Accessible, Affordable Internet for All Act
This bill reauthorizes through FY2026, revises, and establishes grants and activities to promote access to broadband internet and other telecommunication services.
The bill addresses digital equity and inclusion through grants and by requiring studies on barriers to adoption of broadband services and related matters.
The bill addresses broadband affordability and access. It (1) reauthorizes and expands various programs that subsidize or otherwise support broadband services for eligible households, schools and libraries, and tribal lands and populations; and (2) establishes a program for expanding broadband service for underserved areas and community support organizations (e.g., schools and religious organizations). Additionally, the Federal Communications Commission (FCC) must award grants and take other actions to expand programs that verify an individual's eligibility for subsidized services.
The bill addresses broadband data collection, disclosure, and sharing. The FCC must (1) issue rules regarding the collection of pricing data and labels that disclose information about broadband plans to consumers, and (2) collaborate and share data with federal agencies and other stakeholders.
The bill makes financing (e.g., low-interest loans) available to communities and public-private partnerships for broadband infrastructure investments. Additionally, the Department of Transportation must require states to install conduits for broadband cables as part of certain highway projects. The bill also sets up a task force on nationwide dig once requirements (i.e., policies or practices to minimize excavations of highway rights-of-way when installing telecommunications infrastructure).
Further, the bill preempts state laws that prohibit certain telecommunications service providers (e.g., public providers) from providing high-speed broadband services.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1783 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1783
To make high-speed broadband internet service accessible and affordable
to all Americans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2021
Mr. Clyburn (for himself, Mr. Pallone, Mr. Michael F. Doyle of
Pennsylvania, Mrs. Axne, Mr. Bishop of Georgia, Ms. Blunt Rochester,
Mrs. Bustos, Mr. Butterfield, Ms. Craig, Mr. Delgado, Ms. Eshoo, Mr.
Kahele, Mr. Kind, Mrs. Kirkpatrick, Mr. Khanna, Ms. Kuster, Ms. Leger
Fernandez, Mr. Malinowski, Mr. McEachin, Mr. McNerney, Ms. Meng, Mr.
Morelle, Mr. O'Halleran, Mr. Pocan, Ms. Sewell, Ms. Spanberger, Mr.
Torres of New York, Mr. Trone, Ms. Underwood, Mr. Veasey, and Mr.
Welch) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, and Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To make high-speed broadband internet service accessible and affordable
to all Americans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Accessible,
Affordable Internet for All Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress.
Sec. 4. Severability.
TITLE I--DIGITAL EQUITY
Sec. 1000. Definitions.
Subtitle A--Office of Internet Connectivity and Growth
Sec. 1101. Annual report of Office.
Sec. 1102. Study and report on affordability of adoption of broadband
service.
Sec. 1103. Authorization of appropriations.
Sec. 1104. Study and recommendations to connect socially disadvantaged
individuals.
Subtitle B--Digital Equity Programs
Sec. 1201. State Digital Equity Capacity Grant Program.
Sec. 1202. Digital Equity Competitive Grant Program.
Sec. 1203. Policy research, data collection, analysis and modeling,
evaluation, and dissemination.
Sec. 1204. General provisions.
TITLE II--BROADBAND AFFORDABILITY AND PRICING TRANSPARENCY
Subtitle A--Broadband Affordability
Sec. 2101. Authorization for additional funds for the Emergency
Broadband Connectivity Fund.
Sec. 2102. Grants to States to strengthen National Lifeline Eligibility
Verifier.
Sec. 2103. Federal coordination between National Eligibility Verifier
and National Accuracy Clearinghouse.
Sec. 2104. Definitions.
Subtitle B--Additional Authorization for Emergency Connectivity Fund
Sec. 2201. Additional authorization for Emergency Connectivity Fund.
Subtitle C--Pricing Transparency
Sec. 2301. Definitions.
Sec. 2302. Broadband transparency.
Sec. 2303. Distribution of data.
Sec. 2304. Coordination with certain other Federal agencies.
Sec. 2305. Adoption of consumer broadband labels.
Sec. 2306. GAO report.
TITLE III--BROADBAND ACCESS
Subtitle A--Expansion of Broadband Access
Sec. 3101. Expansion of broadband access in unserved areas and areas
with low-tier or mid-tier service.
Sec. 3102. Tribal internet expansion.
Subtitle B--Broadband Infrastructure Finance and Innovation
Sec. 3201. Short title.
Sec. 3202. Definitions.
Sec. 3203. Determination of eligibility and project selection.
Sec. 3204. Secured loans.
Sec. 3205. Lines of credit.
Sec. 3206. Alternative prudential lending standards for small projects.
Sec. 3207. Program administration.
Sec. 3208. State and local permits.
Sec. 3209. Regulations.
Sec. 3210. Funding.
Sec. 3211. Reports to Congress.
Subtitle C--Wi-Fi on School Buses
Sec. 3301. E-rate support for school bus Wi-Fi.
TITLE IV--COMMUNITY BROADBAND
Sec. 4001. State, local, public-private partnership, and co-op
broadband services.
TITLE V--BROADBAND INFRASTRUCTURE DEPLOYMENT
Sec. 5001. Broadband infrastructure deployment.
SEC. 2. DEFINITIONS.
In this Act:
(1) Aging individual.--The term ``aging individual'' has
the meaning given the term ``older individual'' in section 102
of the Older Americans Act of 1965 (42 U.S.C. 3002).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Covered household.--The term ``covered household''
means a household the income of which does not exceed 150
percent of the poverty threshold, as determined by using
criteria of poverty established by the Bureau of the Census,
for a household of the size involved.
