II 

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. 

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 ‘‘Broadband Reform 

5 and Investment to Drive Growth in the Economy Act of 

6 2021’’ or the ‘‘BRIDGE Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Access to affordable, reliable, and high2 speed broadband is essential to full participation in 

3 modern life in the United States. 

4 (2) The persistent ‘‘digital divide’’ in the 

5 United States is a barrier to the economic competi6 tiveness of the United States and equitable distribu7 tion of essential public services, including health care 

8 and education. 

9 (3) The digital divide disproportionately affects 

10 communities of color, lower-income areas, and rural 

11 areas. 

12 (4) In many communities across the country, 

13 increased competition among broadband providers 

14 has the potential to offer consumers more afford15 able, high-quality options for broadband service. 

16 (5) The 2019 novel coronavirus pandemic has 

17 underscored the critical importance of affordable, 

18 high-speed broadband for individuals, families, and 

19 communities to be able to work, learn, and connect 

20 remotely while supporting social distancing. 

21 SEC. 3. GRANTS FOR BROADBAND DEPLOYMENT. 

22 (a) DEFINITIONS.— 

23 (1) AREAS LACKING BROADBAND ACCESS.—In 

24 this section— 


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1 (A) the term ‘‘unserved area’’ means an 

2 area that lacks access to broadband service with 

3 a speed greater than— 

4 (i) 25 megabits per second for 

5 downloads; and 

6 (ii) 3 megabits per second for uploads; 

7 (B) the term ‘‘underserved area’’ means an 

8 area that— 

9 (i) is not an unserved area; and 

10 (ii) lacks access to broadband service 

11 with a speed of not less than— 

12 (I) 100 megabits per second for 

13 downloads; and 

14 (II) 25 megabits per second for 

15 uploads; 

16 (C) the term ‘‘other qualifying area’’ 

17 means an area that— 

18 (i) is not an unserved area or under19 served area; and 

20 (ii) lacks access to gigabit-level 

21 broadband service; and 

22 (D) the term ‘‘eligible area’’ means an 

23 unserved area, underserved area, or other quali24 fying area. 

25 (2) OTHER DEFINITIONS.—In this section— 


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1 (A) the term ‘‘affordable broadband service 

2 plan’’ means a plan under which broadband 

3 service is provided at a rate that is determined 

4 by the Commission, in coordination with the As5 sistant Secretary, to be affordable for a 4-per6 son household that— 

7 (i) includes 2 dependents under the 

8 age of 18; and 

9 (ii) has an income of 136 percent of 

10 the poverty line applicable to a family of 

11 the size involved (as determined under sec12 tion 673(2) of the Community Services 

13 Block Grant Act (42 U.S.C. 9902(2))); 

14 (B) the term ‘‘Assistant Secretary’’ means 

15 the Assistant Secretary of Commerce for Com16 munications and Information; 

17 (C) the term ‘‘broadband’’ or ‘‘broadband 

18 service’’ has the meaning given the term 

19 ‘‘broadband internet access service’’ in section 

20 8.1(b) of title 47, Code of Federal Regulations, 

21 or any successor regulation; 

22 (D) the term ‘‘Commission’’ means the 

23 Federal Communications Commission; 

24 (E) the term ‘‘community anchor institu25 tion’’ means an entity such as a school, library, 


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1 health clinic, hospital or other medical provider, 

2 public safety entity, institution of higher edu3 cation, public housing organization, or commu4 nity support organization that facilitates great5 er use of broadband service by vulnerable popu6 lations, including low-income individuals, unem7 ployed individuals, and aged individuals; 

8 (F) the term ‘‘digital equity’’ means the 

9 condition in which all individuals and commu10 nities have the information technology capacity 

11 needed for full participation in the society and 

12 economy of the United States; 

13 (G) the term ‘‘digital inclusion’’— 

14 (i) means the activities that are nec15 essary to ensure that all individuals in the 

16 United States have access to, and the use 

17 of, affordable information and communica18 tions technologies, such as reliable fixed 

19 and wireless broadband service, internet20 enabled devices that meet the needs of the 

21 user, applications and online content de22 signed to enable and encourage self-suffi23 ciency, participation, and collaboration; 

24 and 


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1 (ii) includes obtaining access to digital 

2 literacy training, the provision of quality 

3 technical support, and obtaining basic 

4 awareness of measures to ensure online 

5 privacy and cybersecurity; 

6 (H) the term ‘‘digital literacy’’ means the 

7 skills associated with using technology to enable 

8 users to find, evaluate, organize, create, and 

9 communicate information; 

10 (I) the term ‘‘eligible community anchor 

11 institution’’ means a community anchor institu12 tion that lacks access to gigabit-level broadband 

13 service; 

14 (J) the term ‘‘eligible entity’’ means a 

15 State, a territory, the District of Columbia, or 

16 an eligible Tribal entity; 

17 (K) the term ‘‘eligible Tribal entity’’ 

18 means— 

19 (i) a Tribal government; 

20 (ii) a Tribal College or University (as 

21 defined in section 316(b) of the Higher 

22 Education Act of 1965 (20 U.S.C. 

23 1059c(b))); 

24 (iii) the Department of Hawaiian 

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1 waiian Community, including Native Ha2 waiian Education Programs; 

3 (iv) a Tribal organization; or 

4 (v) a Native Corporation; 

5 (L) the term ‘‘Fund’’ means the 

6 Broadband Access Fund established under sub7 section (b); 

8 (M) the term ‘‘gigabit-level broadband 

9 service’’ means broadband service with a speed 

10 of not less than— 

11 (i) 1 gigabit per second for downloads; 

12 and 

13 (ii) 1 gigabit per second for uploads; 

14 (N) the term ‘‘high-cost area’’ means an 

15 unserved area in which the Assistant Secretary 

16 determines that the cost of deploying broadband 

17 service is higher than the average cost of de18 ploying broadband service in the United States 

19 because of— 

20 (i) the remote location of the area; 

21 (ii) the population density of the area; 

22 (iii) the unique topography of the 

23 area; 

24 (iv) a high rate of poverty in the area; 

