment of this Act
pursuant to section 4104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(b) Broadband Access Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Broadband Access
Fund''.
(2) Direct appropriation to fund.--There is appropriated to
the Fund, out of amounts in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2021,
$40,000,000,000, to remain available until expended.
(3) Availability of fund.--Amounts in the Fund shall be
available to the Assistant Secretary to make grants to eligible
entities to--
(A) deploy broadband; and
(B) fund efforts that bridge the digital divide,
increase the adoption of broadband, and facilitate
affordable access to broadband.
(c) Grants.--From the amounts appropriated under subsection (b),
the Assistant Secretary shall award a grant to each eligible entity
that submits an initial proposal or final proposal that the Assistant
Secretary approves.
(d) Allocation.--
(1) Minimum amounts.--Of the amounts appropriated under
subsection (b)--
(A) $100,000,000 shall be made available to each
State;
(B) $75,000,000 shall be made available to each of
the Commonwealth of Puerto Rico and the District of
Columbia;
(C) $100,000,000 shall be made available to, and
divided equally among, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau; and
(D) not less than 5 percent shall be made available
to eligible Tribal entities--
(i) on an equitable basis; and
(ii) of which not less than 3 percent shall
be made available for the benefit of Native
Hawaiians.
(2) Remaining amounts.--
(A) In general.--Amounts remaining after the
allocations under paragraph (1) shall be allocated to
States based on population in accordance with
subparagraph (B) of this paragraph.
(B) Allocations.--Of the amounts allocated under
subparagraph (A)--
(i) 50 percent shall be allocated among the
States based on the proportion that the
population of each State bears to the
population of all States;
(ii) 25 percent shall be allocated among
the States based on the proportion that the
number of individuals living in rural areas in
each State, as determined by the Bureau of the
Census, bears to the number of individuals
living in rural area in all States, as
determined by the Bureau of the Census; and
(iii) 25 percent shall be allocated among
the States based on the proportion that the
number of individuals with a household income
that is below 150 percent of the poverty line
applicable to a family of the size involved (as
determined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)) in each State bears to the number of
such individuals in all States.
(C) Population determination.--For purposes of
subparagraph (B), the population of a State or a
category of residents of a State shall be determined
based on the most recent year for which data are
available from the Bureau of the Census.
(3) Reallocation.--
(A) Failure to submit initial proposal.--If an
eligible entity does not submit an initial proposal
under subsection (f)(2) for amounts allocated to the
eligible entity under this subsection by the applicable
date under subparagraph (A) of that subsection, the
Assistant Secretary shall reallocate the amounts on a
competitive basis to--
(i) in the case of an eligible entity
described in subparagraph (A), (B), or (C) of
paragraph (1) of this subsection, other
eligible entities described in those
subparagraphs that have submitted an initial
proposal under subsection (f)(2) as of that
date; or
(ii) in the case of an eligible entity
described in subparagraph (D) of paragraph (1)
of this subsection, other eligible entities
described in that subparagraph that have
submitted an initial proposal under subsection
(f)(2) as of that date.
(B) Failure to submit final proposal.--If an
eligible entity does not submit a final proposal under
subsection (f)(3) for the remainder of the amounts
allocated to the eligible entity under this subsection
by the applicable date under subparagraph (A) of that
subsection, the Assistant Secretary shall reallocate
the amounts on a competitive basis to--
(i) in the case of an eligible entity
described in subparagraph (A), (B), or (C) of
paragraph (1) of this subsection, other
eligible entities described in those
subparagraphs that have submitted a final
proposal under subsection (f)(3) as of that
date; or
(ii) in the case of an eligible entity
described in subparagraph (D) of paragraph (1)
of this subsection, other eligible entities
described in that subparagraph that have
submitted a final proposal under subsection
(f)(3) as of that date.
(e) Administrative Expenses.--
(1) Assistant secretary.--The Assistant Secretary may use
not more than 2 percent of amounts appropriated under
subsection (b) for administrative purposes, including the
provision of technical assistance to eligible Tribal entities.
(2) Eligible entities.--An eligible entity may use not more
than 2 percent of grant funds received under this section for
expenses relating (directly or indirectly) to administration of
the grant.
