II 

116TH CONGRESS 

2D SESSION S. 4587 

To amend the Communications Act of 1934 to establish a program to expand 

access to broadband in unserved and underserved areas, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2020 

Mr. GRAHAM (for himself and Mr. SCOTT of South Carolina) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To amend the Communications Act of 1934 to establish 

a program to expand access to broadband in unserved 

and underserved areas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Funding for 

5 Internet Expansion Act of 2020’’ or the ‘‘State Fix Act 

6 of 2020’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4587 IS

1 SEC. 2. EXPANSION OF BROADBAND ACCESS. 

2 Title I of the Communications Act of 1934 (47 

3 U.S.C. 151 et seq.) is amended by adding at the end the 

4 following: 

5 ‘‘SEC. 14. EXPANSION OF BROADBAND ACCESS. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) ANCHOR INSTITUTION.—The term ‘anchor 

8 institution’ means— 

9 ‘‘(A) a public or private elementary school 

10 or secondary school, as those terms are defined 

11 in section 8101 of the Elementary and Sec12 ondary Education Act of 1965 (20 U.S.C. 

13 7801); 

14 ‘‘(B) a library; 

15 ‘‘(C) a medical or healthcare provider; 

16 ‘‘(D) a museum; 

17 ‘‘(E) a public safety entity; 

18 ‘‘(F) public housing; 

19 ‘‘(G) an institution of higher education, as 

20 that term is defined in section 101 of the High21 er Education Act of 1965 (20 U.S.C. 1001), in22 cluding a community college; or 

23 ‘‘(H) any other community support organi24 zation or agency. 

25 ‘‘(2) AREA.—The term ‘area’ means the geo26 graphic unit of measurement with the greatest level 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4587 IS

1 of granularity that is reasonably feasible for the 

2 Commission to use in making eligibility determina3 tions under this section and in meeting the require4 ments and deadlines under this section. 

5 ‘‘(3) ASSISTANT SECRETARY.—The term ‘As6 sistant Secretary’ means the Assistant Secretary of 

7 Commerce for Communications and Information. 

8 ‘‘(4) BROADBAND.—The term ‘broadband’— 

9 ‘‘(A) has the meaning given the term 

10 ‘broadband internet access service’ in section 

11 8.1(b) of title 47, Code of Federal Regulations, 

12 or any successor regulation; 

13 ‘‘(B) includes any service that is the func14 tional equivalent of the service described in sub15 paragraph (A); and 

16 ‘‘(C) does not include dial-up internet ac17 cess service. 

18 ‘‘(5) COVERED ENTITY.—The term ‘covered en19 tity’— 

20 ‘‘(A) means an entity that— 

21 ‘‘(i) is owned by, controlled by, affili22 ated with, or acting at the direction of an 

23 entity that is organized under the laws of, 

24 or otherwise subject to the jurisdiction of, 

25 a country, the government of which is on 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4587 IS

1 the priority watch list established by the 

2 United States Trade Representative pursu3 ant to section 182(a) of the Trade Act of 

4 1974 (19 U.S.C. 2242(a)); and 

5 ‘‘(ii) has engaged in an action that is 

6 prohibited under— 

7 ‘‘(I) section 1(a) of Executive 

8 Order 13873 (84 Fed. Reg. 22689; 

9 relating to securing the information 

10 and communications technology and 

11 services supply chain); or 

12 ‘‘(II) any regulations issued in 

13 response to the Executive Order de14 scribed in subclause (I); and 

15 ‘‘(B) includes any subsidiary, affiliate, em16 ployee, or representative of, and any related 

17 party with respect to, an entity described in 

18 subparagraph (A), without regard to the loca19 tion or jurisdiction of incorporation of that sub20 sidiary, affiliate, employee, representative, or 

21 party, as applicable. 

22 ‘‘(6) FUNDING RECIPIENT.—The term ‘funding 

23 recipient’ means an entity that receives funding for 

24 a project under this section. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4587 IS

1 ‘‘(7) PROGRAM.—Unless otherwise expressly in2 dicated, the term ‘program’ means the program es3 tablished under subsection (b). 

4 ‘‘(8) PROJECT.—The term ‘project’ means a 

5 project that uses funding made available under this 

6 section to construct and deploy infrastructure for 

7 the provision of broadband. 

