,,ii #aafth ,,congress #b;d ,session ,s4 #ddaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #d1 #bjbj,mr4 ,graham 7for himself1 ,mr4 ,warner1 and ,mr4 ,scott of ,south ,carolina7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,communications ,act of #aicd to establish in the ,federal ,communications ,commission the ,broadband ,development ,grant ,program4 #a4 ,short title ,this ,act may be cited as the ,governors' ,broadband ,development ,fund ,act of #bjbj4 #b4 ,governors' broadband development fund ,title ,i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended by adding at the end the following3 #ad4 ,broadband ,development ,grant ,program 7a7 ,definitions ,in this section-- 7#a7 the term anchor institution means-- 7,a7 a public or private elementary school or secondary school1 as those terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja72 7,b7 a library2 7,c7 a medical or healthcare provider2 7,d7 a museum2 7,e7 a public safety entity2 7,f7 public housing2 7,g7 an institution of higher education1 as that term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja71 including a community college2 or 7,h7 any other community support organization or agency2 7#b7 the term broadband has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation2 7#c7 the term covered entity-- 7,a7 means an entity that-- 7i7 is owned by1 controlled by1 affiliated with1 or acting at the direction of an entity that is organized under the laws of1 or otherwise subject to the jurisdiction of1 a country1 the government of which is on the priority watch list established by the ,united ,states ,trade ,representative pursuant to section #ahb7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7;a772 and 7ii7 has engaged in an action that is prohibited under-- 7,i7 section #a7;a7 of ,executive ,order #achgc 7#hd ,fed4 ,reg4 #bbfhi2 relating to securing the information and communications technology and services supply chain72 or 7,,ii7 any regulations issued in response to the ,executive order described in subclause 7,i72 and 7,b7 includes any subsidiary1 affiliate1 employee1 or representative of1 and any related party with respect to1 an entity described in subparagraph 7,a71 without regard to the location or jurisdiction of incorporation of that subsidiary1 affiliate1 employee1 representative1 or party1 as applicable2 7#d7 the term ,program means the ,broadband ,development ,grant ,program established under this section2 7#e7 the term public housing-- 7,a7 has the meaning given the term in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b772 and 7,b7 includes housing receiving tenant-based rental assistance provided under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o772 7#f7 the term qualified opportunity zone has the meaning given the term in section #adjj,z-#a7;a7 of the ,internal ,revenue ,code of #aihf2 and 7#g7 the term unserved anchor institution means an anchor institution that does not have access to broadband offered with-- 7,a7 a download speed of at least #ajj megabits per second2 and 7,b7 an upload speed of at least #aj megabits per second4 7b7 ,program 7#a7 ,establishment of ,program ,there is established in the ,commission the ,broadband ,development ,grant ,program4 7#b7 ,grants ,from the amounts made available to carry out this section1 the ,commission shall make grants under the ,program to each ,state that has submitted an application for such a grant that the ,commission has approved4 7c7 ,applications 7#a7 ,in general ,the ,commission shall-- 7,a7 not later than #ij days after the date of enactment of this section1 issue a notice inviting ,states to submit applications with respect to the ,program1 which shall contain the amount available to each ,state2 and 7,b7 not later than #fj days after the date on which the ,commission receives an application described in subparagraph 7,a71 approve or deny the application4 7#b7 ,rules for ,states 7,a7 ,limitation ,a ,state may submit only #a application under this section with respect to the ,state1 which may contain a comprehensive overview of multiple project proposals1 each of which shall satisfy the requirements of this section and any rules issued under this section4 7,b7 ,timeline ,a ,state shall submit to the ,commission an application under paragraph 7#a7 not later than #ij days after the date on which the ,commission issues the notice under that paragraph4 7d7 ,amount of grant ,the amount of a grant that a ,state receives under this section shall be determined as follows1 subject to the availability of appropriations3 7#a7 ,each ,state receiving a grant under this section shall receive a grant in an amount that is not less than #ge1jjj1jjj4 