,i #aafth ,,congress #ast ,session ,h4 ,r4 #cbgh ,,in ,,the ,,house ,,of ,,representatives ,june #ac1 #bjai,mr4 ,loebsack 7for himself1 ,mr4 ,lujn1 ,ms4 ,schakowsky1 ,mr4 ,mc,nerney1 ,mr4 ,o',halleran1 ,mr4 ,welch1 ,ms4 ,eshoo1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,mr4 ,tonko1 ,mr4 ,veasey1 ,ms4 ,de,gette1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,pallone1 ,mr4 ,butterfield1 ,mrs4 ,dingell1 ,mr4 ,crdenas1 and ,ms4 ,matsui7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to provide for the establishment of a program to expand access to broadband4 #a4 ,short title ,this ,act may be cited as the ,connect ,america ,act of #bjai4 #b4 ,expansion of broadband access ,title ,i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended by adding at the end the following new section3 #ad4 ,expansion of broadband access 7a7 ,program established ,not later than #ahj days after the date of the enactment of this section1 the ,commission1 in consultation with the ,assistant ,secretary1 shall establish a program to expand access to broadband for unserved areas1 underserved areas1 and unserved anchor institutions in accordance with the requirements of this section that-- 7#a7 is separate from any universal service program established pursuant to section #bed2 and 7#b7 does not require funding recipients to be designated as eligible telecommunications carriers under section #bad7;e74 7b7 ,use of program funds 7#a7 ,expanding access to broadband through national reverse auction ,not later than #ah months after the date of the enactment of this section1 the ,commission shall award #ge percent of the amounts appropriated under subsection 7h7 through a national reverse auction to funding recipients only to expand access to broadband in unserved areas4 7#b7 ,expanding access to broadband through ,states 7,a7 ,distribution of funds to ,states ,not later than #bee days after the date of the enactment of this section1 the ,commission shall distribute #be percent of the amounts appropriated under subsection 7h7 among the ,states1 in direct proportion to the population of each ,state4 7,b7 ,public notice ,not later than #aie days after the date of the enactment of this section1 the ,commission shall issue a public notice informing each ,state and the public of the amounts to be distributed under this paragraph4 ,the notice shall include-- 7i7 the manner in which a ,state shall inform the ,commission of that ,state's acceptance or acceptance in part of the amounts to be distributed under this paragraph2 7ii7 the date 7which is #cj days after the date on which the public notice is issued7 by which such acceptance or acceptance in part is due2 and 7iii7 the requirements as set forth under this section and as may be further prescribed by the ,commission4 7,c7 ,acceptance by ,states ,not later than #cj days after the date on which the public notice is issued under subparagraph 7,b71 each ,state accepting amounts to be distributed under this paragraph shall inform the ,commission of the acceptance or acceptance in part by the ,state of the amounts to be distributed under this paragraph in the manner described by the ,commission in the public notice4 7,d7 ,requirements for ,state receipt of amounts distributed ,each ,state accepting amounts distributed under this paragraph-- 7i7 shall only award such amounts through a statewide reverse auction or auctions1 in the manner prescribed by the ,state but subject to the requirements as set forth under this section and as may be further prescribed by the ,commission2 7ii7 shall make such awards only-- 7,i7 to funding recipients to expand access to broadband in unserved areas2 7,,ii7 to funding recipients to expand access to broadband to unserved anchor institutions2 or 7,,iii7 to funding recipients to expand access to broadband in underserved areas1 but only if a ,state does not have1 or no longer has1 any unserved areas2 7iii7 shall conduct separate reverse auctions for awards made to unserved anchor institutions under clause 7ii77,,ii71 if a ,state awards any funding provided by this section to unserved anchor institutions2 7iv7 shall return any unused portion of such amounts to the ,commission within #aj years after the date of the enactment of this section and shall submit a certification to the ,commission before receiving such amounts that the ,state will return such amounts2 and 7v7 may not use more than #e percent of the amounts distributed under this paragraph to administer a reverse auction or auctions authorized by this paragraph4 7#c7 ,coordination of ,federal and ,state funding ,the ,commission shall establish processes through the rulemaking under subsection 7e7 to-- 7,a7 enable ,states to conduct statewide reverse auctions as part of1 or in coordination with1 the national reverse auction2 7,b7 assist ,states in conducting statewide reverse auctions2 7,c7 coordinate with ,states to ensure that program funds awarded by the ,commission and program funds awarded by the ,states are not used to expand access to broadband in the same unserved areas2 and 7,d7 coordinate with other ,federal programs that expand access to broadband1 such as the ,connect ,america ,fund or the ,broadband e-,connectivity ,pilot ,program1 to ensure the efficient use of program funds4 7c7 ,program requirements 7#a7 ,technology neutrality required ,any entity administering a reverse auction 7either the ,state or the ,commission7 in making awards may not favor a project using any particular technology4 7#b7 ,funds preference ,there shall be a preference1 as determined by the entity administering the reverse auction 7either the ,state or the ,commission71 for bidders in a reverse auction proposing projects-- 7,a7 with at least #bj percent matching funds from private sources2 7,b7 that would expand access to broadband on tribal lands1 as defined by the ,commission2 7,c7 that would provide higher speeds than those specified in subsection 7d77#b72 7,d7 that would expand