(6) Covered populations.--The term ``covered populations''
means--
(A) individuals who are members of covered
households;
(B) aging individuals;
(C) incarcerated individuals, other than
individuals who are incarcerated in a Federal
correctional facility (including a private facility
operated under contract with the Federal Government);
(D) veterans;
(E) individuals with disabilities;
(F) individuals with a language barrier, including
individuals who--
(i) are English learners; or
(ii) have low levels of literacy;
(G) individuals who are members of a racial or
ethnic minority group; and
(H) individuals who primarily reside in a rural
area.
(7) Digital literacy.--The term ``digital literacy'' means
the skills associated with using technology to enable users to
find, evaluate, organize, create, and communicate information.
(8) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(9) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(10) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(11) Institution of higher education.--The term
``institution of higher education''--
(A) has the meaning given the term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001);
and
(B) includes a postsecondary vocational
institution.
(12) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given
the term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
(13) Rural area.--The term ``rural area'' has the meaning
given the term in section 13 of the Rural Electrification Act
of 1936 (7 U.S.C. 913).
(14) State.--The term ``State'' has the meaning given the
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(15) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
SEC. 3. SENSE OF CONGRESS.
(a) In General.--It is the sense of Congress that--
(1) a broadband service connection and digital literacy are
increasingly critical to how individuals--
(A) participate in the society, economy, and civic
institutions of the United States; and
(B) access health care and essential services,
obtain education, and build careers;
(2) digital exclusion--
(A) carries a high societal and economic cost;
(B) materially harms the opportunity of an
individual with respect to the economic success,
educational achievement, positive health outcomes,
social inclusion, and civic engagement of that
individual;
(C) materially harms the opportunity of areas where
it is especially widespread with respect to economic
success, educational achievement, positive health
outcomes, social cohesion, and civic institutions; and
(D) exacerbates existing wealth and income gaps,
especially those experienced by covered populations and
between regions;
(3) achieving accessible and affordable access to broadband
service, as well as digital literacy, for all people of the
United States requires additional and sustained research
efforts and investment;
(4) the Federal Government, as well as State, Tribal, and
local governments, have made social, legal, and economic
obligations that necessarily extend to how the citizens and
residents of those governments access and use the internet; and
(5) achieving accessible and affordable access to broadband
service is a matter of social and economic justice and is worth
pursuing.
(b) Broadband Service Defined.--In this section, the term
``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.
SEC. 4. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be invalid, the remainder of this Act and the
amendments made by this Act, and the application of such provision or
amendment to any other person or circumstance, shall not be affected
thereby.
TITLE I--DIGITAL EQUITY
SEC. 1000. DEFINITIONS.
In this title:
(1) Adoption of broadband service.--The term ``adoption of
broadband service'' means the process by which an individual
obtains daily access to broadband service--
(A) with a download speed of at least 25 megabits
per second, an upload speed of at least 3 megabits per
second, and a latency that is sufficiently low to allow
real-time, interactive applications;
(B) with the digital skills that are necessary for
the individual to participate online; and
(C) on a--
(i) personal device; and
(ii) secure and convenient network.
(2) Anchor institution.--The term ``anchor institution''
means a public or private school, a library, a medical or
healthcare provider, a museum, a public safety entity, a public
housing agency, a community college, an institution of higher
education, a religious organization, or any other community
support organization or agency.
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary, acting through the Office.
(4) Broadband service.--The term ``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.
(5) Covered programs.--The term ``covered programs'' means
the State Digital Equity Capacity Grant Program established
under section 1201 and the Digital Equity Competitive Grant
Program established under section 1202.
(6) Digital equity.--The term ``digital equity'' means the
condition in which individuals and communities have the
information technology capacity that is needed for full
participation in the society and economy of the United States.
(7) Digital inclusion activities.--The term ``digital
inclusion activities''--
(A) 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
communication technologies, such as--
(i) reliable broadband service;
(ii) internet-enabled devices that meet the
needs of the user; and
(iii) applications and online content
designed to enable and encourage self-
sufficiency, participation, and collaboration;
and
(B) includes--
(i) the provision of digital literacy
training;
(ii) the provision of quality technical
support; and
(iii) promoting basic awareness of measures
to ensure online privacy and cybersecurity.
(8) Eligible state.--The term ``eligible State'' means--
(A) with respect to planning grants made available
under section 1201(c)(3), a State with respect to which
the Assistant Secretary has approved an application
submitted to the Assistant Secretary under subparagraph
(C) of such section; and
(B) with respect to capacity grants awarded under
section 1201(d), a State with respect to which the
Assistant Secretary has approved an application
submitted to the Assistant Secretary under paragraph
(2) of such section.
(9) Federal broadband support program.--The term ``Federal
broadband support program'' has the meaning given such term in
section 903 of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116-260).
(10) Gender identity.--The term ``gender identity'' has the
meaning given the term in section 249(c) of title 18, United
States Code.
(11) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in section
8101(30) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(30)).
(12) Medicaid enrollee.--The term ``Medicaid enrollee''
means, with respect to a State, an individual enrolled in the
State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) or a waiver of that plan.
(13) National lifeline eligibility verifier.--The term
``National Lifeline Eligibility Verifier'' has the meaning
given such term in section 54.400 of title 47, Code of Federal
Regulations (or any successor regulation).
(14) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means any organization--
(A) that serves the interests of Native Hawaiians;
(B) in which Native Hawaiians serve in substantive
and policymaking positions;
(C) that has as a primary and stated purpose the
provision of services to Native Hawaiians; and
(D) that is recognized for having expertise in
Native Hawaiian affairs, digital connectivity, or
access to broadband service.