8 ‘‘(9) PUBLIC HOUSING.—The term ‘public hous9 ing’— 

10 ‘‘(A) has the meaning given the term in 

11 section 3(b) of the United States Housing Act 

12 of 1937 (42 U.S.C. 1437a(b)); and 

13 ‘‘(B) includes housing receiving tenant14 based rental assistance provided under section 

15 8(o) of the United States Housing Act of 1937 

16 (42 U.S.C. 1437f(o)). 

17 ‘‘(10) REVERSE AUCTION.—The term ‘reverse 

18 auction’ means an auction in which— 

19 ‘‘(A) bids are submitted for a project by 

20 the entities that would construct or deploy in21 frastructure for the provision of broadband 

22 under the project; and 

23 ‘‘(B) the winning bid is the bid that pro24 poses serving an area for the lowest cost, taking 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4587 IS

1 into consideration the preferences under sub2 section (d)(2). 

3 ‘‘(11) UNDERSERVED AREA.—The term ‘under4 served area’ means an area in which more than 10 

5 percent, but not more than 50 percent, of the popu6 lation of the area has access to broadband— 

7 ‘‘(A) with a download speed of at least 25 

8 megabits per second and not more than 50 

9 megabits per second; and 

10 ‘‘(B) with an upload speed of at least 3 

11 megabits per second. 

12 ‘‘(12) UNSERVED ANCHOR INSTITUTION.—The 

13 term ‘unserved anchor institution’ means an anchor 

14 institution that does not have access to broadband 

15 offered— 

16 ‘‘(A) with a download speed of at least 100 

17 megabits per second; and 

18 ‘‘(B) with an upload speed of at least 10 

19 megabits per second. 

20 ‘‘(13) UNSERVED AREA.—The term ‘unserved 

21 area’ means an area in which not more than 10 per22 cent of the population of the area has access to 

23 broadband— 

24 ‘‘(A) with a download speed of at least 25 

25 megabits per second; and 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4587 IS

1 ‘‘(B) with an upload speed of at least 3 

2 megabits per second. 

3 ‘‘(b) PROGRAM ESTABLISHED.—Not later than 270 

4 days after the date of enactment of this section, the Com5 mission, in consultation with the Assistant Secretary, shall 

6 establish a program— 

7 ‘‘(1) to expand access to broadband in unserved 

8 areas and underserved areas, and for unserved an9 chor institutions, in accordance with the require10 ments of this section; and 

11 ‘‘(2) that— 

12 ‘‘(A) is separate from any universal service 

13 program established under section 254; and 

14 ‘‘(B) does not require a funding recipient 

15 to be designated as an eligible telecommuni16 cations carrier under section 214(e). 

17 ‘‘(c) USE OF PROGRAM FUNDS.— 

18 ‘‘(1) PUBLIC NOTICE.— 

19 ‘‘(A) IN GENERAL.—Not later than 270 

20 days after the date of enactment of this section, 

21 the Commission shall publish in the Federal 

22 Register a notice informing each State and the 

23 public that amounts made available to carry out 

24 this section shall be distributed under this sub25 section. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4587 IS

1 ‘‘(B) CONTENTS.—The notice published 

2 under subparagraph (A) shall include— 

3 ‘‘(i) the manner in which a State shall 

4 inform the Commission of the acceptance 

5 by that State, in whole or in part, of the 

6 amounts to be distributed to the State 

7 under this subsection; 

8 ‘‘(ii) a notification that the acceptance 

9 described in clause (i) shall be due on the 

10 date that is 45 days after the date on 

11 which the Commission issues the public no12 tice; and 

13 ‘‘(iii) the requirements with respect to 

14 the use of the distributed amounts under 

15 this section and under any further require16 ments that the Commission may prescribe. 

