[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 436

To provide Federal matching funding for State-level broadband programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2021

Ms. Collins (for herself and Ms. Rosen) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To provide Federal matching funding for State-level broadband programs.

    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 ``American Broadband Buildout Act of 
2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Broadband availability maps.--The term ``broadband 
        availability maps'' means the maps created by the Federal 
        Communications Commission under section 802(c)(1) of the 
        Communications Act of 1934 (47 U.S.C. 642(c)(1)).
            (3) Broadband internet access service.--The term 
        ``broadband internet access service''--
                    (A) means mass-market retail service by wire or 
                radio that provides the capability to transmit data to 
                and receive data from all or substantially all internet 
                endpoints, including any capabilities that are 
                incidental to and enable the operation of the 
                communications service, but excluding dial-up internet 
                access service; and
                    (B) includes any service that the Commission finds 
                to be providing a functional equivalent of the service 
                described in subparagraph (A) or that is used to evade 
                the protections set forth in part 8 of title 47, Code 
                of Federal Regulations, or any successor thereto.
            (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (5) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State; or
                    (B) an entity authorized by a State to spend funds 
                for a purpose described in section 3 or 4.
            (6) Last-mile infrastructure.--The term ``last-mile 
        infrastructure'' means infrastructure the predominant purpose 
        of which is to provide broadband internet access service to end 
        users or end user devices, including households, businesses, 
        community anchor institutions, public safety entities, and 
        critical community facilities.
            (7) Overbuilding.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``overbuilding'' means deploying 
                broadband infrastructure in an area--
                            (i) that already has--
                                    (I) facilities capable of providing 
                                standard broadband service; or
                                    (II) broadband infrastructure that 
                                was built using funds from a Federal or 
                                State program that were provided for 
                                the express purpose of deploying 
                                broadband infrastructure;
                            (ii) where Federal or State funding has 
                        already been committed for the deployment of 
                        facilities capable of providing standard 
                        broadband service, even if such service is not 
                        yet available, provided that the funding 
                        recipient is meeting any applicable buildout 
                        deadlines; or
                            (iii) with respect to which a broadband 
                        internet access service provider has already 
                        made enforceable commitments to a Federal 
                        agency or State to deploy facilities capable of 
                        providing standard broadband service, even if 
                        such service is not yet available, provided 
                        that the broadband internet access service 
                        provider is meeting any applicable buildout 
                        deadlines.
                    (B) Interconnect points.--The term ``overbuilding'' 
                does not include deploying broadband infrastructure in 
                an area described in subparagraph (A) if the 
                infrastructure is deployed for the purpose of reaching 
                interconnect points of standard broadband service to 
                meet the needs of broadband users in another area that 
                is an unserved area.
            (8) Qualifying project.--The term ``qualifying project'' 
        means a project--
                    (A) to construct last-mile infrastructure that will 
                provide broadband internet access service at a speed of 
                not less than 100 megabits per second for downloads and 
                10 megabits per second for uploads in an unserved area, 
                without engaging in overbuilding; and
                    (B) that is funded by a public-private partnership 
                in which--
                            (i)(I) the State in which the project is 
                        located provides a portion of the funds; or
                            (II) the State in which the project is 
                        located and another entity, which may be a 
                        political subdivision of the State in which the 
                        project is located, together provide not less 
                        than 25 percent of the funds; and
                            (ii) the private company or electric 
                        cooperative that will provide broadband 
                        internet access service to customers connected 
                        to the last-mile infrastructure provides not 
                        less than 25 percent of the funds.
            (9) Standard broadband service.--The term ``standard 
        broadband service'' means broadband internet access service 
        with a speed of not less than--
                    (A) 25 megabits per second for downloads; and
                    (B) 3 megabits per second for uploads.
            (10) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
            (11) Unserved area.--The term ``unserved area'' means a 
        census block in which standard broadband service is not 
        available to all households according to--
                    (A) the broadband availability maps; or
                    (B) if the maps described in subparagraph (A) have 
                not been completed at the time when the relevant grant 
                is being awarded, any existing broadband availability 
                data of the Commission, as well as any relevant data 
                from the National Broadband Availability Map produced 
                by the Assistant Secretary.