25 or 


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1 (v) any other factor that contributes 

2 to the cost of deploying broadband service; 

3 (O) the term ‘‘Native Corporation’’ has the 

4 meaning given the term in section 3 of the 

5 Alaska Native Claims Settlement Act (43 

6 U.S.C. 1602); 

7 (P) the term ‘‘Native Hawaiian’’ has the 

8 meaning given the term in section 801 of the 

9 Native American Housing Assistance and Self10 Determination Act of 1996 (25 U.S.C. 4221); 

11 (Q) the term ‘‘State’’ means any of the 50 

12 States; 

13 (R) the term ‘‘subgrantee’’ means an enti14 ty that receives grant funds from an eligible en15 tity to carry out activities under subsection (g); 

16 (S) the term ‘‘territory’’ means the Com17 monwealth of Puerto Rico, the United States 

18 Virgin Islands, Guam, American Samoa, the 

19 Commonwealth of the Northern Mariana Is20 lands, the Republic of the Marshall Islands, the 

21 Federated States of Micronesia, and the Repub22 lic of Palau; and 

23 (T) the term ‘‘Tribal government’’ means 

24 the governing body of any Indian or Alaska Na25 tive Tribe, band, nation, pueblo, village, comVerDate Sep 11 2014 01:45 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2071.IS S2071

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1 munity, component band, or component reserva2 tion, individually recognized (including par3 enthetically) in the list published most recently 

4 as of the date of enactment of this Act pursu5 ant to section 4104 of the Federally Recognized 

6 Indian Tribe List Act of 1994 (25 U.S.C. 

7 5131). 

8 (b) BROADBAND ACCESS FUND.— 

9 (1) ESTABLISHMENT.—There is established in 

10 the Treasury of the United States a fund to be 

11 known as the ‘‘Broadband Access Fund’’. 

12 (2) DIRECT APPROPRIATION TO FUND.—There 

13 is appropriated to the Fund, out of amounts in the 

14 Treasury not otherwise appropriated, for the fiscal 

15 year ending September 30, 2021, $40,000,000,000, 

16 to remain available until expended. 

17 (3) AVAILABILITY OF FUND.—Amounts in the 

18 Fund shall be available to the Assistant Secretary to 

19 make grants to eligible entities to— 

20 (A) deploy broadband; and 

21 (B) fund efforts that bridge the digital di22 vide, increase the adoption of broadband, and 

23 facilitate affordable access to broadband. 

24 (c) GRANTS.—From the amounts appropriated under 

25 subsection (b), the Assistant Secretary shall award a grant 


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1 to each eligible entity that submits an initial proposal or 

2 final proposal that the Assistant Secretary approves. 

3 (d) ALLOCATION.— 

4 (1) MINIMUM AMOUNTS.—Of the amounts ap5 propriated under subsection (b)— 

6 (A) $100,000,000 shall be made available 

7 to each State; 

8 (B) $75,000,000 shall be made available to 

9 each of the Commonwealth of Puerto Rico and 

10 the District of Columbia; 

11 (C) $100,000,000 shall be made available 

12 to, and divided equally among, the United 

13 States Virgin Islands, Guam, American Samoa, 

14 the Commonwealth of the Northern Mariana Is15 lands, the Republic of the Marshall Islands, the 

16 Federated States of Micronesia, and the Repub17 lic of Palau; and 

18 (D) not less than 5 percent shall be made 

19 available to eligible Tribal entities— 

20 (i) on an equitable basis; and 

21 (ii) of which not less than 3 percent 

22 shall be made available for the benefit of 

23 Native Hawaiians. 

24 (2) REMAINING AMOUNTS.— 


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1 (A) IN GENERAL.—Amounts remaining 

2 after the allocations under paragraph (1) shall 

3 be allocated to States based on population in 

4 accordance with subparagraph (B) of this para5 graph. 

6 (B) ALLOCATIONS.—Of the amounts allo7 cated under subparagraph (A)— 

8 (i) 50 percent shall be allocated 

9 among the States based on the proportion 

10 that the population of each State bears to 

11 the population of all States; 

12 (ii) 25 percent shall be allocated 

13 among the States based on the proportion 

14 that the number of individuals living in 

15 rural areas in each State, as determined by 

16 the Bureau of the Census, bears to the 

17 number of individuals living in rural area 

18 in all States, as determined by the Bureau 

19 of the Census; and 

20 (iii) 25 percent shall be allocated 

21 among the States based on the proportion 

22 that the number of individuals with a 

23 household income that is below 150 per24 cent of the poverty line applicable to a 

25 family of the size involved (as determined 


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1 under section 673(2) of the Community 

2 Services Block Grant Act (42 U.S.C. 

3 9902(2)) in each State bears to the num4 ber of such individuals in all States. 

5 (C) POPULATION DETERMINATION.—For 

6 purposes of subparagraph (B), the population 

7 of a State or a category of residents of a State 

8 shall be determined based on the most recent 

9 year for which data are available from the Bu10 reau of the Census. 

11 (3) REALLOCATION.— 

12 (A) FAILURE TO SUBMIT INITIAL PRO13 POSAL.—If an eligible entity does not submit an 

14 initial proposal under subsection (f)(2) for 

15 amounts allocated to the eligible entity under 

16 this subsection by the applicable date under 

17 subparagraph (A) of that subsection, the As18 sistant Secretary shall reallocate the amounts 

19 on a competitive basis to— 

20 (i) in the case of an eligible entity de21 scribed in subparagraph (A), (B), or (C) of 

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1 posal under subsection (f)(2) as of that 

2 date; or 

3 (ii) in the case of an eligible entity de4 scribed in subparagraph (D) of paragraph 

5 (1) of this subsection, other eligible entities 

6 described in that subparagraph that have 

7 submitted an initial proposal under sub8 section (f)(2) as of that date. 