17 ‘‘(2) ACCEPTANCE BY STATES.—Not later than 

18 45 days after the date on which the Commission 

19 publishes the notice required under paragraph (1), 

20 each State accepting amounts to be distributed 

21 under this subsection shall inform the Commission 

22 of the acceptance, in whole or in part, by the State 

23 of those amounts in the manner described by the 

24 Commission in the notice. 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 4587 IS

1 ‘‘(3) EXPANDING ACCESS TO BROADBAND

2 THROUGH STATES.— 

3 ‘‘(A) IN GENERAL.—Not later than 1 year 

4 after the date of enactment of this section, the 

5 Commission shall distribute amounts made 

6 available to carry out this section among the 

7 States that have agreed to accept the funds. 

8 ‘‘(B) FORMULAS.—The amount that a 

9 State receives under subparagraph (A) shall be 

10 the sum of— 

11 ‘‘(i) the amount obtained by— 

12 ‘‘(I) dividing the number of indi13 viduals living in unserved areas in the 

14 State by the total number of individ15 uals living in unserved areas in the 

16 United States; and 

17 ‘‘(II) multiplying 80 percent of 

18 the amount made available to carry 

19 out this section by the quotient ob20 tained under subclause (I); and 

21 ‘‘(ii) the amount obtained by— 

22 ‘‘(I) dividing the number of indi23 viduals living in underserved areas in 

24 the State by the total number of indiVerDate Sep 11 2014 18:13 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4587.IS S4587

pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 4587 IS

1 viduals living in underserved areas in 

2 the United States; and 

3 ‘‘(II) multiplying 20 percent of 

4 the amount made available to carry 

5 out this section by the quotient ob6 tained under subclause (I). 

7 ‘‘(4) REQUIREMENTS FOR STATE RECEIPT OF

8 AMOUNTS DISTRIBUTED.—Each State accepting 

9 amounts distributed under this subsection— 

10 ‘‘(A) may allocate those amounts only 

11 through a statewide reverse auction or auctions, 

12 in the manner prescribed by the State, subject 

13 to the requirements of this section (including 

14 the rules promulgated under subsection (g)) 

15 and any further requirements that the Commis16 sion may prescribe; 

17 ‘‘(B) may make an allocation under sub18 paragraph (A) only— 

19 ‘‘(i) to a funding recipient to expand 

20 access to broadband in unserved areas 

21 within the State; 

22 ‘‘(ii) to a funding recipient to expand 

23 access to broadband for unserved anchor 

24 institutions located in the State; or 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 4587 IS

1 ‘‘(iii) if a State does not have, or no 

2 longer has, an unserved area within the 

3 State, to a funding recipient to expand ac4 cess to broadband in underserved areas in 

5 the State; 

6 ‘‘(C) shall— 

7 ‘‘(i) not later than 10 years after the 

8 date of enactment of this section, return to 

9 the Commission any unused portion of 

10 those amounts; and 

11 ‘‘(ii) before accepting those amounts, 

12 submit to the Commission a certification 

13 that the State will comply with clause (i); 

14 and 

15 ‘‘(D) may not use more than 5 percent of 

16 those amounts to administer a reverse auction 

17 that complies with the requirements of this sec18 tion. 

19 ‘‘(5) DISTRIBUTION OF REMAINING FUNDS.—In 

20 the case of any amounts remaining after the 

21 amounts made available to carry out this section are 

22 distributed under this subsection, the Commission 

23 shall transfer those amounts to the general fund of 

24 the Treasury, where those transferred amounts shall 

25 be dedicated for the sole purpose of deficit reduction. 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 4587 IS

1 ‘‘(d) PROGRAM REQUIREMENTS.— 

2 ‘‘(1) TECHNOLOGY NEUTRALITY REQUIRED.—A 

3 State administering a reverse auction to make 

4 awards under subsection (c) may not favor a project 

5 using any particular technology. 

6 ‘‘(2) BIDDING PREFERENCE.—Consistent with 

7 the program, there shall be a preference, as deter8 mined by the entity administering a reverse auction, 

9 for a bidder in the reverse auction that proposes a 

10 project that is described by any of the following: 

11 ‘‘(A) Not less than 20 percent of the funds 

12 provided by the bidder with respect to the 

13 project are matched from private sources. 

14 ‘‘(B) The project would expand access to 

15 broadband on tribal lands, as that term is de16 fined by the Commission. 

17 ‘‘(C) The project would provide broadband 

18 that has— 

19 ‘‘(i) latency of not more than 50 milli20 seconds; and 

21 ‘‘(ii)(I) a download speed that is 

22 greater than 100 megabits per second or 

23 an upload speed of at least 20 megabits 

24 per second; or 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 4587 IS

1 ‘‘(II) a download speed of at least 1 

2 gigabit per second or an upload speed of at 

3 least 100 megabits per second. 

4 ‘‘(D) The project would expand access to 

5 broadband in advance of the time specified in 

6 subsection (g)(1)(D). 

7 ‘‘(E) The project would expand access to 

8 broadband to areas in which the median house9 hold income is below 150 percent of the poverty 

10 threshold, as defined by the Bureau of the Cen11 sus. 