(15) Office.--The term ``Office'' means the Office of
Internet Connectivity and Growth within the National
Telecommunications and Information Administration.
(16) Public housing agency.--The term ``public housing
agency'' has the meaning given the term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(17) SNAP participant.--The term ``SNAP participant'' means
an individual who is a member of a household that participates
in the supplemental nutrition assistance program under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(18) Socially and economically disadvantaged small business
concern.--The term ``socially and economically disadvantaged
small business concern'' has the meaning given the term in
section 8(a)(4) of the Small Business Act (15 U.S.C.
637(a)(4)).
(19) Tribally designated entity.--The term ``tribally
designated entity'' means an entity designated by an Indian
Tribe to carry out activities under this title.
(20) Universal service fund program.--The term ``Universal
Service Fund Program'' has the meaning given such term in
section 903 of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116-260).
(21) Workforce development program.--The term ``workforce
development program'' has the meaning given the term in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
Subtitle A--Office of Internet Connectivity and Growth
SEC. 1101. ANNUAL REPORT OF OFFICE.
Section 903(c)(2)(C) of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended by adding at
the end the following:
``(iv) A description of any non-economic
benefits of such broadband deployment efforts,
including any effect on civic engagement.
``(v) The extent to which residents of the
United States that received broadband as a
result of Federal broadband support programs
and the Universal Service Fund Programs
received broadband at the download and upload
speeds required by such programs.''.
SEC. 1102. STUDY AND REPORT ON AFFORDABILITY OF ADOPTION OF BROADBAND
SERVICE.
Section 903 of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116-260) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Study and Report on Affordability of Adoption of Broadband
Service.--
``(1) Study.--The Office, in consultation with the
Commission, the Department of Agriculture, the Department of
the Treasury, and such other Federal agencies as the Office
considers appropriate, shall, not later than 1 year after the
date of the enactment of this subsection, and biennially
thereafter, conduct a study that examines the following:
``(A) The number of households for which cost is a
barrier to the adoption of broadband service, the
financial circumstances of such households, and whether
such households are eligible for the emergency
broadband benefit under section 904 of division N.
``(B) The extent to which the cost of adoption of
broadband service is a financial burden to households
that have adopted broadband service, the financial
circumstances of such financially burdened households,
and whether such households are receiving the emergency
broadband benefit under section 904 of division N.
``(C) The appropriate standard to determine whether
adoption of broadband service is affordable for
households, given the financial circumstances of such
households.
``(D) The feasibility of providing additional
Federal subsidies, including expanding the eligibility
for or increasing the amount of the emergency broadband
benefit under section 904 of division N, to households
to cover the difference between the cost of adoption of
broadband service (determined before applying such
additional Federal subsidies) and the price at which
adoption of broadband service would be affordable.
``(E) How a program to provide additional Federal
subsidies as described in subparagraph (D) should be
administered to most effectively facilitate adoption of
broadband service at the lowest overall expense to the
Federal Government, including measures that would
ensure that the availability of the subsidies does not
result in providers raising the price of broadband
service for households receiving subsidies.
``(F) How participation in the Lifeline program of
the Commission has changed in the 5 years prior to the
date of the enactment of this Act, including--
``(i) geographic information at the census-
block level depicting the scale of change in
participation in each area; and
``(ii) information on changes in
participation by specific types of Lifeline-
supported services, including fixed voice
telephony service, mobile voice telephony
service, fixed broadband service, and mobile
broadband service and, in the case of any
Lifeline-supported services provided as part of
a bundle of services to which a Lifeline
discount is applied, which Lifeline-supported
services are part of such bundle and whether or
not each Lifeline-supported service in such
bundle meets Lifeline minimum service
standards.
``(G) How competition impacts the price of
broadband service, including the impact of monopolistic
business practices by broadband service providers.
``(H) The extent to which, if at all, the Universal
Service Fund high-cost programs have enabled access to
reasonably comparable telephony and broadband services
at reasonably comparable rates in high-cost rural areas
as required by the Communications Act of 1934 (47
U.S.C. 151 et seq.), including a comparison of the
rates charged by recipients of support under such
programs in rural areas and rates charged in urban
areas, as determined by the Commission's annual survey.
``(2) Report.--Not later than 1 year after the date of the
enactment of this subsection, and biennially thereafter, the
Office shall submit to Congress a report on the results of the
study conducted under paragraph (1).
``(3) Definitions.--In this subsection:
``(A) Cost.--The term `cost' means, with respect to
adoption of broadband service, the cost of adoption of
broadband service to a household after applying any
subsidies that reduce such cost.
``(B) Other definitions.--The terms `adoption of
broadband service' and `broadband service' have the
meanings given such terms in section 1000 of the
Accessible, Affordable Internet for All Act.''.
SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Assistant Secretary
$26,000,000 for each of the fiscal years 2022 through 2026 for the
operations of the Office.
SEC. 1104. STUDY AND RECOMMENDATIONS TO CONNECT SOCIALLY DISADVANTAGED
INDIVIDUALS.
Section 903 of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116-260), as amended by section 1102, is further
amended by inserting before subsection (i) (as redesignated by such
section) the following:
``(h) Study and Recommendations To Connect Socially Disadvantaged
Individuals.--
``(1) In general.--Not later than 12 months after the date
of the enactment of this subsection, the Office, in
consultation with the Commission and the Rural Utilities
Service of the Department of Agriculture, shall, after public
notice and an opportunity for comment, conduct a study to
assess the extent to which Federal funds for broadband service,
including the Universal Service Fund Programs and other Federal
broadband support programs, have expanded access to and
adoption of broadband service by socially disadvantaged
individuals as compared to individuals who are not socially
disadvantaged individuals.