9 (B) FAILURE TO SUBMIT FINAL PRO10 POSAL.—If an eligible entity does not submit a 

11 final proposal under subsection (f)(3) for the 

12 remainder of the amounts allocated to the eligi13 ble entity under this subsection by the applica14 ble date under subparagraph (A) of that sub15 section, the Assistant Secretary shall reallocate 

16 the amounts on a competitive basis to— 

17 (i) in the case of an eligible entity de18 scribed in subparagraph (A), (B), or (C) of 

19 paragraph (1) of this subsection, other eli20 gible entities described in those subpara21 graphs that have submitted a final pro22 posal under subsection (f)(3) as of that 

23 date; or 

24 (ii) in the case of an eligible entity de25 scribed in subparagraph (D) of paragraph 


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1 (1) of this subsection, other eligible entities 

2 described in that subparagraph that have 

3 submitted a final proposal under sub4 section (f)(3) as of that date. 

5 (e) ADMINISTRATIVE EXPENSES.— 

6 (1) ASSISTANT SECRETARY.—The Assistant 

7 Secretary may use not more than 2 percent of 

8 amounts appropriated under subsection (b) for ad9 ministrative purposes, including the provision of 

10 technical assistance to eligible Tribal entities. 

11 (2) ELIGIBLE ENTITIES.—An eligible entity 

12 may use not more than 2 percent of grant funds re13 ceived under this section for expenses relating (di14 rectly or indirectly) to administration of the grant. 

15 (f) IMPLEMENTATION.— 

16 (1) REQUIREMENTS; OUTREACH.—Not later 

17 than 120 days after the date of enactment of this 

18 Act, the Assistant Secretary shall— 

19 (A) issue a notice to each eligible entity 

20 that— 

21 (i) contains the estimated amount 

22 available to the eligible entity under this 

23 section; and 

24 (ii) invites the eligible entity to submit 

25 an initial proposal and final proposal for a 


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1 grant under this section, in accordance 

2 with paragraphs (2) and (3); 

3 (B) develop and make public a standard, 

4 online application form that an eligible entity 

5 may use to submit an initial proposal and final 

6 proposal for the grant amounts made available 

7 to the eligible entity under this section; 

8 (C) outline— 

9 (i) the requirements for initial pro10 posals and final proposals for grants under 

11 this section; and 

12 (ii) the allowed uses of grant funds 

13 awarded under this section, as provided in 

14 subsection (g); and 

15 (D) publish a model— 

16 (i) initial proposal that complies with 

17 paragraph (2)(A), including the certifi18 cation requirements under clause (i)(VI) of 

19 that paragraph; and 

20 (ii) final proposal that complies with 

21 paragraph (3)(A). 

22 (2) INITIAL PROPOSAL.— 

23 (A) SUBMISSION.— 

24 (i) IN GENERAL.—During the 90-day 

25 period beginning on the date on which the 


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1 Assistant Secretary issues the notice under 

2 paragraph (1), an eligible entity that wish3 es to receive a grant under this section 

4 shall submit an initial proposal for a grant, 

5 using the online application form developed 

6 by the Assistant Secretary under subpara7 graph (B) of that paragraph, that— 

8 (I) outlines long-term objectives 

9 for deploying broadband and closing 

10 the digital divide; 

11 (II)(aa) identifies, and outlines 

12 steps to support, local and regional 

13 broadband planning processes or on14 going efforts to deploy broadband or 

15 close the digital divide; and 

16 (bb) describes coordination with 

17 local governments, along with local 

18 and regional broadband planning 

19 processes; 

20 (III) identifies existing efforts 

21 funded by the Federal government or 

22 a State within the jurisdiction of the 

23 eligible entity to deploy broadband 

24 and close the digital divide; 


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1 (IV) includes a plan to competi2 tively award subgrants; 

3 (V) identifies, using data drawn 

4 from sources including the map cre5 ated by the Commission under section 

6 802(c)(1)(A) of the Communications 

7 Act of 1934 (47 U.S.C. 642(c)(1)(A)), 

8 another broadband map of the Com9 mission that is in effect, the National 

10 Broadband Availability Map created 

11 by the Assistant Secretary, or State12 level broadband data— 

13 (aa) each unserved area, un14 derserved area, or other quali15 fying area under the jurisdiction 

16 of the eligible entity; and 

17 (bb) each community anchor 

18 institution under the jurisdiction 

19 of the eligible entity that is an el20 igible community anchor institu21 tion; 

22 (VI) certifies the intent of the eli23 gible entity to comply with all applica24 ble requirements under this section, 


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1 including the reporting requirements 

2 under subsection (j)(1); and 

3 (VII) includes a description of 

4 the challenge process for classification 

5 of eligible areas and institutions re6 quired under subsection (i)(2) that 

7 the eligible entity will use. 

8 (ii) ELIGIBLE TRIBAL ENTITIES.—In 

9 the case of an eligible Tribal entity, clause 

10 (i) shall be applied by substituting ‘‘120- 

11 day period’’ for ‘‘90-day period’’. 

12 (iii) LOCAL COORDINATION.—To the 

13 greatest extent practicable, a State shall 

14 coordinate with units of local government 

15 within the State in submitting an initial 

16 proposal under clause (i). 

17 (B) SINGLE INITIAL PROPOSAL.—An eligi18 ble entity may submit only 1 initial proposal 

19 under this paragraph. 

20 (C) CORRECTIONS TO INITIAL PRO21 POSAL.—The Assistant Secretary may accept 

22 corrections to the initial proposal of an eligible 

23 entity after the initial proposal has been sub24 mitted. 


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1 (D) CONSIDERATION OF INITIAL PRO2 POSAL.—Not later than 90 days after receipt of 

3 an initial proposal for a grant under this para4 graph, the Assistant Secretary shall— 

5 (i) acknowledge receipt; 

6 (ii) evaluate whether the use of funds 

7 proposed in the initial proposal complies 

8 with subsection (g); 

9 (iii) if the initial proposal is com10 plete— 

11 (I) disburse to the eligible entity 

12 20 percent of the grant funds that 

13 were allocated to the eligible entity 

14 under subsection (d); or 

15 (II) at the discretion of the As16 sistant Secretary, disburse to the eli17 gible entity a higher percentage of the 

18 grant funds that were allocated to the 

19 eligible entity under subsection (d); 

20 and 

21 (iv) if the initial proposal is incom22 plete, notify the eligible entity and provide 

23 the eligible entity with 30 days to resubmit 

24 the initial proposal. 