12 ‘‘(F) The project would provide affordable 

13 payment options to subscribers in locations 

14 served. 

15 ‘‘(3) NOTICE, TRANSPARENCY, ACCOUNT16 ABILITY, AND OVERSIGHT REQUIRED.—The program 

17 shall contain sufficient notice, transparency, ac18 countability, and oversight measures to— 

19 ‘‘(A) provide the public with notice regard20 ing the assistance provided under this section; 

21 and 

22 ‘‘(B) deter waste, fraud, and abuse with 

23 respect to program funds. 

24 ‘‘(4) COMPETENCE.—The program shall contain 

25 sufficient processes and requirements, as established 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 4587 IS

1 by each State participating in the program, to en2 sure that each entity participating in a reverse auc3 tion conducted by the State— 

4 ‘‘(A) is capable of carrying out the applica5 ble project in a manner that is competent and 

6 that complies with all applicable Federal, State, 

7 and local laws; 

8 ‘‘(B) has the financial capacity to— 

9 ‘‘(i) meet the buildout obligations of 

10 the applicable project; and 

11 ‘‘(ii) satisfy the requirements of this 

12 section and any other further requirements 

13 that the Commission may prescribe in car14 rying out this section; and 

15 ‘‘(C) has the technical and operational ca16 pacity to provide broadband in the manner con17 templated by any bid placed by the entity dur18 ing the reverse auction, which shall include a 

19 detailed consideration of— 

20 ‘‘(i) the prior performance of the enti21 ty in constructing broadband infrastruc22 ture in rural areas; and 

23 ‘‘(ii) the capability of the proposed in24 frastructure to be constructed and de25 ployed by the entity to provide the proVerDate Sep 11 2014 18:13 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4587.IS S4587

pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 4587 IS

1 posed broadband services in the area that 

2 the infrastructure would serve. 

3 ‘‘(e) PROJECT REQUIREMENTS.—Any project funded 

4 through the program shall satisfy the following require5 ments: 

6 ‘‘(1) The project shall adhere to quality-of-serv7 ice standards established by the Commission. 

8 ‘‘(2) The project— 

9 ‘‘(A) shall offer broadband that, at a min10 imum, provides— 

11 ‘‘(i) a download speed of at least the 

12 greater of— 

13 ‘‘(I) 50 megabits per second; or 

14 ‘‘(II) the download speed re15 quired for an internet service to qual16 ify as an advanced telecommuni17 cations capability, as defined in sec18 tion 706(d) of the Telecommuni19 cations Act of 1996 (47 U.S.C. 

20 1302(d)); 

21 ‘‘(ii) an upload speed of at least the 

22 greater of— 

23 ‘‘(I) 10 megabits per second; or 

24 ‘‘(II) the upload speed required 

25 for an internet service to qualify as an 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 4587 IS

1 advanced telecommunications capa2 bility, as defined in section 706(d) of 

3 the Telecommunications Act of 1996 

4 (47 U.S.C. 1302(d)); and 

5 ‘‘(iii) a latency of not more than 100 

6 milliseconds; and 

7 ‘‘(B) may offer broadband that, at a min8 imum, provides a download speed of at least 25 

9 megabits per second, an upload speed of at 

10 least 3 megabits per second, and latency of not 

11 more than 100 milliseconds, if the project is 

12 also in compliance with subparagraph (A). 

13 ‘‘(3) The project shall incorporate prudent cy14 bersecurity and supply chain risk management prac15 tices, as specified by the Commission in the rules 

16 promulgated under subsection (g), after consultation 

17 with the Director of the National Institute of Stand18 ards and Technology and the Assistant Secretary. 

19 ‘‘(4)(A) Any laborer or mechanic employed by 

20 any contractor or subcontractor in the performance 

21 of work on the project shall be paid wages at rates 

22 not less than those prevailing on similar construction 

23 in the locality, as determined by the Secretary of 

24 Labor under subchapter IV of chapter 31 of title 40, 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 4587 IS

1 United States Code (commonly referred to as the 

2 ‘Davis-Bacon Act’). 

3 ‘‘(B) With respect to the labor standards speci4 fied in subparagraph (A), the Secretary of Labor 

5 shall have the authority and functions set forth in 

6 Reorganization Plan Numbered 14 of 1950 (64 Stat. 

7 1267; 5 U.S.C. App.) and section 3145 of title 40, 

8 United States Code. 

9 ‘‘(5) The funding recipient may not purchase 

10 any materials, products, or services from a covered 

11 entity. 