``(2) Report and publication.--
``(A) Submission.--Not later than 18 months after
the date of the enactment of this subsection, the
Office shall submit a report on the results of the
study under paragraph (1) to--
``(i) the Committee on Energy and Commerce
of the House of Representatives;
``(ii) the Committee on Commerce, Science,
and Transportation of the Senate; and
``(iii) each agency administering a program
evaluated by such report.
``(B) Public publication.--Contemporaneously with
submitting the report required by subparagraph (A), the
Office shall publish such report on the public-facing
website of the Office.
``(C) Recommendations.--The report required by
subparagraph (A) shall include recommendations with
regard to how Federal funds for the Universal Service
Fund Programs and Federal broadband support programs
may be dispersed in an a manner that better expands
access to and adoption of broadband service by socially
disadvantaged individuals as compared to individuals
who are not socially disadvantaged individuals.
``(3) Definitions.--In this subsection:
``(A) Socially disadvantaged individual.--The term
`socially disadvantaged individual' has the meaning
given that term in section 8 of the Small Business Act
(15 U.S.C. 637).
``(B) Other definitions.--The terms `adoption of
broadband service' and `broadband service' have the
meanings given such terms in section 1000 of the
Accessible, Affordable Internet for All Act.''.
Subtitle B--Digital Equity Programs
SEC. 1201. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.
(a) Establishment; Purpose.--
(1) In general.--The Assistant Secretary shall establish in
the Office the State Digital Equity Capacity Grant Program
(referred to in this section as the ``Program'')--
(A) the purpose of which is to promote the
achievement of digital equity, support digital
inclusion activities, and build capacity for efforts by
States relating to the adoption of broadband service by
residents of those States;
(B) through which the Assistant Secretary shall
make grants to States in accordance with the
requirements of this section; and
(C) which shall ensure that States have the
capacity to promote the achievement of digital equity
and support digital inclusion activities.
(2) Consultation with other federal agencies; no
conflict.--In establishing the Program under paragraph (1), the
Assistant Secretary shall--
(A) consult with--
(i) the Secretary of Agriculture;
(ii) the Secretary of Housing and Urban
Development;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human
Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of the Interior;
(viii) the Assistant Secretary for Indian
Affairs of the Department of the Interior;
(ix) the Commission;
(x) the Federal Trade Commission;
(xi) the Director of the Institute of
Museum and Library Services;
(xii) the Administrator of the Small
Business Administration;
(xiii) the Federal Cochairman of the
Appalachian Regional Commission; and
(xiv) the head of any other Federal agency
that the Assistant Secretary determines to be
appropriate; and
(B) ensure that the Program complements and
enhances, and does not conflict with, other Federal
broadband support programs and Universal Service Fund
Programs.
(3) Tribal and native hawaiian consultation and
engagement.--In establishing the Program under paragraph (1),
the Assistant Secretary shall conduct robust, interactive, pre-
decisional, transparent consultation with Indian Tribes and
Native Hawaiian organizations.
(b) Administering Entity.--
(1) Selection; function.--The governor (or equivalent
official) of a State that wishes to be awarded a grant under
this section shall, from among entities that are eligible under
paragraph (2), select an administering entity for that State,
which shall--
(A) serve as the recipient of, and administering
agent for, any grant awarded to the State under this
section;
(B) develop, implement, and oversee the State
Digital Equity Plan for the State described in
subsection (c);
(C) make subgrants to any of the entities described
in clauses (i) through (xi) of subsection (c)(1)(D)
that is located in the State in support of--
(i) the State Digital Equity Plan for the
State; and
(ii) digital inclusion activities in the
State generally; and
(D) serve as--
(i) an advocate for digital equity policies
and digital inclusion activities; and
(ii) a repository of best practice
materials regarding the policies and activities
described in clause (i).
(2) Eligible entities.--Any of the following entities may
serve as the administering entity for a State for the purposes
of this section if the entity has demonstrated a capacity to
administer the Program on a statewide level:
(A) The State.
(B) A political subdivision, agency, or
instrumentality of the State.
(C) An Indian Tribe located in the State, a
tribally designated entity located in the State, or a
Native Hawaiian organization located in the State.