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1 (E) CONSIDERATION OF RESUBMITTED

2 INITIAL PROPOSAL.—Not later than 14 days 

3 after receipt of a resubmitted initial proposal 

4 for a grant under this paragraph, the Secretary 

5 shall— 

6 (i) acknowledge receipt; 

7 (ii) if the initial proposal is com8 plete— 

9 (I) disburse to the eligible entity 

10 20 percent of the grant funds that 

11 were allocated to the eligible entity 

12 under subsection (d); or 

13 (II) at the discretion of the As14 sistant Secretary, disburse to the eli15 gible entity a higher percentage of the 

16 grant funds that were allocated to the 

17 eligible entity under subsection (d); 

18 and 

19 (iii) if the initial proposal is incom20 plete, notify the eligible entity and provide 

21 the eligible entity with 30 days to resubmit 

22 the initial proposal. 

23 (3) FINAL PROPOSAL.— 

24 (A) SUBMISSION.— 


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1 (i) IN GENERAL.—During the 120-day 

2 period beginning on the date on which the 

3 Assistant Secretary disburses grant funds 

4 to an eligible entity under subparagraph 

5 (D) or (E) of paragraph (2), the eligible 

6 entity may submit a final proposal for the 

7 remainder of the grant, using the online 

8 application form developed by the Assist9 ant Secretary under paragraph (1)(B), 

10 that includes— 

11 (I) spending priorities consistent 

12 with the long-term objectives outlined 

13 in paragraph (2)(A)(i)(I); 

14 (II) a preliminary budget; 

15 (III) a detailed plan that speci16 fies how the eligible entity will— 

17 (aa) allocate not less than 

18 50 percent of the total grant 

19 funds allocated to the eligible en20 tity under subsection (d) to the 

21 deployment of broadband net22 works to unserved areas, includ23 ing high-cost areas (if applica24 ble), or to other eligible uses in 

25 areas with above-average poverty, 


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1 as required under subsection 

2 (h)(1); and 

3 (bb) align the grant funds 

4 allocated to the eligible entity 

5 under subsection (d), where prac6 ticable, with the use of other 

7 funds or other assistance that the 

8 eligible entity has received to de9 ploy broadband infrastructure 

10 from the Federal Government, a 

11 State, or a private entity; 

12 (IV) a timeline for implementa13 tion; 

14 (V) processes for oversight and 

15 accountability to ensure the proper 

16 use of the grant funds allocated to the 

17 eligible entity under subsection (d); 

18 (VI) a description of coordination 

19 with local governments, along with 

20 local and regional broadband planning 

21 processes; and 

22 (VII) a description of efforts to 

23 prohibit waste, fraud, and abuse 

24 through— 


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1 (aa) the challenge process 

2 for classification of eligible areas 

3 and institutions required under 

4 subsection (i)(2); and 

5 (bb) coordination with other 

6 Federal and State broadband 

7 programs. 

8 (ii) ELIGIBLE TRIBAL ENTITIES.—In 

9 the case of an eligible Tribal entity, clause 

10 (i) shall be applied by substituting ‘‘150- 

11 day period’’ for ‘‘120-day period’’. 

12 (iii) LOCAL COORDINATION.—To the 

13 greatest extent practicable, a State shall 

14 coordinate with units of local government 

15 within the State in submitting a final pro16 posal under clause (i). 

17 (iv) FEDERAL COORDINATION.—To 

18 ensure efficient and effective use of tax19 payer funds, an eligible entity shall, to the 

20 greatest extent practicable, align the use of 

21 grant funds proposed in the final proposal 

22 under clause (i) with funds available from 

23 other Federal programs that support 

24 broadband deployment and access. 


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1 (B) SINGLE FINAL PROPOSAL.—An eligible 

2 entity may submit only 1 final proposal under 

3 this paragraph. 

4 (C) CORRECTIONS TO FINAL PROPOSAL.— 

5 The Assistant Secretary may accept corrections 

6 to the final proposal of an eligible entity after 

7 the final proposal has been submitted. 

8 (D) CONSIDERATION OF FINAL PRO9 POSAL.—Not later than 90 days after receipt of 

10 a final proposal for a grant under this para11 graph, the Assistant Secretary shall— 

12 (i) acknowledge receipt; 

13 (ii) evaluate whether the use of funds 

14 proposed in the final proposal complies 

15 with subsection (g); 

16 (iii) if the final proposal is complete, 

17 disburse to the eligible entity the remain18 der of the grant funds allocated to the eli19 gible entity under subsection (d); and 

20 (iv) if the final proposal is incomplete, 

21 notify the eligible entity and provide the el22 igible entity with 30 days to resubmit the 

23 final proposal. 

24 (E) CONSIDERATION OF RESUBMITTED

25 FINAL PROPOSAL.—Not later than 14 days 


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1 after receipt of a resubmitted final proposal for 

2 a grant under this paragraph, the Secretary 

3 shall— 

4 (i) acknowledge receipt; 

5 (ii) if the final proposal is complete, 

6 disburse to the eligible entity the remain7 der of the grant funds allocated to the eli8 gible entity under subsection (d); and 

9 (iii) if the final proposal is incomplete, 

10 notify the eligible entity and provide the el11 igible entity with 30 days to resubmit the 

12 final proposal. 

13 (4) EXTENSION.—The Assistant Secretary may 

14 grant an extension of a deadline under paragraph 

15 (2) or (3). 

16 (5) EXEMPTION FROM SERVICE STANDARDS.— 

17 In submitting an initial proposal or final proposal 

18 under paragraph (2) or (3), respectively, an eligible 

19 entity may request an exemption from the service 

20 standards under subsection (i)(4)(A)(i)(I) for the de21 ployment of a broadband network in an area if meet22 ing the standards in that area would be techno23 logically or financially infeasible. 