SEC. 3. LAST-MILE BROADBAND INFRASTRUCTURE.

    (a) Grants.--
            (1) In general.--The Commission shall award grants to 
        eligible entities for qualifying projects.
            (2) Advisory role of ntia.--The Commission shall carry out 
        paragraph (1) in consultation with the Assistant Secretary, 
        including by soliciting and taking into account the advice of 
        the Assistant Secretary.
    (b) Prioritization.--The Commission shall give priority to 
qualifying projects in States in which, according to the broadband 
availability maps--
            (1) less than 68 percent of households subscribe to fixed 
        terrestrial broadband internet access service with a speed of 
        not less than--
                    (A) 10 megabits per second for downloads; and
                    (B) 1 megabit per second for uploads; and
            (2) less than 40.5 percent of households subscribe to fixed 
        terrestrial standard broadband service.
    (c) High-Cost, Geographically Challenged Areas.--The Commission 
shall ensure that not less than 15 percent of the amounts awarded under 
this section are used in unserved areas that are high-cost and 
geographically challenged, as determined by the Commission.
    (d) Population-Based Allocation.--
            (1) In general.--In awarding grants under this section, the 
        Commission shall allocate not less than $5,000,000,000 among 
        the States based on the proportion that the population of each 
        State bears to the population of all States.
            (2) Excess funds.--If the amount allocated for a State 
        under paragraph (1) exceeds the allowable Federal share of the 
        costs of projects of the State (or other eligible entity acting 
        on behalf of the State) that are eligible for funding under 
        this section, the Commission shall withhold the excess amount, 
        which shall revert to the general fund of the Treasury.
            (3) Failure to apply.--If an eligible entity does not apply 
        for a grant under this section by the last day of fiscal year 
        2022, the amount that would have been awarded to the eligible 
        entity under paragraph (1) shall revert to the general fund of 
        the Treasury.

SEC. 4. PUBLIC AWARENESS CAMPAIGNS; DIGITAL LITERACY PROGRAMS.

    The Commission shall award grants to eligible entities--
            (1) to carry out public awareness campaigns designed to 
        highlight the value and benefits of broadband internet access 
        service, in order to increase the adoption of broadband 
        internet access service; and
            (2) to support digital literacy programs in areas in which 
        a qualifying project that receives funding under section 3 is 
        located.

SEC. 5. FEDERAL SHARE.

    (a) In General.--The Federal share of the cost of a project, 
campaign, or program that receives funding under this Act shall be not 
more than 50 percent.
    (b) Use of Certain Federal Funds for Non-Federal Share.--
            (1) In general.--A State may use any amounts described in 
        paragraph (2) for the non-Federal share of the cost of a 
        project, campaign, or program that receives funding under this 
        Act.
            (2) Eligible amounts.--The amounts referred to in paragraph 
        (1) are amounts received from--
                    (A) the Secretary of Housing and Urban Development 
                under the community development block grant program 
                under title I of the Housing and Community Development 
                Act of 1974 (42 U.S.C. 5301 et seq.);
                    (B) the Appalachian Regional Commission established 
                under section 14301(a) of title 40, United States Code;
                    (C) the Economic Development Administration of the 
                Department of Commerce;
                    (D) any rural telehealth program of the Commission; 
                or
                    (E) the Northern Border Regional Commission 
                established under section 15301(a)(3) of title 40, 
                United States Code.

SEC. 6. TECHNOLOGY NEUTRALITY REQUIRED.

    The Commission shall award grants to eligible entities under this 
Act in a manner that does not favor the use of any particular 
technology.

SEC. 7. TRANSPARENCY AND ACCOUNTABILITY.