(c) State Digital Equity Plan.--
(1) Development; contents.--A State that wishes to be
awarded a grant under subsection (d) shall develop a State
Digital Equity Plan for the State, which shall include--
(A) an identification of the barriers to digital
equity faced by covered populations in the State;
(B) measurable objectives for documenting and
promoting, among each group described in subparagraphs
(A) through (H) of section 2(6) located in that State--
(i) the availability of, and affordability
of access to, broadband service and technology
needed for the use of broadband service;
(ii) public awareness of such availability
and affordability and of subsidies available to
increase such affordability (including
subsidies available through the Lifeline
program of the Commission), including
objectives to--
(I) inform Medicaid enrollees and
SNAP participants, and organizations
that serve Medicaid enrollees and SNAP
participants, of potential eligibility
for the Lifeline program; and
(II) provide Medicaid enrollees and
SNAP participants with information
about the Lifeline program, including--
(aa) how to apply for the
Lifeline program; and
(bb) a description of the
prohibition on more than one
subscriber in each household
receiving a service provided
under the Lifeline program;
(iii) the online accessibility and
inclusivity of public resources and services;
(iv) digital literacy;
(v) awareness of, and the use of, measures
to secure the online privacy of, and
cybersecurity with respect to, an individual;
and
(vi) the availability and affordability of
consumer devices and technical support for
those devices;
(C) an assessment of how the objectives described
in subparagraph (B) will impact and interact with the
State's--
(i) economic and workforce development
goals, plans, and outcomes;
(ii) educational outcomes;
(iii) health outcomes;
(iv) civic and social engagement; and
(v) delivery of other essential services;
(D) in order to achieve the objectives described in
subparagraph (B), a description of how the State plans
to collaborate with key stakeholders in the State,
which may include--
(i) anchor institutions;
(ii) county and municipal governments;
(iii) local educational agencies;
(iv) where applicable, Indian Tribes,
tribally designated entities, or Native
Hawaiian organizations;
(v) nonprofit organizations;
(vi) organizations that represent--
(I) individuals with disabilities,
including organizations that represent
children with disabilities;
(II) aging individuals;
(III) individuals with a language
barrier, including individuals who--
(aa) are English learners;
or
(bb) have low levels of
literacy;
(IV) veterans;
(V) individuals residing in rural
areas; and
(VI) incarcerated individuals in
that State, other than individuals who
are incarcerated in a Federal
correctional facility (including a
private facility operated under
contract with the Federal Government);
(vii) civil rights organizations;
(viii) entities that carry out workforce
development programs;
(ix) agencies of the State that are
responsible for administering or supervising
adult education and literacy activities in the
State;
(x) public housing agencies whose
jurisdictions are located in the State; and
(xi) a consortium of any of the entities
described in clauses (i) through (x); and
(E) a list of organizations with which the
administering entity for the State collaborated in
developing and implementing the Plan.
(2) Public availability.--
(A) In general.--The administering entity for a
State shall make the State Digital Equity Plan of the
State available for public comment for a period of not
less than 30 days before the date on which the State
submits an application to the Assistant Secretary under
subsection (d)(2).
(B) Consideration of comments received.--The
administering entity for a State shall, with respect to
an application submitted to the Assistant Secretary
under subsection (d)(2)--
(i) before submitting the application--
(I) consider all comments received
during the comment period described in
subparagraph (A) with respect to the
application (referred to in this
subparagraph as the ``comment
period''); and
(II) make any changes to the plan
that the administering entity
determines to be appropriate; and
(ii) when submitting the application--
(I) describe any changes pursued by
the administering entity in response to
comments received during the comment
period; and
(II) include a written response to
each comment received during the
comment period.
(3) Planning grants.--
(A) In general.--Beginning in the first fiscal year
that begins after the date of the enactment of this
Act, the Assistant Secretary shall, in accordance with
the requirements of this paragraph, award planning
grants to States for the purpose of developing the
State Digital Equity Plans of those States under this
subsection.
(B) Eligibility.--In order to be awarded a planning
grant under this paragraph, a State--
(i) shall submit to the Assistant Secretary
an application under subparagraph (C); and
(ii) may not have been awarded, at any
time, a planning grant under this paragraph.
(C) Application.--A State that wishes to be awarded
a planning grant under this paragraph shall, not later
than 60 days after the date on which the notice of
funding availability with respect to the grant is
released, submit to the Assistant Secretary an
application, in a format to be determined by the
Assistant Secretary, that contains the following
materials:
(i) A description of the entity selected to
serve as the administering entity for the
State, as described in subsection (b).
(ii) A certification from the State that,
not later than 1 year after the date on which
the Assistant Secretary awards the planning
grant to the State, the administering entity
for that State will submit to the Assistant
Secretary a State Digital Equity Plan developed
under this subsection, which will comply with
the requirements of this subsection, including
the requirements of paragraph (2).
(iii) The assurances required under
subsection (e).
(D) Awards.--
(i) Amount of grant.--The amount of a
planning grant awarded to an eligible State
under this paragraph shall be determined
according to the formula under subsection
(d)(3)(A)(i).
(ii) Duration.--
(I) In general.--Except as provided
in subclause (II), with respect to a
planning grant awarded to an eligible
State under this paragraph, the State
shall expend the grant funds during the
1-year period beginning on the date on
which the State is awarded the grant
funds.
(II) Exception.--The Assistant
Secretary may grant an extension of not
longer than 180 days with respect to
the requirement under subclause (I).
(iii) Challenge mechanism.--The Assistant
Secretary shall ensure that any eligible State
to which a planning grant is awarded under this
paragraph may appeal or otherwise challenge in
a timely fashion the amount of the grant
awarded to the State, as determined under
clause (i).
(E) Use of funds.--An eligible State to which a
planning grant is awarded under this paragraph shall,
through the administering entity for that State, use
the grant funds only for the following purposes:
(i) To develop the State Digital Equity
Plan of the State under this subsection.
(ii)(I) Subject to subclause (II), to make
subgrants to any of the entities described in
clauses (i) through (xi) of paragraph (1)(D) to
assist in the development of the State Digital
Equity Plan of the State under this subsection.
(II) If the administering entity for a
State makes a subgrant described in subclause
(I), the administering entity shall, with
respect to the subgrant, provide to the State
the assurances required under subsection (e).
(d) State Capacity Grants.--
(1) In general.--Beginning not later than 2 years after the
date on which the Assistant Secretary begins awarding planning
grants under subsection (c)(3), the Assistant Secretary shall
each year award grants to eligible States to support--
(A) the implementation of the State Digital Equity
Plans of those States; and
(B) digital inclusion activities in those States.
(2) Application.--A State that wishes to be awarded a grant
under this subsection shall, not later than 60 days after the
date on which the notice of funding availability with respect
to the grant is released, submit to the Assistant Secretary an
application, in a format to be determined by the Assistant
Secretary, that contains the following materials:
(A) A description of the entity selected to serve
as the administering entity for the State, as described
in subsection (b).