24 (g) USE OF FUNDS.—An eligible entity may use 

25 grant funds received under this section to— 


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1 (1) competitively award subgrants for— 

2 (A) the deployment of broadband networks 

3 to eligible areas; 

4 (B) connecting eligible community anchor 

5 institutions; 

6 (C) broadband mapping and planning; 

7 (D) distance learning, including partnering 

8 with service providers in existence when the 

9 subgrant is awarded, or purchasing and install10 ing equipment, to extend broadband service 

11 from the campus of a school, library, or other 

12 community anchor institution to unserved 

13 households; 

14 (E) telehealth; 

15 (F) installing internet and Wi-Fi infra16 structure or providing free or reduced-cost 

17 broadband within a multi-family residential 

18 building, with a priority given to a residential 

19 building that— 

20 (i) has a substantial share of unserved 

21 households; or 

22 (ii) is in an area in which the percent23 age of individuals with a household income 

24 that is at or below 136 percent of the pov25 erty line applicable to a family of the size 


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1 involved (as determined under section 

2 673(2) of the Community Services Block 

3 Grant Act (42 U.S.C. 9902(2)) is higher 

4 than the national percentage of such indi5 viduals; 

6 (G) affordable broadband programs, in7 cluding providing free or reduced-cost 

8 broadband service, that— 

9 (i) subject to clause (ii), provide 

10 broadband service at a speed greater 

11 than— 

12 (I) 50 megabits per second for 

13 downloads; and 

14 (II) 10 megabits per second for 

15 uploads; and 

16 (ii) make every reasonable effort to 

17 prioritize broadband service at faster 

18 speeds than the speeds required under 

19 clause (i); 

20 (H) digital inclusion, such as digital lit21 eracy and digital equity programs, including 

22 programs to provide affordable internet-capable 

23 devices; 

24 (I) broadband adoption; 


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1 (J) initiatives to develop a skilled tele2 communications workforce necessary for the de3 ployment of high-speed broadband; or 

4 (K) accelerating the completion of a 

5 project, or enabling a public-private partner6 ship, to deploy a broadband network to an eligi7 ble area that was ongoing as of the date of the 

8 award, if the network meets the requirements 

9 under subsection (i)(4); and 

10 (2) provide technical assistance to local, re11 gional, private, or nonprofit entities to carry out ex12 isting efforts to— 

13 (A) deploy broadband or close the digital 

14 divide; or 

15 (B) implement the subgrants awarded 

16 under paragraph (1). 

17 (h) GENERAL SUBGRANT REQUIREMENTS.— 

18 (1) MINIMUM ALLOCATION FOR UNSERVED

19 AREAS OR AREAS WITH SUBSTANTIAL POVERTY.—An 

20 eligible entity, in awarding subgrants using grant 

21 funds received under this section, shall allocate not 

22 less than 50 percent of the grant funds received by 

23 the eligible entity to— 


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1 (A) the deployment of broadband networks 

2 to unserved areas, including high-cost areas (if 

3 applicable); or 

4 (B) other eligible uses in areas in which 

5 the percentage of individuals with a household 

6 income that is at or below 136 percent of the 

7 poverty line applicable to a family of the size in8 volved (as determined under section 673(2) of 

9 the Community Services Block Grant Act (42 

10 U.S.C. 9902(2)) is higher than the national 

11 percentage of such individuals. 

12 (2) NONPERFORMANCE STIPULATIONS.—An eli13 gible entity shall stipulate, in any contract with a 

14 subgrantee for the use of grant funds received under 

15 this section, reasonable provisions for recovery of 

16 funds for nonperformance. 

17 (i) BROADBAND NETWORK DEPLOYMENT.— 

18 (1) ORDER OF AWARDS; PRIORITY.—An eligible 

19 entity, in awarding subgrants for the deployment of 

20 a broadband network using grant funds received 

21 under this section, as authorized under subsection 

22 (g)(1)(A)— 

23 (A) shall award funding in a manner 

24 that— 


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1 (i) first provides funding for deploy2 ment of broadband infrastructure to 

3 unserved areas; 

4 (ii) after providing funding for deploy5 ment of broadband infrastructure to areas 

6 described in clause (i), provides funding for 

7 deployment of broadband infrastructure to 

8 underserved areas and eligible community 

9 anchor institutions; and 

10 (iii) after providing funding for de11 ployment of broadband infrastructure to 

12 areas and institutions described in clause 

13 (ii), provides funding to other eligible 

14 areas; 

15 (B) may not exclude cooperatives, non16 profit organizations, public-private partner17 ships, private companies, public or private utili18 ties, Tribally owned entities, or local govern19 ments from eligibility for such grant funds; and 

20 (C) shall give priority to an entity that— 

21 (i) will provide not less than 1 tier of 

22 gigabit-level broadband service; 

23 (ii) will, subject to a waiver from the 

24 Assistant Secretary due to unforeseeable, 

25 extenuating circumstances— 


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1 (I) begin construction of the 

2 broadband network not later than 1 

3 year after being awarded the 

4 subgrant; and 

5 (II) deploy the broadband net6 work and begin providing broadband 

7 service to each customer that desires 

8 broadband service by a date that is 

9 earlier than the deadline under para10 graph (4)(B); and 

11 (iii) in the case of a subgrant awarded 

12 by a State or territory, has a letter of en13 dorsement for the project from the local 

14 government for each community that the 

15 project will serve. 

16 (2) CHALLENGE PROCESS FOR CLASSIFICATION

17 OF ELIGIBLE AREAS AND INSTITUTIONS.— 

18 (A) CHALLENGE PROCESS.—After submit19 ting an initial proposal under subsection (f)(2) 

20 and before allocating grant funds received 

21 under this section for the deployment of 

22 broadband networks, an eligible entity shall en23 sure a transparent, evidence-based, and expedi24 tious challenge process under which a unit of 

25 local government, nonprofit organization, or 


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1 other broadband service provider can challenge 

2 a determination made by the eligible entity in 

3 the initial proposal as to whether a particular 

4 area or community anchor institution within the 

5 jurisdiction of the eligible entity is eligible for 

6 the grant funds, including whether a particular 

7 area is an unserved area, underserved area, or 

8 other qualifying area. 