(f) Implementation.--
(1) Requirements; outreach.--Not later than 120 days after
the date of enactment of this Act, the Assistant Secretary
shall--
(A) issue a notice to each eligible entity that--
(i) contains the estimated amount available
to the eligible entity under this section; and
(ii) invites the eligible entity to submit
an initial proposal and final proposal for a
grant under this section, in accordance with
paragraphs (2) and (3);
(B) develop and make public a standard, online
application form that an eligible entity may use to
submit an initial proposal and final proposal for the
grant amounts made available to the eligible entity
under this section;
(C) outline--
(i) the requirements for initial proposals
and final proposals for grants under this
section; and
(ii) the allowed uses of grant funds
awarded under this section, as provided in
subsection (g); and
(D) publish a model--
(i) initial proposal that complies with
paragraph (2)(A), including the certification
requirements under clause (i)(VI) of that
paragraph; and
(ii) final proposal that complies with
paragraph (3)(A).
(2) Initial proposal.--
(A) Submission.--
(i) In general.--During the 90-day period
beginning on the date on which the Assistant
Secretary issues the notice under paragraph
(1), an eligible entity that wishes to receive
a grant under this section shall submit an
initial proposal for a grant, using the online
application form developed by the Assistant
Secretary under subparagraph (B) of that
paragraph, that--
(I) outlines long-term objectives
for deploying broadband and closing the
digital divide;
(II)(aa) identifies, and outlines
steps to support, local and regional
broadband planning processes or ongoing
efforts to deploy broadband or close
the digital divide; and
(bb) describes coordination with
local governments, along with local and
regional broadband planning processes;
(III) identifies existing efforts
funded by the Federal government or a
State within the jurisdiction of the
eligible entity to deploy broadband and
close the digital divide;
(IV) includes a plan to
competitively award subgrants;
(V) identifies, using data drawn
from sources including the map created
by the Commission under section
802(c)(1)(A) of the Communications Act
of 1934 (47 U.S.C. 642(c)(1)(A)),
another broadband map of the Commission
that is in effect, the National
Broadband Availability Map created by
the Assistant Secretary, or State-level
broadband data--
(aa) each unserved area,
underserved area, or other
qualifying area under the
jurisdiction of the eligible
entity; and
(bb) each community anchor
institution under the
jurisdiction of the eligible
entity that is an eligible
community anchor institution;
(VI) certifies the intent of the
eligible entity to comply with all
applicable requirements under this
section, including the reporting
requirements under subsection (j)(1);
and
(VII) includes a description of the
challenge process for classification of
eligible areas and institutions
required under subsection (i)(2) that
the eligible entity will use.
(ii) Eligible tribal entities.--In the case
of an eligible Tribal entity, clause (i) shall
be applied by substituting ``120-day period''
for ``90-day period''.
(iii) Local coordination.--To the greatest
extent practicable, a State shall coordinate
with units of local government within the State
in submitting an initial proposal under clause
(i).
(B) Single initial proposal.--An eligible entity
may submit only 1 initial proposal under this
paragraph.
(C) Corrections to initial proposal.--The Assistant
Secretary may accept corrections to the initial
proposal of an eligible entity after the initial
proposal has been submitted.
(D) Consideration of initial proposal.--Not later
than 90 days after receipt of an initial proposal for a
grant under this paragraph, the Assistant Secretary
shall--
(i) acknowledge receipt;
(ii) evaluate whether the use of funds
proposed in the initial proposal complies with
subsection (g);
(iii) if the initial proposal is complete--
(I) disburse to the eligible entity
20 percent of the grant funds that were
allocated to the eligible entity under
subsection (d); or
(II) at the discretion of the
Assistant Secretary, disburse to the
eligible entity a higher percentage of
the grant funds that were allocated to
the eligible entity under subsection
(d); and
(iv) if the initial proposal is incomplete,
notify the eligible entity and provide the
eligible entity with 30 days to resubmit the
initial proposal.
(E) Consideration of resubmitted initial
proposal.--Not later than 14 days after receipt of a
resubmitted initial proposal for a grant under this
paragraph, the Secretary shall--
(i) acknowledge receipt;
(ii) if the initial proposal is complete--
(I) disburse to the eligible entity
20 percent of the grant funds that were
allocated to the eligible entity under
subsection (d); or
(II) at the discretion of the
Assistant Secretary, disburse to the
eligible entity a higher percentage of
the grant funds that were allocated to
the eligible entity under subsection
(d); and
(iii) if the initial proposal is
incomplete, notify the eligible entity and
provide the eligible entity with 30 days to
resubmit the initial proposal.