(B) The State Digital Equity Plan of that State, as
described in subsection (c).
(C) A certification that the State, acting through
the administering entity for the State, shall--
(i) implement the State Digital Equity Plan
of the State; and
(ii) make grants in a manner that is
consistent with the aims of the Plan described
in clause (i).
(D) The assurances required under subsection (e).
(E) In the case of a State to which the Assistant
Secretary has previously awarded a grant under this
subsection, any amendments to the State Digital Equity
Plan of that State, as compared with the State Digital
Equity Plan of the State previously submitted.
(3) Awards.--
(A) Amount of grant.--
(i) Formula.--Subject to clauses (ii),
(iii), and (iv), the Assistant Secretary shall
calculate the amount of a grant awarded to an
eligible State under this subsection in
accordance with the following criteria, using
the best available data for all States for the
fiscal year in which the grant is awarded:
(I) 50 percent of the total grant
amount shall be based on the population
of the eligible State in proportion to
the total population of all eligible
States.
(II) 25 percent of the total grant
amount shall be based on the number of
individuals in the eligible State who
are members of covered populations in
proportion to the total number of
individuals in all eligible States who
are members of covered populations.
(III) 25 percent of the total grant
amount shall be based on the lack of
availability of broadband service and
lack of adoption of broadband service
in the eligible State in proportion to
the lack of availability of broadband
service and lack of adoption of
broadband service in all eligible
States, which shall be determined
according to data collected--
(aa) from the annual
inquiry of the Commission
conducted under section 706(b)
of the Telecommunications Act
of 1996 (47 U.S.C. 1302(b));
(bb) from the American
Community Survey or, if
necessary, other data collected
by the Bureau of the Census;
(cc) from the Internet and
Computer Use Supplement to the
Current Population Survey of
the Bureau of the Census;
(dd) by the Commission
pursuant to the rules issued
under section 802 of the
Communications Act of 1934 (47
U.S.C. 642); and
(ee) from any other source
that the Assistant Secretary,
after appropriate notice and
opportunity for public comment,
determines to be appropriate.
(ii) Minimum award.--The amount of a grant
awarded to an eligible State under this
subsection in a fiscal year shall be not less
than 0.5 percent of the total amount made
available to award grants to eligible States
for that fiscal year.
(iii) Additional amounts.--If, after
awarding planning grants to States under
subsection (c)(3) and capacity grants to
eligible States under this subsection in a
fiscal year, there are amounts remaining to
carry out this section, the Assistant Secretary
shall distribute those amounts--
(I) to eligible States to which the
Assistant Secretary has awarded grants
under this subsection for that fiscal
year; and
(II) in accordance with the formula
described in clause (i).
(iv) Data unavailable.--If, in a fiscal
year, the Commonwealth of Puerto Rico (referred
to in this clause as ``Puerto Rico'') is an
eligible State and specific data for Puerto
Rico is unavailable for a factor described in
subclause (I), (II), or (III) of clause (i),
the Assistant Secretary shall use the median
data point with respect to that factor among
all eligible States and assign it to Puerto
Rico for the purposes of making any calculation
under that clause for that fiscal year.
(B) Duration.--With respect to a grant awarded to
an eligible State under this subsection, the eligible
State shall expend the grant funds during the 5-year
period beginning on the date on which the eligible
State is awarded the grant funds.
(C) Challenge mechanism.--The Assistant Secretary
shall ensure that any eligible State to which a grant
is awarded under this subsection may appeal or
otherwise challenge in a timely fashion the amount of
the grant awarded to the State, as determined under
subparagraph (A).
(D) Use of funds.--The administering entity for an
eligible State to which a grant is awarded under this
subsection shall use the grant amounts for the
following purposes:
(i)(I) Subject to subclause (II), to update
or maintain the State Digital Equity Plan of
the State.
(II) An administering entity for an
eligible State to which a grant is awarded
under this subsection may use not more than 20
percent of the amount of the grant for the
purpose described in subclause (I).
(ii) To implement the State Digital Equity
Plan of the State.
(iii)(I) Subject to subclause (II), to
award a grant to any entity that is described
in section 1202(b) and is located in the
eligible State in order to--
(aa) assist in the implementation
of the State Digital Equity Plan of the
State;
(bb) pursue digital inclusion
activities in the State consistent with
the State Digital Equity Plan of the
State; and
(cc) report to the State regarding
the digital inclusion activities of the
entity.
(II) Before an administering entity for an
eligible State may award a grant under
subclause (I), the administering entity shall
require the entity to which the grant is
awarded to certify that--
(aa) the entity shall carry out the
activities required under items (aa),
(bb), and (cc) of that subclause;
(bb) the receipt of the grant shall
not result in unjust enrichment of the
entity; and
(cc) the entity shall cooperate
with any evaluation--
(AA) of any program that
relates to a grant awarded to
the entity; and
(BB) that is carried out by
or for the administering
entity, the Assistant
Secretary, or another Federal
official.
(iv)(I) Subject to subclause (II), to
evaluate the efficacy of the efforts funded by
grants made under clause (iii).
(II) An administering entity for an
eligible State to which a grant is awarded
under this subsection may use not more than 5
percent of the amount of the grant for a
purpose described in subclause (I).
(v)(I) Subject to subclause (II), for the
administrative costs incurred in carrying out
the activities described in clauses (i) through
(iv).