access to broadband in advance of the time specified in subsection 7e77#e72 or 7,e7 that would expand access to broadband to areas where the median household income is below #aej percent of the poverty threshold as defined by the ,bureau of the ,census4 7#c7 ,unserved and underserved areas ,in determining whether an area is an unserved area or an underserved area or whether an anchor institution is an unserved anchor institution for any reverse auction authorized under this section1 the ,commission shall implement the following requirements through the rulemaking described in subsection 7e73 7,a7 ,data for initial determination ,to make an initial determination as to whether an area is an unserved area or an underserved area or whether an anchor institution is an unserved anchor institution1 the ,commission shall-- 7i7 to the extent practicable1 use the ,national ,broadband ,availability ,map1 updated pursuant to the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada72 7ii7 consider other data on access to broadband obtained or purchased by the ,commission2 7iii7 consider other publicly available data or information on access to broadband2 7iv7 consider other publicly available data or information on ,state broadband deployment programs2 and 7v7 not determine an area is not an unserved area or an underserved area on the basis that one location within such area does not meet the definition of an unserved area or an underserved area4 7,b7 ,initial determination ,the ,commission shall make an initial determination of the areas that are unserved areas or underserved areas and which anchor institutions are unserved anchor institutions not later than #bgj days after the date of the enactment of this section4 7,c7 ,challenge of determination 7i7 ,in general ,the ,commission shall provide for a process for challenging any initial determination regarding whether an area is an unserved area or an underserved area or whether an anchor institution is an unserved anchor institution that1 at a minimum1 provides not less than #de days for a person to voluntarily submit information concerning-- 7,i7 the broadband offered in the area2 or 7,,ii7 the broadband offered to the anchor institution4 7ii7 ,streamlined process ,the ,commission shall ensure that such process is sufficiently streamlined such that a reasonably prudent person may easily participate to challenge such initial determination with little burden on such person4 7,d7 ,final determination ,the ,commission shall make a final determination of the areas that are unserved areas or underserved areas and which anchor institutions are unserved anchor institutions within #a year after the date of the enactment of this section4 7#d7 ,notice1 transparency1 accountability1 and oversight required ,the program shall contain sufficient notice1 transparency1 accountability1 and oversight measures to provide the public with notice of the assistance provided under this section1 and to deter waste1 fraud1 and abuse of program funds4 7#e7 ,competence ,the program shall contain sufficient processes and requirements1 as established by the entity administering the reverse auction 7either the ,state or the ,commission71 to ensure funding recipients participating in such a reverse auction-- 7,a7 are capable of carrying out the project in a competent manner in compliance with all applicable ,federal1 ,state1 and local laws2 and 7,b7 have the financial capacity to meet the buildout obligations of the project and requirements as set forth under this section and as may be further prescribed by the ,commission4 7#f7 ,contracting requirements ,any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any project under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the ,secretary of ,labor under subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7d7 ,project requirements ,any project funded through the program shall meet the following requirements3 7#a7 ,the project shall adhere to quality-of-service standards as established by the ,commission4 7#b7 ,the project shall offer broadband with a download speed of at least #ajj megabits per second1 an upload speed of at least #bj megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications4 7#c7 ,for any project that involves laying fiber-optic cables along a roadway1 the project shall include interspersed conduit access points at regular and short intervals4 7#d7 ,the project may not offer broadband that does not1 at a minimum1 provide a download speed of at least #be megabits per second1 an upload speed of at least #c megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications4 7#e7 ,the project shall incorporate prudent cybersecurity and supply chain risk management practices1 as specified by the ,commission1 through the rulemaking described in subsection 7e71 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,assistant ,secretary4 7#f7 ,the project shall incorporate best practices1 as defined by the ,commission1 for ensuring reliability and resiliency of the network during disasters4 7#g7 ,any funding recipient must agree to have the project meet the requirements established under section #bbd1 as if the project were classified as a utility under such section4 7e7 ,rulemaking and distribution and award of funds ,not later than #ahj days after the date of the enactment of this section1 the ,commission1 in consultation with the ,assistant ,secretary1 shall promulgate rules-- 7#a7 that implement the requirements of this section1 as appropriate1 including the program requirements of subsections 7a71 7b71 and 7c7 and the project requirements of subsection 7d72 7#b7 that establish the design of and rules for the nationwide reverse auction2 7#c7 that establish notice requirements for all reverse auctions authorized under this section that1 at a minimum1 provide the public with notice of-- 7,a7 the initial determination of which areas are unserved areas or underserved areas2 7,b7 the final determination