[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5617-S5618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2216. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 60102 and insert the following:

     SEC. 60102. RURAL CONNECTIVITY ADVANCEMENT PROGRAM.

       (a) Short Title.--This section may be cited as the ``Rural 
     Connectivity Advancement Program Act of 2021''.
       (b) Deposit of Spectrum Auction Proceeds in Rural Broadband 
     Assessment and Deployment Fund.--Section 309(j)(8) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--
       (1) in subparagraph (A), by striking ``and (G)'' and 
     inserting ``(G), and (H)''; and
       (2) by adding at the end the following:
       ``(H) Certain proceeds designated for rural broadband 
     assessment and deployment fund.--
       ``(i) Assessment and deployment set-aside.--Notwithstanding 
     subparagraph (A), and except as provided in subparagraphs 
     (B), (D), (E), (F), and (G), 10 percent of the net proceeds 
     from each use of a system of competitive bidding under this 
     subsection that is mandated by an Act of Congress and that 
     begins on or after the date of enactment of the Rural 
     Connectivity Advancement Program Act of 2021 shall be 
     deposited in the Rural Broadband Assessment and Deployment 
     Fund established under subsection (c) of that Act.
       ``(ii) Definition.--For purposes of this subparagraph, the 
     term `net proceeds', with respect to the use of a system of 
     competitive bidding, means the proceeds remaining after 
     subtracting all auction-related expenditures, including--

       ``(I) relocation payments, including accelerated relocation 
     payments;
       ``(II) payments to incumbent licensees for the 
     relinquishment of all or a portion of the spectrum usage 
     rights of those licensees;
       ``(III) costs associated with the reallocation of spectrum, 
     whether on an exclusive or shared use basis;
       ``(IV) relocation or sharing costs, including for planning 
     for relocation or sharing; and
       ``(V) bidding credits.''.

       (c) Direction and Use of Rural Broadband Assessment and 
     Deployment Fund Proceeds.--
       (1) Definitions.--In this subsection--
       (A) the term ``Commission'' means the Federal 
     Communications Commission;
       (B) the term ``high-cost programs'' means--
       (i) the program for Universal Service Support for High-Cost 
     Areas set forth under subpart D of part 54 of title 47, Code 
     of Federal Regulations, or any successor regulations;
       (ii) the Rural Digital Opportunity Fund set forth under 
     subpart J of part 54 of title 47, Code of Federal 
     Regulations, or any successor regulations;
       (iii) the Interstate Common Line Support Mechanism for 
     Rate-of-Return Carriers set forth under subpart K of part 54 
     of title 47, Code of Federal Regulations, or any successor 
     regulations;
       (iv) the Mobility Fund set forth under subpart L of part 54 
     of title 47, Code of Federal Regulations, or any successor 
     regulations;
       (v) the High Cost Loop Support for Rate-of-Return Carriers 
     program set forth under subpart M of part 54 of title 47, 
     Code of Federal Regulations, or any successor regulations;
       (vi) the Uniendo a Puerto Rico Fund and the Connect USVI 
     Fund set forth under subpart O of part 54 of title 47, Code 
     of Federal Regulations, or any successor regulations; and
       (vii) the Rural Broadband Experiments, as established by 
     the Commission under part 54 of title 47, Code of Federal 
     Regulations;
       (C) the term ``net proceeds'' has the meaning given the 
     term in subparagraph (H) of section 309(j)(8) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by 
     subsection (b); and
       (D) the term ``Rural Broadband Assessment and Deployment 
     Fund'' means the fund established under paragraph (2).
       (2) Establishment of fund.--There is established in the 
     Treasury of the United States a fund to be known as the 
     ``Rural Broadband Assessment and Deployment Fund''.
       (3) Borrowing authority.--
       (A) In general.--With respect to any auction described in 
     subparagraph (H)(i) of section 309(j)(8) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by 
     subsection (b), on or after the date on which the Commission 
     makes a final determination of the amount of net proceeds 
     that will be deposited in the Rural Broadband Assessment and 
     Deployment Fund under such subparagraph (H)(i) as a result of 
     that auction, the Commission may borrow not more than that 
     amount from the Treasury of the United States.
       (B) Reimbursement.--The Commission shall reimburse the 
     general fund of the Treasury, without interest, for any 
     amounts borrowed under subparagraph (A) as funds are 
     deposited into the Rural Broadband Assessment and Deployment 
     Fund.
       (4) Availability of amounts.--Any amounts borrowed under 
     paragraph (3)(A) and any amounts in the Rural Broadband 
     Assessment and Deployment Fund that are not necessary for 
     reimbursement of the general fund of the Treasury for such 
     borrowed amounts shall be available to the Commission for use 
     in accordance with paragraph (5).
       (5) Use of amounts.--
       (A) Establishment of program or programs.--The Commission 
     shall use the amounts made available under paragraph (4) to 
     establish 1 or more programs that are separate from, but are 
     coordinated with and complement, the high-cost programs to 
     address--
       (i) gaps that remain in broadband internet access service 
     coverage in high-cost rural areas despite the operations of 
     the high-cost programs; and
       (ii) shortfalls in sufficient funding of the high-cost 
     programs that could adversely affect the sustainability of 
     services or reasonable comparability of rates that are 
     supported by those programs.
       (B) Purposes.--In carrying out subparagraph (A), the 
     Commission shall use amounts made available under paragraph 
     (4) in an efficient and cost-effective manner only--
       (i) for the assessment of, and to provide subsidies in a 
     technology-neutral manner through a competitive process 
     (subject to weighting preferences for performance quality and 
     other service metrics as the Commission may find appropriate) 
     to providers for support of, deployment of broadband-capable 
     infrastructure in high-cost rural areas that the Commission 
     determines are unserved by fixed terrestrial broadband 
     internet access service at a download speed of not less than 
     25 megabits per second and an upload speed of not less than 3 
     megabits per second (or such higher speed as the Commission 
     may determine appropriate based upon an evolving definition 
     of universal service); and
       (ii) to assess, and provide subsidies to providers to 
     enable providers to sustain, broadband internet access 
     service in any rural area in which--