12 ‘‘(f) DETERMINATIONS REGARDING UNSERVED AND

13 UNDERSERVED AREAS.— 

14 ‘‘(1) INITIAL DETERMINATION.— 

15 ‘‘(A) IN GENERAL.—Not later than 120 

16 days after the date of enactment of this section, 

17 the Commission shall, for the purposes of any 

18 reverse auction conducted under this section, 

19 make an initial determination as to whether an 

20 area is an unserved area or an underserved 

21 area and whether an anchor institution is an 

22 unserved anchor institution. 

23 ‘‘(B) RESOURCES.—In making a deter24 mination under subparagraph (A), the Commis25 sion shall— 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 4587 IS

1 ‘‘(i) to the extent practicable, use the 

2 National Broadband Availability Map; 

3 ‘‘(ii) to the extent practicable, use 

4 data from the Broadband Serviceable Lo5 cation Fabric established under section 

6 802(b)(1)(B); 

7 ‘‘(iii) consider other data obtained or 

8 purchased by the Commission that relates 

9 to access to broadband; 

10 ‘‘(iv) consider other publicly available 

11 data or information regarding access to 

12 broadband; and 

13 ‘‘(v) consider other publicly available 

14 data or information on State broadband 

15 deployment programs and any additional 

16 information States have on their constitu17 ents’ broadband access. 

18 ‘‘(2) CHALLENGE PROCESS.—The Commission 

19 shall provide for a process— 

20 ‘‘(A) for challenging any initial determina21 tion under paragraph (1); 

22 ‘‘(B) that, at a minimum, provides not less 

23 than 45 days for a person to voluntarily submit 

24 information concerning— 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 4587 IS

1 ‘‘(i) the broadband offered in the ap2 plicable area; or 

3 ‘‘(ii) the broadband offered to an an4 chor institution, if applicable; and 

5 ‘‘(C) that is sufficiently streamlined such 

6 that a reasonably prudent person that submits 

7 verified data, or meets other requirements im8 posed by the Commission, may easily challenge 

9 an initial determination made under paragraph 

10 (1) with little burden on that person. 

11 ‘‘(3) FINAL DETERMINATIONS.—Not later than 

12 225 days after the date of enactment of this section, 

13 and after taking into consideration the challenges 

14 brought under paragraph (2), the Commission shall 

15 make a final determination of the areas that are 

16 unserved areas or underserved areas and which an17 chor institutions are unserved anchor institutions. 

18 ‘‘(g) RULEMAKING, DISTRIBUTION, AND AWARD OF

19 FUNDS.— 

20 ‘‘(1) IN GENERAL.—Not later than 225 days 

21 after the date of enactment of this section, the Com22 mission, in consultation with the Assistant Sec23 retary, shall promulgate rules that accomplish the 

24 following: 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 4587 IS

1 ‘‘(A) Implement the requirements of this 

2 section. 

3 ‘‘(B) Establish the design of, and require4 ments for, a reverse auction conducted by a 

5 State under this section. 

6 ‘‘(C) Establish notice requirements for all 

7 reverse auctions conducted under this section 

8 that, at a minimum, and in accordance with the 

9 determinations made under subsection (f), pro10 vide the public with notice of— 

11 ‘‘(i) the initial determination of which 

12 areas are unserved areas or underserved 

13 areas under paragraph (1) of that sub14 section; 

15 ‘‘(ii) the final determination of which 

16 areas are unserved areas or underserved 

17 areas under paragraph (3) of that sub18 section, after the process for challenging 

19 the initial determination has concluded; 

20 and 

21 ‘‘(iii) with respect to a particular re22 verse auction, which entities have applied 

23 to bid for funding. 

24 ‘‘(D) With respect to a funding recipient 

25 that receives funding under this section for a 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 4587 IS

1 project, provide that, not later than 6 years 

2 after the date on which the funding recipient 

3 receives the funding, the funding recipient shall 

4 provide service to not less than 80 percent of 

5 the areas proposed to be served by the project. 

6 ‘‘(E) Establish broadband buildout mile7 stones and periodic certification by funding re8 cipients to ensure compliance with the 

9 broadband buildout milestones. 