(II) An administering entity for an
eligible State to which a grant is awarded
under this subsection may use not more than 3
percent of the amount of the grant for the
purpose described in subclause (I).
(e) Assurances.--When applying for a grant under this section, a
State shall include in the application for that grant assurances that--
(1) if any of the entities described in clauses (i) through
(xi) of subsection (c)(1)(D) or section 1202(b) is awarded
grant funds under this section (referred to in this subsection
as a ``covered recipient''), provide that--
(A) the covered recipient shall use the grant funds
in accordance with any applicable statute, regulation,
or application procedure;
(B) the administering entity for that State shall
adopt and use proper methods of administering any grant
that the covered recipient is awarded, including by--
(i) enforcing any obligation imposed under
law on any agency, institution, organization,
or other entity that is responsible for
carrying out the program to which the grant
relates;
(ii) correcting any deficiency in the
operation of a program to which the grant
relates, as identified through an audit or
another monitoring or evaluation procedure; and
(iii) adopting written procedures for the
receipt and resolution of complaints alleging a
violation of law with respect to a program to
which the grant relates; and
(C) the administering entity for that State shall
cooperate in carrying out any evaluation--
(i) of any program that relates to a grant
awarded to the covered recipient; and
(ii) that is carried out by or for the
Assistant Secretary or another Federal
official;
(2) the administering entity for that State shall--
(A) use fiscal control and fund accounting
procedures that ensure the proper disbursement of, and
accounting for, any Federal funds that the State is
awarded under this section;
(B) submit to the Assistant Secretary any reports
that may be necessary to enable the Assistant Secretary
to perform the duties of the Assistant Secretary under
this section;
(C) maintain any records and provide any
information to the Assistant Secretary, including those
records, that the Assistant Secretary determines is
necessary to enable the Assistant Secretary to perform
the duties of the Assistant Secretary under this
section; and
(D) with respect to any significant proposed change
or amendment to the State Digital Equity Plan for the
State, make the change or amendment available for
public comment in accordance with subsection (c)(2);
and
(3) the State, before submitting to the Assistant Secretary
the State Digital Equity Plan of the State, has complied with
the requirements of subsection (c)(2).
(f) Termination of Grant.--
(1) In general.--In addition to other authority under
applicable law, the Assistant Secretary shall terminate a grant
awarded to an eligible State under this section if, after
notice to the State and opportunity for a hearing, the
Assistant Secretary determines, and presents to the State a
rationale and supporting information that clearly demonstrates,
that--
(A) the grant funds are not contributing to the
development or implementation of the State Digital
Equity Plan of the State, as applicable;
(B) the State is not upholding assurances made by
the State to the Assistant Secretary under subsection
(e); or
(C) the grant is no longer necessary to achieve the
original purpose for which the Assistant Secretary
awarded the grant.
(2) Redistribution.--If the Assistant Secretary, in a
fiscal year, terminates a grant under paragraph (1) or under
other authority under applicable law, the Assistant Secretary
shall redistribute the unspent grant amounts--
(A) to eligible States to which the Assistant
Secretary has awarded grants under subsection (d) for
that fiscal year; and
(B) in accordance with the formula described in
subsection (d)(3)(A)(i).
(g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
(1) shall--
(A) require any entity to which a grant, including
a subgrant, is awarded under this section to publicly
report, for each year during the period described in
subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable,
with respect to the grant, and in a format specified by
the Assistant Secretary, on--
(i) the use of that grant by the entity;
(ii) the progress of the entity towards
fulfilling the objectives for which the grant
was awarded; and
(iii) the implementation of the State
Digital Equity Plan of the State;
(B) establish appropriate mechanisms to ensure that
any entity to which a grant, including a subgrant, is
awarded under this section--
(i) uses the grant amounts in an
appropriate manner; and
(ii) complies with all terms with respect
to the use of the grant amounts; and
(C) create and maintain a fully searchable
database, which shall be accessible on the internet at
no cost to the public, that contains, at a minimum--
(i) the application of each State that has
applied for a grant under this section;
(ii) the status of each application
described in clause (i);
(iii) each report submitted by an entity
under subparagraph (A);
(iv) a record of public comments received
during the comment period described in
subsection (c)(2)(A) regarding the State
Digital Equity Plan of a State, as well as any
written responses to or actions taken as a
result of those comments; and
(v) any other information that the
Assistant Secretary considers appropriate to
ensure that the public has sufficient
information to understand and monitor grants
awarded under this section; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under this section.
(h) Supplement, Not Supplant.--A grant or subgrant awarded under
this section shall supplement, not supplant, other Federal or State
funds that have been made available to carry out activities described
in this section.
(i) Set Asides.--From amounts made available in a fiscal year to
carry out the Program, the Assistant Secretary shall reserve--
(1) not more than 5 percent for the implementation and
administration of the Program, which shall include--
(A) providing technical support and assistance,
including ensuring consistency in data reporting;
(B) providing assistance to--
(i) States, or administering entities for
States, to prepare the applications of those
States; and
(ii) administering entities with respect to
grants awarded under this section;
(C) developing the report required under section
1203(a); and
(D) providing assistance specific to Indian Tribes,
tribally designated entities, and Native Hawaiian
organizations, including--
(i) conducting annual outreach to Indian
Tribes and Native Hawaiian organizations on the
availability of technical assistance for
applying for or otherwise participating in the
Program;
(ii) providing technical assistance at the
request of any Indian Tribe, tribally
designated entity, or Native Hawaiian
organization that is applying for or
participating in the Program in order to
facilitate the fulfillment of any applicable
requirements in subsections (c) and (d); and
(iii) providing additional technical
assistance at the request of any Indian Tribe,
tribally designated entity, or Native Hawaiian
organization that is applying for or
participating in the Program to improve the
development or implementation of a Digital
Equity plan, such as--
(I) assessing all Federal programs
that are available to assist the Indian
Tribe, tribally designated entity, or
Native Hawaiian organization in meeting
the goals of a Digital Equity plan;
(II) identifying all applicable
Federal, State, and Tribal statutory
provisions, regulations, policies, and
procedures that the Assistant Secretary
determines are necessary to adhere to
for the deployment of broadband
service;
(III) identifying obstacles to the
deployment of broadband service under a
Digital Equity plan, as well as
potential solutions; or
(IV) identifying activities that
may be necessary to the success of a
Digital Equity plan, including digital
literacy training, technical support,
privacy and cybersecurity expertise,
and other end-user technology needs;
and
(2) not less than 5 percent to award grants directly to
Indian Tribes, tribally designated entities, and Native
Hawaiian organizations to allow those Tribes, entities, and
organizations to carry out the activities described in this
section.