       (I) not more than 1 provider of fixed terrestrial broadband 
     internet access service operates; and
       (II) the high-cost nature of the area precludes the 
     offering of voice service and broadband internet access 
     service at rates and performance levels available in urban 
     areas as determined by the Urban Rate Survey conducted by the 
     Commission.

       (C) Tribal considerations.--In distributing amounts under 
     this paragraph, the Commission shall consider the broadband 
     internet access service needs of residents of Tribal lands 
     (as defined in section 54.400 of title 47, Code of Federal 
     Regulations, or any successor regulation).
       (D) Limitations.--
       (i) Prohibition on funding other programs.--

       (I) In general.--The Commission may not use amounts made 
     available under paragraph (4) to fund any program that was 
     not established by the Commission under subparagraph (A) of 
     this paragraph, including any program established under 
     section 254 of the Communications Act of 1934 (47 U.S.C. 254) 
     in effect on the date of enactment of this Act, except for 
     using the Universal Service Administrative Company to 
     administer funding.
       (II) Rule of construction.--Nothing in subclause (I) shall 
     be construed to prohibit the Commission from using amounts 
     made available under paragraph (4) to supplement the 
     provision of support under the high-cost programs, as 
     authorized under subparagraph (A)(ii) of this paragraph.

[[Page S5618]]

       (ii) Transparency and accountability for addressing gaps in 
     coverage.--The Commission shall establish transparency and 
     accountability requirements for amounts made available for 
     the purpose set forth in subparagraph (A)(i) that, at a 
     minimum--

       (I) provide--

       (aa) a process for challenging any initial determination by 
     the Commission regarding whether an area is served or 
     unserved; and
       (bb) written public notice on the website of the Commission 
     of--
       (AA) how each challenge under item (aa) was decided; and
       (BB) the reasons of the Commission for each decision;

       (II) establish broadband service buildout milestones and 
     require periodic certification by funding recipients to 
     ensure compliance with the broadband service buildout 
     milestones;
       (III) establish a maximum buildout timeframe of 4 years 
     beginning on the date on which funding is provided to a 
     funding recipient;
       (IV) establish periodic reporting requirements for funding 
     recipients that identify, at a minimum, the speed of, and 
     technology used for, the service provided in each area where 
     funding is provided;
       (V) establish standard penalties for noncompliance with the 
     requirements established under this clause and as may be 
     further prescribed by the Commission;
       (VI) establish procedures for recovery of funds, in whole 
     or in part, from funding recipients in the event of default 
     or noncompliance with the requirements established under this 
     clause and as may be further prescribed by the Commission; 
     and
       (VII) require a funding recipient to--

       (aa) offer voice service and broadband internet access 
     service; and
       (bb) permit a consumer to subscribe to one type of service 
     described in item (aa) or both types.
       (iii) Transparency and accountability for addressing 
     shortfalls in funding.--The Commission shall establish 
     transparency and accountability requirements for amounts made 
     available for the purpose set forth in subparagraph (A)(ii) 
     that, at a minimum--

       (I) establish periodic reporting and certification 
     requirements for funding recipients to ensure that the 
     funding results in the offering of voice service and 
     broadband internet access service at reasonably comparable 
     rates and performance levels;
       (II) establish standard penalties for noncompliance with 
     the requirements established under this clause and as may be 
     further prescribed by the Commission;
       (III) establish procedures for recovery of funds, in whole 
     or in part, from funding recipients in the event of default 
     or noncompliance with the requirements established under this 
     clause and as may be further prescribed by the Commission; 
     and
       (IV) require a funding recipient to--

       (aa) offer voice service and broadband internet access 
     service; and
       (bb) permit a consumer to subscribe to one type of service 
     described in item (aa) or both types.
       (6) Reports.--
       (A) Annual auction proceeds deployment report.--Not later 
     than 270 days after the date of enactment of this Act, and 
     not less frequently than annually thereafter until all 
     amounts have been distributed, the Commission shall publish 
     and submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report on the 
     distribution of amounts made available under paragraph (4).
       (B) Auction-specific deposit reports.--Not later than 30 
     days after the date on which the Commission announces the 
     results of an auction described in subparagraph (H)(i) of 
     section 309(j)(8) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(8)), as added by subsection (b), the Commission 
     shall publish and submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that estimates the amount of net proceeds that will be 
     deposited in the Rural Broadband Assessment and Deployment 
     Fund under that subparagraph as a result of that auction.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to the Rural Broadband Assessment and 
     Deployment Fund $42,450,000,000.
                                 ______