(3) Final proposal.--
(A) Submission.--
(i) In general.--During the 120-day period
beginning on the date on which the Assistant
Secretary disburses grant funds to an eligible
entity under subparagraph (D) or (E) of
paragraph (2), the eligible entity may submit a
final proposal for the remainder of the grant,
using the online application form developed by
the Assistant Secretary under paragraph (1)(B),
that includes--
(I) spending priorities consistent
with the long-term objectives outlined
in paragraph (2)(A)(i)(I);
(II) a preliminary budget;
(III) a detailed plan that
specifies how the eligible entity
will--
(aa) allocate not less than
50 percent of the total grant
funds allocated to the eligible
entity under subsection (d) to
the deployment of broadband
networks to unserved areas,
including high-cost areas (if
applicable), or to other
eligible uses in areas with
above-average poverty, as
required under subsection
(h)(1); and
(bb) align the grant funds
allocated to the eligible
entity under subsection (d),
where practicable, with the use
of other funds or other
assistance that the eligible
entity has received to deploy
broadband infrastructure from
the Federal Government, a
State, or a private entity;
(IV) a timeline for implementation;
(V) processes for oversight and
accountability to ensure the proper use
of the grant funds allocated to the
eligible entity under subsection (d);
(VI) a description of coordination
with local governments, along with
local and regional broadband planning
processes; and
(VII) a description of efforts to
prohibit waste, fraud, and abuse
through--
(aa) the challenge process
for classification of eligible
areas and institutions required
under subsection (i)(2); and
(bb) coordination with
other Federal and State
broadband programs.
(ii) Eligible tribal entities.--In the case
of an eligible Tribal entity, clause (i) shall
be applied by substituting ``150-day period''
for ``120-day period''.
(iii) Local coordination.--To the greatest
extent practicable, a State shall coordinate
with units of local government within the State
in submitting a final proposal under clause
(i).
(iv) Federal coordination.--To ensure
efficient and effective use of taxpayer funds,
an eligible entity shall, to the greatest
extent practicable, align the use of grant
funds proposed in the final proposal under
clause (i) with funds available from other
Federal programs that support broadband
deployment and access.
(B) Single final proposal.--An eligible entity may
submit only 1 final proposal under this paragraph.
(C) Corrections to final proposal.--The Assistant
Secretary may accept corrections to the final proposal
of an eligible entity after the final proposal has been
submitted.
(D) Consideration of final proposal.--Not later
than 90 days after receipt of a final proposal for a
grant under this paragraph, the Assistant Secretary
shall--
(i) acknowledge receipt;
(ii) evaluate whether the use of funds
proposed in the final proposal complies with
subsection (g);
(iii) if the final proposal is complete,
disburse to the eligible entity the remainder
of the grant funds allocated to the eligible
entity under subsection (d); and
(iv) if the final proposal is incomplete,
notify the eligible entity and provide the
eligible entity with 30 days to resubmit the
final proposal.
(E) Consideration of resubmitted final proposal.--
Not later than 14 days after receipt of a resubmitted
final proposal for a grant under this paragraph, the
Secretary shall--
(i) acknowledge receipt;
(ii) if the final proposal is complete,
disburse to the eligible entity the remainder
of the grant funds allocated to the eligible
entity under subsection (d); and
(iii) if the final proposal is incomplete,
notify the eligible entity and provide the
eligible entity with 30 days to resubmit the
final proposal.
(4) Extension.--The Assistant Secretary may grant an
extension of a deadline under paragraph (2) or (3).
(5) Exemption from service standards.--In submitting an
initial proposal or final proposal under paragraph (2) or (3),
respectively, an eligible entity may request an exemption from
the service standards under subsection (i)(4)(A)(i)(I) for the
deployment of a broadband network in an area if meeting the
standards in that area would be technologically or financially
infeasible.
(g) Use of Funds.--An eligible entity may use grant funds received
under this section to--
(1) competitively award subgrants for--
(A) the deployment of broadband networks to
eligible areas;
(B) connecting eligible community anchor
institutions;
(C) broadband mapping and planning;
(D) distance learning, including partnering with
service providers in existence when the subgrant is
awarded, or purchasing and installing equipment, to
extend broadband service from the campus of a school,
library, or other community anchor institution to
unserved households;
(E) telehealth;
(F) installing internet and Wi-Fi infrastructure or
providing free or reduced-cost broadband within a
multi-family residential building, with a priority
given to a residential building that--
(i) has a substantial share of unserved
households; or
(ii) is in an area in which the percentage
of individuals with a household income that is
at or below 136 percent of the poverty line
applicable to a family of the size involved (as
determined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)) is higher than the national percentage
of such individuals;
(G) affordable broadband programs, including
providing free or reduced-cost broadband service,
that--
(i) subject to clause (ii), provide
broadband service at a speed greater than--
(I) 50 megabits per second for
downloads; and
(II) 10 megabits per second for
uploads; and
(ii) make every reasonable effort to
prioritize broadband service at faster speeds
than the speeds required under clause (i);
(H) digital inclusion, such as digital literacy and
digital equity programs, including programs to provide
affordable internet-capable devices;
(I) broadband adoption;
(J) initiatives to develop a skilled
telecommunications workforce necessary for the
deployment of high-speed broadband; or
(K) accelerating the completion of a project, or
enabling a public-private partnership, to deploy a
broadband network to an eligible area that was ongoing
as of the date of the award, if the network meets the
requirements under subsection (i)(4); and
(2) provide technical assistance to local, regional,
private, or nonprofit entities to carry out existing efforts
to--
(A) deploy broadband or close the digital divide;
or
(B) implement the subgrants awarded under paragraph
(1).
(h) General Subgrant Requirements.--
(1) Minimum allocation for unserved areas or areas with
substantial poverty.--An eligible entity, in awarding subgrants
using grant funds received under this section, shall allocate
not less than 50 percent of the grant funds received by the
eligible entity to--
(A) the deployment of broadband networks to
unserved areas, including high-cost areas (if
applicable); or
(B) other eligible uses in areas in which the
percentage of individuals with a household income that
is at or below 136 percent of the poverty line
applicable to a family of the size involved (as
determined under section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) is higher
than the national percentage of such individuals.
(2) Nonperformance stipulations.--An eligible entity shall
stipulate, in any contract with a subgrantee for the use of
grant funds received under this section, reasonable provisions
for recovery of funds for nonperformance.
(i) Broadband Network Deployment.--
(1) Order of awards; priority.--An eligible entity, in
awarding subgrants for the deployment of a broadband network
using grant funds received under this section, as authorized
under subsection (g)(1)(A)--
(A) shall award funding in a manner that--
(i) first provides funding for deployment
of broadband infrastructure to unserved areas;
(ii) after providing funding for deployment
of broadband infrastructure to areas described
in clause (i), provides funding for deployment
of broadband infrastructure to underserved
areas and eligible community anchor
institutions; and
(iii) after providing funding for
deployment of broadband infrastructure to areas
and institutions described in clause (ii),
provides funding to other eligible areas;
(B) may not exclude cooperatives, nonprofit
organizations, public-private partnerships, private
companies, public or private utilities, Tribally owned
entities, or local governments from eligibility for
such grant funds; and
(C) shall give priority to an entity that--
(i) will provide not less than 1 tier of
gigabit-level broadband service;
(ii) will, subject to a waiver from the
Assistant Secretary due to unforeseeable,
extenuating circumstances--
(I) begin construction of the
broadband network not later than 1 year
after being awarded the subgrant; and
(II) deploy the broadband network
and begin providing broadband service
to each customer that desires broadband
service by a date that is earlier than
the deadline under paragraph (4)(B);
and
(iii) in the case of a subgrant awarded by
a State or territory, has a letter of
endorsement for the project from the local
government for each community that the project
will serve.
(2) Challenge process for classification of eligible areas
and institutions.--
(A) Challenge process.--After submitting an initial
proposal under subsection (f)(2) and before allocating
grant funds received under this section for the
deployment of broadband networks, an eligible entity
shall ensure a transparent, evidence-based, and
expeditious challenge process under which a unit of
local government, nonprofit organization, or other
broadband service provider can challenge a
determination made by the eligible entity in the
initial proposal as to whether a particular area or
community anchor institution within the jurisdiction of
the eligible entity is eligible for the grant funds,
including whether a particular area is an unserved
area, underserved area, or other qualifying area.
(B) Final identification; notification of funding
eligibility.--After resolving each challenge under
subparagraph (A), and not later than 30 days before
allocating grant funds received under this section for
the deployment of broadband networks, an eligible
entity shall provide public notice of the final
classification of each eligible area and eligible
community anchor institution within the jurisdiction of
the eligible entity.