    (a) Last-Mile Broadband Infrastructure Grants.--For grants awarded 
under section 3, the Commission shall establish transparency and 
accountability rules under which--
            (1) after receiving an application for a grant to carry out 
        a qualifying project in an area, the Commission shall determine 
        whether the area is served or unserved using accurate and 
        granular information regarding the availability of broadband 
        internet access service at the sub-census block level;
            (2) the Commission shall--
                    (A) permit a person or entity to challenge an 
                initial determination of the Commission under paragraph 
                (1); and
                    (B) provide a period of not less than 45 days, 
                after the Commission makes an initial determination 
                under paragraph (1) with respect to an area, during 
                which a provider of broadband internet access service 
                may voluntarily submit information concerning the 
                broadband internet access service that the provider 
                offers in the area;
            (3) the Commission shall provide the public with notice 
        of--
                    (A) an initial determination with respect to an 
                area under paragraph (1);
                    (B) the final determination of whether an area is 
                served or unserved after the process for challenging 
                the initial determination, as described in paragraph 
                (2), has concluded;
                    (C) the entities that have applied for a grant; and
                    (D) the results of any decision regarding a grant 
                application, including by identifying--
                            (i) each eligible entity that was awarded a 
                        grant;
                            (ii) the areas that each grantee will serve 
                        using the grant funds;
                            (iii) the nature of the service that each 
                        grantee will provide in each area described in 
                        clause (ii); and
                            (iv) the amount that the Commission has 
                        authorized each grantee to use to carry out a 
                        qualifying project in each unserved area; and
            (4) the Commission shall establish--
                    (A) broadband buildout milestones and periodic 
                certifications that a grantee must submit to 
                demonstrate compliance with the broadband buildout 
                milestones;
                    (B) a maximum buildout timeframe of 5 years from 
                the date on which the Commission first awards a grant 
                to an eligible entity;
                    (C) requirements for grantees to submit to the 
                Commission and to the broadband office or other 
                applicable authority of the State in which the grantee 
                is carrying out the project periodic reports that 
                identify--
                            (i) the nature of the service provided in 
                        each unserved area; and
                            (ii) the latitude and longitude coordinates 
                        of each location to which the grantee has 
                        provided broadband internet access service in 
                        each census block;
                    (D) penalties for noncompliance with--
                            (i) the broadband buildout milestones under 
                        subparagraph (A);
                            (ii) the certification requirements under 
                        subparagraph (A); and
                            (iii) the reporting requirements under 
                        subparagraph (C);
                    (E) procedures through which the Commission may 
                recover grant funds, in whole or in part, from a 
                grantee if the grantee defaults or does not comply with 
                the requirements under this Act; and
                    (F) any additional methods or reporting necessary 
                to reduce waste, fraud, and abuse within the grant 
                program.
    (b) Public Awareness and Digital Literacy Grants.--For grants 
awarded under section 4, the Commission shall establish transparency 
and accountability rules that--
            (1) require the Commission to provide the public with 
        notice of--
                    (A) the entities that have applied for a grant; and
                    (B) the results of any decision regarding a grant 
                application, including by--
                            (i) identifying each eligible entity that 
                        was awarded a grant;
                            (ii) identifying the areas that each 
                        grantee will serve using the grant funds;
                            (iii) providing a summary of the projects 
                        that each grantee will carry out in each area 
                        described in clause (ii); and
                            (iv) the amount that the Commission has 
                        authorized a grantee to use to carry out a 
                        public awareness campaign or support digital 
                        literacy programs in each area described in 
                        clause (ii); and
            (2) establish--
                    (A) project milestones and periodic certifications 
                that a grantee must submit to demonstrate compliance 
                with the project milestones;
                    (B) a maximum project completion timeframe of 5 
                years from the date on which the Commission first 
                awards a grant to an eligible entity;
                    (C) periodic reporting requirements for grantees to 
                demonstrate progress in meeting the project milestones 
                under subparagraph (A);
                    (D) penalties for noncompliance with--
                            (i) the project milestones under 
                        subparagraph (A);
                            (ii) the certification requirements under 
                        subparagraph (A); and
                            (iii) the reporting requirements under 
                        subparagraph (C);
                    (E) procedures through which the Commission may 
                recover grant funds, in whole or in part, from a 
                grantee if the grantee defaults or does not comply with 
                the requirements under this Act; and
                    (F) any additional methods or reporting necessary 
                to reduce waste, fraud, and abuse within the grant 
                program.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission to carry 
out this Act for fiscal year 2021, $15,000,000,000, to remain available 
until expended.
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