7#b7 ,of the amounts remaining to carry out this section after carrying out paragraph 7#a71 the ,commission shall use the following calculation with respect to the ,state3 7,a7 ,divide the number of individuals living in the ,state by the total number of individuals living in the ,united ,states4 7,b7 ,multiply the total amount made available to carry out this section after carrying out paragraph 7#a7 by the quotient obtained under subparagraph 7,a74 7e7 ,uses of funds 7#a7 ,in general ,a ,state that receives a grant under the ,program-- 7,a7 shall-- 7i7 expend not less than #cj percent of the grant funds in qualified opportunity zones within the ,state2 7ii7 prioritize expending grant funds in areas or locations that are not served by existing broadband networks2 7iii7 expend not less than #e percent of the grant funds in a technologically neutral manner to support the adoption of broadband by populations within the ,state that are identified as facing barriers to digital equity2 and 7iv7 prioritize project proposals that-- 7,i7 would provide broadband not later than #fj days after the date on which the project is initiated2 and 7,,ii7 rely on advanced broadband capabilities and technologies2 7,b7 may expend any of the grant funds1 including in a manner described in subparagraph 7,a71 to-- 7i7 construct1 acquire1 or lease facilities1 spectrum1 land1 or buildings to deploy broadband for-- 7,i7 residential and business customers2 or 7,,ii7 unserved anchor institutions1 which1 in the case of an unserved anchor institution that is a medical or healthcare provider1 may use the deployed broadband for telehealth purposes2 7ii7 provide broadband service free of charge1 or with reduced charges1 to unserved anchor institutions for a period of #b years2 or 7iii7 expand1 construct1 acquire1 or make improvements to a community center that provides internet access to the public2 and 7,c7 may not expend-- 7i7 any of the grant funds to purchase products1 materials1 or services from a covered entity2 or 7ii7 more than #e percent of the grant funds for administrative purposes4 7#b7 ,sense of ,congress ,it is the sense of ,congress that a ,state that receives a grant under the ,program should partner with private entities to engage in the uses required and permitted under paragraph 7#a74 7f7 ,reallocation ,if1 as of the date that is #e years after the date on which a ,state receives grant funds under the ,program1 a ,state has not allocated any portion of those funds-- 7#a7 the ,state shall return those remaining funds to the ,commission2 and 7#b7 the ,commission shall1 in accordance with subsection 7d77#b71 reallocate the funds received under paragraph 7#a7 to the remaining ,states for which the ,commission has approved applications4 7g7 ,direct provision of broadband 7#a7 ,in general ,the ,program shall contain sufficient measures to ensure that a ,state that uses grant funds received under the ,program to directly provide broadband to consumers applies and enforces1 without discrimination1 with respect to the ,state and any other provider of broadband within the jurisdiction of the ,state1 all applicable laws1 regulations1 and other requirements1 including laws1 regulations1 and requirements relating to-- 7,a7 taxation2 7,b7 zoning2 7,c7 land use2 7,d7 the building of facilities or other obligations to serve2 7,e7 the imposition of regulatory fees2 7,f7 customer service2 7,g7 public1 educational1 and governmental access channel mandates2 and 7,h7 technical quality of service4 7#b7 ,rates ,if a ,state directly provides broadband to consumers using grant funds received under the ,program1 the ,state may not charge a rate for the service in an amount that is less than or equal to the cost of providing the service4 7h7 ,impact of other ,federal grant programs ,participation by a ,state in the ,program shall not impact the eligibility of1 or otherwise disadvantage1 the ,state with respect to participation in any other ,federal broadband program4 7i7 ,reports ,a ,state that1 in a year1 receives grant funds under the ,program shall submit to the ,commission-- 7#a7 a report for the applicable year regarding how the ,state expended the funds2 and 7#b7 a certification that the ,state1 for that year1 has complied with the requirements of this section and with any additional requirements prescribed by the ,commission1 including a description of each service provided with the grant funds and the number of locations in which service was provided using the grant funds4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission #aj1jjj1jjj1jjj for fiscal year #bjbj to carry out the ,program1 which shall remain available through fiscal year #bjbf4 4