(C) Consultation with ntia.--An eligible entity
shall notify the Assistant Secretary of any
modification to the initial proposal of the eligible
entity submitted under subsection (f)(2) that is
necessitated by a successful challenge under
subparagraph (A) of this paragraph.
(3) Subgrantee non-federal share of broadband
infrastructure deployment costs.--
(A) In general.--
(i) Matching requirement.--In allocating
grant funds received under this section for
deployment of broadband networks, an eligible
entity other than an eligible Tribal entity
shall require a subgrantee to provide a
contribution, derived from non-Federal funds
(or funds from a Federal regional commission or
authority), of not less than 20 percent of
project costs.
(ii) Waiver.--The Assistant Secretary may
reduce or waive the required matching
contribution under clause (i).
(B) Source of match.--A matching contribution under
subparagraph (A)--
(i) may be provided by an eligible entity,
a unit of local government, a utility company,
a cooperative, a nonprofit organization, a for-
profit company, regional planning or
governmental organization, or a Federal
regional commission or authority; and
(ii) may include in-kind contributions.
(C) Definition.--For purposes of this paragraph,
the term ``Federal regional commission or authority''
means--
(i) the Appalachian Regional Commission;
(ii) the Delta Regional Authority; and
(iii) the Northern Border Regional
Commission.
(4) Deployment and provision of service requirements.--An
entity that receives a subgrant under subsection (g)(1)(A) for
the deployment of a broadband network shall--
(A) in providing broadband service using the
network--
(i) provide broadband service--
(I) except as provided in subclause
(II)--
(aa) at a speed of not less
than 100 megabits per second
for downloads and 100 megabits
per second for uploads;
(bb) with a latency that is
sufficiently low to allow
reasonably foreseeable, real-
time, interactive applications;
and
(cc) with network outages
that do not exceed, on average,
48 hours over any 365-day
period; or
(II) at a speed of not less than
100 megabits per second for downloads
and 25 megabits per second for uploads,
if the eligible entity that awarded the
subgrant has received an exemption from
the Assistant Secretary under
subsection (f)(5);
(ii) provide access to broadband service to
each customer that desires broadband service in
the area to which the subgrant applies; and
(iii) to an eligible area, offer not less
than 1 affordable broadband service plan for
customers;
(B) deploy the broadband network and begin
providing broadband service to each customer that
desires broadband service--
(i) except as provided in clause (ii), not
later than 3 years after the date on which the
entity receives the subgrant; or
(ii) in the case of--
(I) a subgrant awarded by an
eligible Tribal entity, if exigencies
require additional time, by a date
specified by the eligible Tribal entity
that--
(aa) is later than the date
required under clause (i); and
(bb) may not be later than
5 years after the date on which
the entity receives the
subgrant; or
(II) a subgrant awarded by an
eligible entity other than an eligible
Tribal entity, if a delay in receiving
a Federal, State, or local permit, or a
delay due to supply chain constraints,
that is outside the control of the
subgrantee makes compliance with the
deadline under clause (i) impossible,
by a date specified by the eligible
entity that--
(aa) is later than the date
required under clause (i); and
(bb) may not be later than
4 years after the date on which
the entity receives the
subgrant;
(C) if laying middle-mile fiber or conduit
underground or along a roadway, include interspersed
access points at regular intervals;
(D) once the network has been deployed, provide
public notice, online and through other means, of that
fact to the area in which broadband service has been
provided and share the public notice with the eligible
entity that awarded the subgrant; and
(E) if the entity is no longer able to provide
broadband service to the area covered by the subgrant
at any time, sell the network capacity at a reasonable,
wholesale rate on a nondiscriminatory basis to other
broadband service providers or public sector entities.
(5) Return of funds.--An entity that receives a subgrant
from an eligible entity under subsection (g)(1)(A) and fails to
comply with any requirement under this subsection shall return
up to the entire amount of the subgrant to the eligible entity,
at the discretion of the eligible entity.
(6) Reasonable permitting fees.--If an entity that receives
a subgrant under subsection (g)(1)(A) requires access to a
right-of-way, including for a pole attachment, from the Federal
Government or a State or local government in order to deploy
the broadband network, the Federal Government or State or local
government may only charge the entity a reasonable fee in an
amount that is consistent with the amount of the fee that the
Federal Government or State or local government charges for
utility permits.
(7) Additional requirements imposed by eligible entity.--
Nothing in this subsection shall be construed to prohibit an
eligible entity from imposing additional requirements relating
to the use of a subgrant awarded under subsection (g)(1)(A) if
the requirements do not conflict with this subsection,
including by--
(A) increasing the minimum speed of broadband
service that must be provided; or
(B) imposing penalties on noncompliant subgrantees
in addition to the penalty under paragraph (5).
(8) Bankruptcy contingency.--An eligible entity that awards
a subgrant to an entity under subsection (g)(1)(A) for the
deployment of a broadband network shall enter into an agreement
with the subgrantee that requires the subgrantee, in the case
of bankruptcy, to commit to repay the full amount of the
subgrant before fulfilling any other financial obligations,
except for salaries, compensation, and severance payments for
non-executive positions.
(9) Standards.--An eligible entity may not award a subgrant
to an entity under subsection (g)(1)(A) for the deployment of a
broadband network unless the eligible entity has confirmed that
the subgrantee has the financial, operational, and technical
capacity to meet the buildout obligations of the project.
(j) Reporting.--
(1) Eligible entities.--
(A) Initial report.--Not later than 180 days after
receiving grant funds under this section, for the sole
purposes of providing transparency and providing
information to inform future Federal broadband
planning, an eligible entity shall submit to the
Assistant Secretary a report describing--
(i) the planned use of funds;
(ii) the process of subgranting; and
(iii) the establishment of appropriate
mechanisms by the eligible entity to ensure
compliance with the eligible uses prescribed
under subsection (g).
(B) Semiannual report.--Not later than 1 year after
receiving grant funds under this section, and
semiannually thereafter until the funds have been
expended, an eligible entity shall submit to the
Assistant Secretary a report, with respect to the 6-
month period immediately preceding the report date,
that--
(i) describes how the eligible entity
expended the funds; and
(ii) certifies that the eligible entity
complied with the requirements of this section
and with any additional reporting requirements
prescribed by the Assistant Secretary,
including--
(I) a description of each service
provided with the grant funds; and
(II) the number of locations at
which broadband service was provided
using the grant funds.
(C) Final report.--Not later than 1 year after an
eligible entity has expended all grant funds received
under this section, the eligible entity shall submit to
the Assistant Secretary a report that--
(i) describes how the eligible entity
expended the funds;
(ii) includes each report that the eligible
entity received from a subgrantee under
paragraph (2); and
(iii) certifies that the eligible entity
complied with the requirements of this section
and with any additional reporting requirements
prescribed by the Assistant Secretary,
including--
(I) a description of each service
provided with the grant funds; and
(II) the number of locations at
which, and residents for whom,
broadband service was provided using
the grant funds.
(D) Provision to fcc and usda.--Subject to the sole
purposes described in subparagraph (A)(i), and subject
to subsection (l), the Assistant Secretary shall enter
into a memorandum of understanding with the Commission
and the Department of Agriculture under which the
Assistant Secretary provides the final reports received
under subparagraph (C) to the Commission and the
Department of Agriculture to be used when determining
whether to award funds for the deployment of broadband
under any program administered by those agencies.
(2) Subgrantees.--
(A) Semiannual report.--The recipient of a subgrant
from an eligible entity under this section shall submit
to the eligible entity a semiannual report for the
duration of the subgrant to track the effectiveness of
the use of funds provided.
(B) Contents.--Each report submitted under
subparagraph (A) shall--
(i) describe each type of project carried
out using the subgrant and the duration of the
subgrant;
(ii) in the case of a broadband
infrastructure project--
(I) include a list of addresses or
locations that constitute the service
area that will be served by the
broadband infrastructure to be
constructed;
(II) identify whether each address
or location described in subclause (I)
is residential, commercial, or a
community anchor institution;
(III) describe the types of
facilities that have been constructed
and installed;
(IV) describe the peak and off-peak
actual speeds of the broadband service
being offered;
(V) describe the maximum advertised
speed of the broadband service being
offered;
(VI) describe the non-promotional
prices, including any associated fees,
charged for different tiers of
broadband service being offered;
(VII) include any other data that
would be required to comply with the
data and mapping collection standards
of the Commission under section 1.7004
of title 47, Code of Federal
Regulations, or any successor
regulation, for broadband
infrastructure projects; and
(VIII) comply with any other
reasonable reporting requirements
determined by the eligible entity; and
(iii) certify that the information in the
report is accurate.