9 (B) FINAL IDENTIFICATION; NOTIFICATION

10 OF FUNDING ELIGIBILITY.—After resolving 

11 each challenge under subparagraph (A), and 

12 not later than 30 days before allocating grant 

13 funds received under this section for the deploy14 ment of broadband networks, an eligible entity 

15 shall provide public notice of the final classifica16 tion of each eligible area and eligible community 

17 anchor institution within the jurisdiction of the 

18 eligible entity. 

19 (C) CONSULTATION WITH NTIA.—An eligi20 ble entity shall notify the Assistant Secretary of 

21 any modification to the initial proposal of the 

22 eligible entity submitted under subsection (f)(2) 

23 that is necessitated by a successful challenge 

24 under subparagraph (A) of this paragraph. 


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1 (3) SUBGRANTEE NON-FEDERAL SHARE OF

2 BROADBAND INFRASTRUCTURE DEPLOYMENT

3 COSTS.— 

4 (A) IN GENERAL.— 

5 (i) MATCHING REQUIREMENT.—In al6 locating grant funds received under this 

7 section for deployment of broadband net8 works, an eligible entity other than an eli9 gible Tribal entity shall require a sub10 grantee to provide a contribution, derived 

11 from non-Federal funds (or funds from a 

12 Federal regional commission or authority), 

13 of not less than 20 percent of project costs. 

14 (ii) WAIVER.—The Assistant Sec15 retary may reduce or waive the required 

16 matching contribution under clause (i). 

17 (B) SOURCE OF MATCH.—A matching con18 tribution under subparagraph (A)— 

19 (i) may be provided by an eligible en20 tity, a unit of local government, a utility 

21 company, a cooperative, a nonprofit orga22 nization, a for-profit company, regional 

23 planning or governmental organization, or 

24 a Federal regional commission or author25 ity; and 


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1 (ii) may include in-kind contributions. 

2 (C) DEFINITION.—For purposes of this 

3 paragraph, the term ‘‘Federal regional commis4 sion or authority’’ means— 

5 (i) the Appalachian Regional Commis6 sion; 

7 (ii) the Delta Regional Authority; and 

8 (iii) the Northern Border Regional 

9 Commission. 

10 (4) DEPLOYMENT AND PROVISION OF SERVICE

11 REQUIREMENTS.—An entity that receives a subgrant 

12 under subsection (g)(1)(A) for the deployment of a 

13 broadband network shall— 

14 (A) in providing broadband service using 

15 the network— 

16 (i) provide broadband service— 

17 (I) except as provided in sub18 clause (II)— 

19 (aa) at a speed of not less 

20 than 100 megabits per second for 

21 downloads and 100 megabits per 

22 second for uploads; 

23 (bb) with a latency that is 

24 sufficiently low to allow reasonVerDate Sep 11 2014 01:45 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2071.IS S2071

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1 ably foreseeable, real-time, inter2 active applications; and 

3 (cc) with network outages 

4 that do not exceed, on average, 

5 48 hours over any 365-day pe6 riod; or 

7 (II) at a speed of not less than 

8 100 megabits per second for 

9 downloads and 25 megabits per sec10 ond for uploads, if the eligible entity 

11 that awarded the subgrant has re12 ceived an exemption from the Assist13 ant Secretary under subsection (f)(5); 

14 (ii) provide access to broadband serv15 ice to each customer that desires 

16 broadband service in the area to which the 

17 subgrant applies; and 

18 (iii) to an eligible area, offer not less 

19 than 1 affordable broadband service plan 

20 for customers; 

21 (B) deploy the broadband network and 

22 begin providing broadband service to each cus23 tomer that desires broadband service— 


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1 (i) except as provided in clause (ii), 

2 not later than 3 years after the date on 

3 which the entity receives the subgrant; or 

4 (ii) in the case of— 

5 (I) a subgrant awarded by an eli6 gible Tribal entity, if exigencies re7 quire additional time, by a date speci8 fied by the eligible Tribal entity 

9 that— 

10 (aa) is later than the date 

11 required under clause (i); and 

12 (bb) may not be later than 5 

13 years after the date on which the 

14 entity receives the subgrant; or 

15 (II) a subgrant awarded by an el16 igible entity other than an eligible 

17 Tribal entity, if a delay in receiving a 

18 Federal, State, or local permit, or a 

19 delay due to supply chain constraints, 

20 that is outside the control of the sub21 grantee makes compliance with the 

22 deadline under clause (i) impossible, 

23 by a date specified by the eligible enti24 ty that— 


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1 (aa) is later than the date 

2 required under clause (i); and 

3 (bb) may not be later than 4 

4 years after the date on which the 

5 entity receives the subgrant; 

6 (C) if laying middle-mile fiber or conduit 

7 underground or along a roadway, include inter8 spersed access points at regular intervals; 

9 (D) once the network has been deployed, 

10 provide public notice, online and through other 

11 means, of that fact to the area in which 

12 broadband service has been provided and share 

13 the public notice with the eligible entity that 

14 awarded the subgrant; and 

15 (E) if the entity is no longer able to pro16 vide broadband service to the area covered by 

17 the subgrant at any time, sell the network ca18 pacity at a reasonable, wholesale rate on a non19 discriminatory basis to other broadband service 

20 providers or public sector entities. 

21 (5) RETURN OF FUNDS.—An entity that re22 ceives a subgrant from an eligible entity under sub23 section (g)(1)(A) and fails to comply with any re24 quirement under this subsection shall return up to 


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1 the entire amount of the subgrant to the eligible en2 tity, at the discretion of the eligible entity. 

3 (6) REASONABLE PERMITTING FEES.—If an en4 tity that receives a subgrant under subsection 

5 (g)(1)(A) requires access to a right-of-way, including 

6 for a pole attachment, from the Federal Government 

7 or a State or local government in order to deploy the 

8 broadband network, the Federal Government or 

9 State or local government may only charge the enti10 ty a reasonable fee in an amount that is consistent 

11 with the amount of the fee that the Federal Govern12 ment or State or local government charges for utility 

13 permits. 

14 (7) ADDITIONAL REQUIREMENTS IMPOSED BY

15 ELIGIBLE ENTITY.—Nothing in this subsection shall 

16 be construed to prohibit an eligible entity from im17 posing additional requirements relating to the use of 

18 a subgrant awarded under subsection (g)(1)(A) if 

19 the requirements do not conflict with this subsection, 

20 including by— 

21 (A) increasing the minimum speed of 

22 broadband service that must be provided; or 

23 (B) imposing penalties on noncompliant 

24 subgrantees in addition to the penalty under 

25 paragraph (5). 


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1 (8) BANKRUPTCY CONTINGENCY.—An eligible 

2 entity that awards a subgrant to an entity under 

3 subsection (g)(1)(A) for the deployment of a 

4 broadband network shall enter into an agreement 

5 with the subgrantee that requires the subgrantee, in 

6 the case of bankruptcy, to commit to repay the full 

7 amount of the subgrant before fulfilling any other fi8 nancial obligations, except for salaries, compensa9 tion, and severance payments for non-executive posi10 tions. 

11 (9) STANDARDS.—An eligible entity may not 

12 award a subgrant to an entity under subsection 

13 (g)(1)(A) for the deployment of a broadband net14 work unless the eligible entity has confirmed that 

15 the subgrantee has the financial, operational, and 

16 technical capacity to meet the buildout obligations of 

17 the project. 

18 (j) REPORTING.— 

19 (1) ELIGIBLE ENTITIES.— 

20 (A) INITIAL REPORT.—Not later than 180 

21 days after receiving grant funds under this sec22 tion, for the sole purposes of providing trans23 parency and providing information to inform fu24 ture Federal broadband planning, an eligible 


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1 entity shall submit to the Assistant Secretary a 

2 report describing— 

3 (i) the planned use of funds; 

4 (ii) the process of subgranting; and 

5 (iii) the establishment of appropriate 

6 mechanisms by the eligible entity to ensure 

7 compliance with the eligible uses prescribed 

8 under subsection (g). 

9 (B) SEMIANNUAL REPORT.—Not later 

10 than 1 year after receiving grant funds under 

11 this section, and semiannually thereafter until 

12 the funds have been expended, an eligible entity 

13 shall submit to the Assistant Secretary a re14 port, with respect to the 6-month period imme15 diately preceding the report date, that— 

16 (i) describes how the eligible entity ex17 pended the funds; and 

18 (ii) certifies that the eligible entity 

19 complied with the requirements of this sec20 tion and with any additional reporting re21 quirements prescribed by the Assistant 

22 Secretary, including— 

23 (I) a description of each service 

24 provided with the grant funds; and 


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1 (II) the number of locations at 

2 which broadband service was provided 

3 using the grant funds. 

4 (C) FINAL REPORT.—Not later than 1 

5 year after an eligible entity has expended all 

6 grant funds received under this section, the eli7 gible entity shall submit to the Assistant Sec8 retary a report that— 

9 (i) describes how the eligible entity ex10 pended the funds; 

11 (ii) includes each report that the eligi12 ble entity received from a subgrantee 

13 under paragraph (2); and 

14 (iii) certifies that the eligible entity 

15 complied with the requirements of this sec16 tion and with any additional reporting re17 quirements prescribed by the Assistant 

18 Secretary, including— 

19 (I) a description of each service 

20 provided with the grant funds; and 

21 (II) the number of locations at 

22 which, and residents for whom, 

23 broadband service was provided using 

24 the grant funds. 


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1 (D) PROVISION TO FCC AND USDA.—Sub2 ject to the sole purposes described in subpara3 graph (A)(i), and subject to subsection (l), the 

4 Assistant Secretary shall enter into a memo5 randum of understanding with the Commission 

6 and the Department of Agriculture under which 

7 the Assistant Secretary provides the final re8 ports received under subparagraph (C) to the 

9 Commission and the Department of Agriculture 

10 to be used when determining whether to award 

11 funds for the deployment of broadband under 

12 any program administered by those agencies. 

13 (2) SUBGRANTEES.— 

14 (A) SEMIANNUAL REPORT.—The recipient 

15 of a subgrant from an eligible entity under this 

16 section shall submit to the eligible entity a 

17 semiannual report for the duration of the 

18 subgrant to track the effectiveness of the use of 

19 funds provided. 

20 (B) CONTENTS.—Each report submitted 

21 under subparagraph (A) shall— 

22 (i) describe each type of project car23 ried out using the subgrant and the dura24 tion of the subgrant; 


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1 (ii) in the case of a broadband infra2 structure project— 

3 (I) include a list of addresses or 

4 locations that constitute the service 

5 area that will be served by the 

6 broadband infrastructure to be con7 structed; 

8 (II) identify whether each ad9 dress or location described in sub10 clause (I) is residential, commercial, 

11 or a community anchor institution; 

12 (III) describe the types of facili13 ties that have been constructed and 

14 installed; 

15 (IV) describe the peak and off16 peak actual speeds of the broadband 

17 service being offered; 

18 (V) describe the maximum adver19 tised speed of the broadband service 

20 being offered; 

21 (VI) describe the non-pro22 motional prices, including any associ23 ated fees, charged for different tiers 

24 of broadband service being offered; 


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1 (VII) include any other data that 

2 would be required to comply with the 

3 data and mapping collection standards 

4 of the Commission under section 

5 1.7004 of title 47, Code of Federal 

6 Regulations, or any successor regula7 tion, for broadband infrastructure 

8 projects; and 

9 (VIII) comply with any other rea10 sonable reporting requirements deter11 mined by the eligible entity; and 

12 (iii) certify that the information in the 

13 report is accurate. 

14 (3) STANDARDIZATION AND COORDINATION.— 

15 The Assistant Secretary and the Commission shall 

16 collaborate to— 

17 (A) standardize and coordinate reporting 

18 of locations at which broadband service was 

19 provided using grant funds received under this 

20 section in accordance with title VIII of the 

21 Communications Act of 1934 (47 U.S.C. 641 et 

22 seq.); and 

23 (B) provide a standardized methodology to 

24 recipients of grants and subgrantees under this 


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1 section for reporting the information described 

2 in subparagraph (A). 

3 (k) TECHNICAL ASSISTANCE TO ELIGIBLE ENTI4 TIES.—Upon request by an eligible entity, the Assistant 

5 Secretary shall provide technical assistance to support 

6 identification of eligible areas, submission of the initial 

7 proposal or final proposal, competitive awarding of sub8 grants, and oversight of subgrants under this section to 

9 ensure the efficient and effective use of funds. 

10 (l) RELATION TO OTHER PUBLIC FUNDING.—Not11 withstanding any other provision of law— 

12 (1) an entity that has received amounts from 

13 the Federal Government or a State or local govern14 ment for the purpose of expanding access to 

15 broadband service may receive a subgrant under 

16 subsection (g) in accordance with this section; and 

17 (2) the receipt of a subgrant under subsection 

18 (g) by an entity described in paragraph (1) of this 

19 subsection shall not affect the eligibility of the entity 

20 to receive the amounts from the Federal Government 

21 or a State or local government described in that 

22 paragraph. 

23 (m) SUPPLEMENT NOT SUPPLANT.—Grant funds 

24 awarded to an eligible entity under this section shall be 

25 used to supplement, and not supplant, the amounts that 


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1 the eligible entity would otherwise make available for the 

2 purposes for which the grant funds may be used. 

3 (n) SENSE OF CONGRESS REGARDING FEDERAL

4 AGENCY COORDINATION.—It is the sense of Congress that 

5 Federal agencies responsible for supporting broadband de6 ployment, including the Commission, the Department of 

7 Commerce, and the Department of Agriculture, to the ex8 tent possible, should align the goals, application and re9 porting processes, and project requirements with respect 

10 to broadband deployment supported by those agencies. 

11 SEC. 4. PREEMPTION OF STATE AND LOCAL RESTRICTIONS 

12 ON MUNICIPAL BROADBAND. 

13 Title I of the Communications Act of 1934 (47 

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

15 following: 

16 ‘‘SEC. 14. PREEMPTION OF STATE AND LOCAL RESTRIC17 TIONS ON MUNICIPAL BROADBAND. 

18 ‘‘(a) DEFINITIONS.—In this section— 

19 ‘‘(1) the term ‘advanced telecommunications ca20 pability’ has the meaning given the term in section 

21 706(d) of the Telecommunications Act of 1996 (47 

22 U.S.C. 1302(d)); 

23 ‘‘(2) the term ‘advanced telecommunications ca24 pability or services’ means— 


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1 ‘‘(A) advanced telecommunications capa2 bility; or 

3 ‘‘(B) services using advanced telecommuni4 cations capability; 

5 ‘‘(3) the term ‘Indian Tribe’ has the meaning 

6 given the term in section 4 of the Indian Self-Deter7 mination and Education Assistance Act (25 U.S.C. 

8 5304); and 

9 ‘‘(4) the term ‘public provider’ means— 

10 ‘‘(A) a State or political subdivision there11 of; 

12 ‘‘(B) any agency, authority, or instrumen13 tality of a State or political subdivision thereof, 

14 including an intergovernmental agency, author15 ity, or instrumentality; 

16 ‘‘(C) an Indian Tribe; or 

17 ‘‘(D) any entity that is owned by, con18 trolled by, or otherwise affiliated with— 

19 ‘‘(i) a State or political subdivision 

20 thereof; 

21 ‘‘(ii) an agency, authority, or instru22 mentality of a State or political subdivision 

23 thereof, including an intergovernmental 

24 agency, authority, or instrumentality; or 

25 ‘‘(iii) an Indian Tribe. 


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1 ‘‘(b) PREEMPTION.—No statute, regulation, or other 

2 legal requirement of a State or political subdivision thereof 

3 may prohibit, or have the effect of prohibiting or substan4 tially inhibiting, any public provider from— 

5 ‘‘(1) providing telecommunications services or 

6 advanced telecommunications capability or services 

7 to any person or any public or private entity; or 

8 ‘‘(2) deploying a network and infrastructure 

9 used to provide services, or capability and services, 

10 described in paragraph (1).’’. 

11 SEC. 5. REPORT ON FUTURE OF UNIVERSAL SERVICE 

12 FUND. 

13 (a) DEFINITIONS.—In this section— 

14 (1) the term ‘‘Commission’’ means the Federal 

15 Communications Commission; and 

16 (2) the term ‘‘universal service goals for 

17 broadband’’ means the statutorily mandated goals of 

18 universal service for advanced telecommunications 

19 capability under section 706 of the Telecommuni20 cations Act of 1996 (47 U.S.C. 1302). 

21 (b) EVALUATION.—Not later than 30 days after the 

22 date of enactment of this Act, the Commission shall com23 mence a proceeding to evaluate the implications of this 

24 Act and the amendments made by this Act on how the 


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1 Commission should achieve the universal service goals for 

2 broadband. 

3 (c) REPORT.— 

4 (1) IN GENERAL.—Not later than 270 days 

5 after the date of enactment of this Act, the Commis6 sion shall submit to Congress a report on the op7 tions of the Commission for improving its effective8 ness in achieving the universal service goals for 

9 broadband in light of this Act and the amendments 

10 made by this Act, and other legislation that address11 es those goals. 

12 (2) RECOMMENDATIONS.—In the report sub13 mitted under paragraph (1), the Commission may 

14 make recommendations for Congress on further ac15 tions the Commission and Congress could take to 

16 improve the ability of the Commission to achieve the 

17 universal service goals for broadband. 

18 (3) SCOPE OF UNIVERSAL SERVICE.—In sub19 mitting the report under paragraph (1), the Com20 mission— 

21 (A) may not in any way reduce the con22 gressional mandate to achieve the universal 

23 service goals for broadband; and 

24 (B) may provide recommendations for Con25 gress to expand the universal service goals for 


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1 broadband, if the Commission believes such an 

2 expansion is in the public interest. 

Æ 


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