of which areas are unserved areas or underserved areas after the process for challenging the initial determination has concluded2 7,c7 which entities have applied to bid for funding2 and 7,d7 the results of any reverse auctions1 including identifying the funding recipients1 which areas each project will serve1 the nature of the service that will be provided by the project in each of those areas1 and how much funding the funding recipients will receive in each of those areas2 7#d7 that establish broadband buildout milestones and periodic certification by funding recipients to ensure compliance with the broadband buildout milestones for all reverse auctions authorized under this section2 7#e7 that establish a maximum buildout timeframe of four years beginning on the date on which funding is provided under this section for any project by a funding recipient for a project under this section2 7#f7 that establish periodic reporting requirements for funding recipients of projects and that identify1 at a minimum1 the nature of the service provided in each area for any reverse auction authorized under this section2 7#g7 that establish standard penalties for the noncompliance of funding recipients or projects with the requirements as set forth under this section and as may be further prescribed by the ,commission for any reverse auction authorized under this section2 7#h7 that establish procedures for recovery of funds1 in whole or in part1 from funding recipients in the event of the default or noncompliance of the funding recipient or project with the requirements established under this section for any reverse auction authorized under this section2 and 7#i7 that establish mechanisms to reduce waste1 fraud1 and abuse within the program for any reverse auction authorized under this section4 7f7 ,reports required 7#a7 ,inspector general and comptroller general report ,not later than ,june #cj and ,december #ca of each year following the awarding of the first funds under the program1 the ,inspector ,general of the ,commission and the ,comptroller ,general of the ,united ,states shall submit to the ,committees on ,energy and ,commerce of the ,house of ,representatives and ,commerce1 ,science1 and ,transportation of the ,senate a report for the previous #f months that reviews the program4 ,such report shall include any recommendations to address waste1 fraud1 and abuse4 7#b7 ,state reports ,any ,state that receives funds under the program shall submit an annual report to the ,commission on how such funds were spent1 along with a certification of compliance with the requirements as set forth under this section and as may be further prescribed by the ,commission1 including a description of each service provided and the number of individuals to whom the service was provided4 7g7 ,definitions ,in this section3 7#a7 ,anchor institution ,the term anchor institution means a public or private school1 a library1 a medical or healthcare provider1 a museum1 a public safety entity1 public housing1 a community college1 an institution of higher education1 or any other community support organization or agency4 7#b7 ,area ,the term area means the geographic unit of measurement with the greatest level of granularity reasonably feasible for the ,commission to use in making eligibility determinations under this section and in meeting the requirements and deadlines of this section4 7#c7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#d7 ,broadband ,the term broadband-- 7,a7 means broadband internet access service that is a mass-market retail service1 or a service provided to an anchor institution1 by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints1 including any capabilities that are incidental to and enable the operation of the communications service2 7,b7 includes any service that is a functional equivalent of the service described in subparagraph 7,a72 and 7,c7 does not include dial-up internet access service4 7#e7 ,funding recipient ,the term funding recipient means an entity that receives funding for a project under this section4 7#f7 ,program ,unless otherwise indicated1 the term program means the program established under subsection 7a74 7#g7 ,project ,the term project means an undertaking by a funding recipient under this section to construct and deploy infrastructure for the provision of broadband4 7#h7 ,reverse auction ,the term reverse auction means an auction in which bids are submitted for a particular project and the bids serving the most locations for the lowest cost to the entity administering the reverse auction 7either the ,state or the ,commission71 taking into consideration the funding preferences in subsection 7c77#b7 are selected for funding4 7#i7 ,underserved area ,the term underserved area means an area that has access to broadband offered-- 7,a7 with a download speed of at least #be megabits per second and not more than #ii megabits per second2 7,b7 with an upload speed of at least #aj megabits per second2 and 7,c7 with latency that is sufficiently low to allow real-time1 interactive applications4 7#aj7 ,unserved anchor institution ,the term unserved anchor institution means an anchor institution that has no access to broadband or does not have access to broadband offered-- 7,a7 with a download speed of at least #a gigabit per second2 7,b7 with an upload speed of at least #a gigabit per second2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7#aa7 ,unserved area ,the term unserved area means an area that has no access to broadband or does not have access to broadband offered-- 7,a7 with a download speed of at least #be megabits per second2 7,b7 with an upload speed of at least #c megabits per second2 and 7,c7 with latency that is sufficiently low to allow real-time1 interactive applications4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission #dj1jjj1jjj1jjj for fiscal year #bjbj to carry out the program and such amount is authorized to remain available for #aj years4 4