(3) Standardization and coordination.--The Assistant
Secretary and the Commission shall collaborate to--
(A) standardize and coordinate reporting of
locations at which broadband service was provided using
grant funds received under this section in accordance
with title VIII of the Communications Act of 1934 (47
U.S.C. 641 et seq.); and
(B) provide a standardized methodology to
recipients of grants and subgrantees under this section
for reporting the information described in subparagraph
(A).
(k) Technical Assistance to Eligible Entities.--Upon request by an
eligible entity, the Assistant Secretary shall provide technical
assistance to support identification of eligible areas, submission of
the initial proposal or final proposal, competitive awarding of
subgrants, and oversight of subgrants under this section to ensure the
efficient and effective use of funds.
(l) Relation to Other Public Funding.--Notwithstanding any other
provision of law--
(1) an entity that has received amounts from the Federal
Government or a State or local government for the purpose of
expanding access to broadband service may receive a subgrant
under subsection (g) in accordance with this section; and
(2) the receipt of a subgrant under subsection (g) by an
entity described in paragraph (1) of this subsection shall not
affect the eligibility of the entity to receive the amounts
from the Federal Government or a State or local government
described in that paragraph.
(m) Supplement Not Supplant.--Grant funds awarded to an eligible
entity under this section shall be used to supplement, and not
supplant, the amounts that the eligible entity would otherwise make
available for the purposes for which the grant funds may be used.
(n) Sense of Congress Regarding Federal Agency Coordination.--It is
the sense of Congress that Federal agencies responsible for supporting
broadband deployment, including the Commission, the Department of
Commerce, and the Department of Agriculture, to the extent possible,
should align the goals, application and reporting processes, and
project requirements with respect to broadband deployment supported by
those agencies.
SEC. 4. PREEMPTION OF STATE AND LOCAL RESTRICTIONS ON MUNICIPAL
BROADBAND.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 14. PREEMPTION OF STATE AND LOCAL RESTRICTIONS ON MUNICIPAL
BROADBAND.
``(a) Definitions.--In this section--
``(1) the term `advanced telecommunications capability' has
the meaning given the term in section 706(d) of the
Telecommunications Act of 1996 (47 U.S.C. 1302(d));
``(2) the term `advanced telecommunications capability or
services' means--
``(A) advanced telecommunications capability; or
``(B) services using advanced telecommunications
capability;
``(3) the term `Indian Tribe' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304); and
``(4) the term `public provider' means--
``(A) a State or political subdivision thereof;
``(B) any agency, authority, or instrumentality of
a State or political subdivision thereof, including an
intergovernmental agency, authority, or
instrumentality;
``(C) an Indian Tribe; or
``(D) any entity that is owned by, controlled by,
or otherwise affiliated with--
``(i) a State or political subdivision
thereof;
``(ii) an agency, authority, or
instrumentality of a State or political
subdivision thereof, including an
intergovernmental agency, authority, or
instrumentality; or
``(iii) an Indian Tribe.
``(b) Preemption.--No statute, regulation, or other legal
requirement of a State or political subdivision thereof may prohibit,
or have the effect of prohibiting or substantially inhibiting, any
public provider from--
``(1) providing telecommunications services or advanced
telecommunications capability or services to any person or any
public or private entity; or
``(2) deploying a network and infrastructure used to
provide services, or capability and services, described in
paragraph (1).''.
SEC. 5. REPORT ON FUTURE OF UNIVERSAL SERVICE FUND.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission; and
(2) the term ``universal service goals for broadband''
means the statutorily mandated goals of universal service for
advanced telecommunications capability under section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302).
(b) Evaluation.--Not later than 30 days after the date of enactment
of this Act, the Commission shall commence a proceeding to evaluate the
implications of this Act and the amendments made by this Act on how the
Commission should achieve the universal service goals for broadband.
(c) Report.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Commission shall submit to Congress
a report on the options of the Commission for improving its
effectiveness in achieving the universal service goals for
broadband in light of this Act and the amendments made by this
Act, and other legislation that addresses those goals.
(2) Recommendations.--In the report submitted under
paragraph (1), the Commission may make recommendations for
Congress on further actions the Commission and Congress could
take to improve the ability of the Commission to achieve the
universal service goals for broadband.
(3) Scope of universal service.--In submitting the report
under paragraph (1), the Commission--
(A) may not in any way reduce the congressional
mandate to achieve the universal service goals for
broadband; and
(B) may provide recommendations for Congress to
expand the universal service goals for broadband, if
the Commission believes such an expansion is in the
public interest.
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