10 ‘‘(F) Establish periodic reporting require11 ments for funding recipients that require those 

12 funding recipients to identify, at a minimum, 

13 with respect to the project to which the funding 

14 relates, the technology used, the level of service 

15 offered, and the percentage of the applicable 

16 area served. 

17 ‘‘(G) Establish mechanisms to reduce 

18 waste, fraud, and abuse within the program 

19 with respect to any reverse auction conducted 

20 under this section. 

21 ‘‘(H) Establish processes to— 

22 ‘‘(i) assist States in conducting state23 wide reverse auctions; 

24 ‘‘(ii) coordinate with States to ensure 

25 that funds disbursed by the Commission 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 4587 IS

1 and program funds awarded by the States 

2 are not used to expand access to 

3 broadband in the same unserved areas; 

4 ‘‘(iii) coordinate with other Federal 

5 programs that expand access to 

6 broadband, such as the program set forth 

7 under subpart D of part 54 of title 47, 

8 Code of Federal Regulations (or any suc9 cessor regulations), the program set forth 

10 under subpart J of part 54 of title 47, 

11 Code of Federal Regulations (or any suc12 cessor regulations), and the broadband 

13 loan and grant pilot program authorized 

14 under section 779 of division A of the Con15 solidated Appropriations Act, 2018 (Public 

16 Law 115–141; 132 Stat. 399), to ensure 

17 the efficient use of program funds; and 

18 ‘‘(iv) ensure that each participating 

19 State conducts a reverse auction in a man20 ner that— 

21 ‘‘(I) achieves the goals of this 

22 section; and 

23 ‘‘(II) does not conflict with the 

24 rules of, or reverse auctions conducted 

25 by, the Commission. 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•S 4587 IS

1 ‘‘(2) SENSE OF CONGRESS.—It is the sense of 

2 Congress that, in conducting the rulemaking under 

3 paragraph (1), the Commission should consider 

4 using milestones for completion under the program 

5 that are similar to those with respect to the program 

6 set forth under subpart J of part 54 of title 47, 

7 Code of Federal Regulations (or any successor regu8 lations). 

9 ‘‘(3) STATE RULEMAKING REQUIREMENTS.—A 

10 State that accepts funding under the program shall 

11 promulgate rules that establish— 

12 ‘‘(A) standard penalties for any funding 

13 recipient or project that does not comply with 

14 this section or with any additional requirements 

15 imposed by the State with respect to a reverse 

16 auction conducted by the State; and 

17 ‘‘(B) procedures for the recovery of funds, 

18 in whole or in part, from a funding recipient if 

19 the funding recipient, or the project carried out 

20 by the funding recipient, fails to comply with 

21 the requirements of this section or with any ad22 ditional requirements imposed by the State with 

23 respect to a reverse auction conducted by the 

24 State. 

25 ‘‘(h) REPORTS REQUIRED.— 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•S 4587 IS

1 ‘‘(1) INSPECTOR GENERAL AND COMPTROLLER

2 GENERAL ANNUAL REPORTS.—Not later than 1 year 

3 after the date on which funds are first awarded 

4 under the program, and annually thereafter through 

5 fiscal year 2029, the Inspector General of the Com6 mission and the Comptroller General of the United 

7 States shall submit to the Committee on Commerce, 

8 Science, and Transportation of the Senate and the 

9 Committee on Energy and Commerce of the House 

10 of Representatives a report that— 

11 ‘‘(A) reviews the program for the year cov12 ered by the report; and 

13 ‘‘(B) includes any recommendations to ad14 dress waste, fraud, and abuse with respect to 

15 the program. 

16 ‘‘(2) STATE REPORTS.—A State that, in a year, 

17 receives funds under the program shall submit to the 

18 Commission— 

19 ‘‘(A) a report regarding how those funds 

20 were spent during the applicable year; and 

21 ‘‘(B) a certification that the State, for that 

22 year, has complied with the requirements of this 

23 section and with any further requirements pre24 scribed by the Commission in carrying out this 

25 section, including a description of services proVerDate Sep 11 2014 18:13 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S4587.IS S4587

pamtmann on DSKBC07HB2PROD with BILLS
25 

•S 4587 IS

1 vided with those funds and the number of loca2 tions to which broadband service was provided 

3 with those funds. 

4 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Commission 

6 $20,000,000,000 for fiscal year 2020 to carry out the pro7 gram, which shall remain available through fiscal year 

8 2029.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS