BRIDGE Act
Bill: S.2071 | Sponsor: Sen. Bennet, Michael F. (D-CO)
Policy area: Science, Technology, Communications

Summary:
Broadband Reform and Investment to Drive Growth in the Economy Act of 2021 or the BRIDGE Act
This bill establishes and provides funding for the Broadband Access Fund and makes other changes related to expanding access to broadband services.
Specifically, the National Telecommunications and Information Administration must use the funding to award grants to states, territories, and Indian tribes for deploying, increasing adoption of, and facilitating affordable access to broadband and promoting digital equity (i.e., the condition in which all individuals and communities have the information technology capacity needed to participate in the society and economy of the United States). Grantees must prioritize deployment of broadband in unserved areas (including high-cost areas) and activities in areas with poverty rates above the national average.
The bill also preempts state and local laws that prohibit a public telecommunications provider (e.g., a municipal broadband provider) from offering broadband or other telecommunication services or deploying a network or infrastructure necessary for such services.
Additionally, the Federal Communications Commission must report on improving its effectiveness in achieving universal service goals for broadband.

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.
                                 <all>