(j) Rules.--The Assistant Secretary may prescribe such rules as may
be necessary to carry out this section.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Assistant Secretary--
(1) for the award of grants under subsection (c)(3),
$60,000,000 for fiscal year 2022, and such amount is authorized
to remain available through fiscal year 2026; and
(2) for the award of grants under subsection (d),
$625,000,000 for fiscal year 2022, and such amount is
authorized to remain available through fiscal year 2026.
SEC. 1202. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 30 days after the date on
which the Assistant Secretary begins awarding grants under
section 1201(d), and not before that date, the Assistant
Secretary shall establish in the Office the Digital Equity
Competitive Grant Program (referred to in this section as the
``Program''), the purpose of which is to award grants to
support efforts to achieve digital equity, promote digital
inclusion activities, and spur greater adoption of broadband
service among covered populations.
(2) Consultation; no conflict.--In establishing the Program
under paragraph (1), the Assistant Secretary--
(A) may consult a State with respect to--
(i) the identification of groups described
in subparagraphs (A) through (H) of section
2(6) located in that State; and
(ii) the allocation of grant funds within
that State for projects in or affecting the
State; and
(B) shall--
(i) consult with--
(I) the Secretary of Agriculture;
(II) the Secretary of Housing and
Urban Development;
(III) the Secretary of Education;
(IV) the Secretary of Labor;
(V) the Secretary of Health and
Human Services;
(VI) the Secretary of Veterans
Affairs;
(VII) the Secretary of the
Interior;
(VIII) the Assistant Secretary for
Indian Affairs of the Department of the
Interior;
(IX) the Commission;
(X) the Federal Trade Commission;
(XI) the Director of the Institute
of Museum and Library Services;
(XII) the Administrator of the
Small Business Administration;
(XIII) the Federal Cochairman of
the Appalachian Regional Commission;
and
(XIV) the head of any other Federal
agency that the Assistant Secretary
determines to be appropriate; and
(ii) ensure that the Program complements
and enhances, and does not conflict with, other
Federal broadband support programs and
Universal Service Fund Programs.
(b) Eligibility.--The Assistant Secretary may award a grant under
the Program to any of the following entities if the entity is not
serving, and has not served, as the administering entity for a State
under section 1201(b):
(1) A political subdivision, agency, or instrumentality of
a State, including an agency of a State that is responsible for
administering or supervising adult education and literacy
activities in the State.
(2) An Indian Tribe, a tribally designated entity, or a
Native Hawaiian organization.
(3) An entity that is--
(A) a not-for-profit entity; and
(B) not a school.
(4) An anchor institution.
(5) A local educational agency.
(6) An entity that carries out a workforce development
program.
(7) A consortium of any of the entities described in
paragraphs (1) through (6).
(8) A consortium of--
(A) an entity described in any of paragraphs (1)
through (6); and
(B) an entity that--
(i) the Assistant Secretary, by rule,
determines to be in the public interest; and
(ii) is not a school.
(c) Application.--An entity that wishes to be awarded a grant under
the Program shall submit to the Assistant Secretary an application--
(1) at such time, in such form, and containing such
information as the Assistant Secretary may require; and
(2) that--
(A) provides a detailed explanation of how the
entity will use any grant amounts awarded under the
Program to carry out the purposes of the Program in an
efficient and expeditious manner;
(B) identifies the period in which the applicant
will expend the grant funds awarded under the Program;
(C) includes--
(i) a justification for the amount of the
grant that the applicant is requesting; and
(ii) for each fiscal year in which the
applicant will expend the grant funds, a budget
for the activities that the grant funds will
support;
(D) demonstrates to the satisfaction of the
Assistant Secretary that the entity--
(i) is capable of carrying out the project
or function to which the application relates
and the activities described in subsection
(h)--
(I) in a competent manner; and
(II) in compliance with all
applicable Federal, State, and local
laws; and
(ii) if the applicant is an entity
described in subsection (b)(1), will
appropriate or otherwise unconditionally
obligate from non-Federal sources funds that
are necessary to meet the requirements of
subsection (e);
(E) discloses to the Assistant Secretary the source
and amount of other Federal, State, or outside funding
sources from which the entity receives, or has applied
for, funding for activities or projects to which the
application relates; and
(F) provides--
(i) the assurances that are required under
subsection (f); and
(ii) an assurance that the entity shall
follow such additional procedures as the
Assistant Secretary may require to ensure that
grant funds are used and accounted for in an
appropriate manner.
(d) Award of Grants.--
(1) Factors considered in award of grants.--In deciding
whether to award a grant under the Program, the Assistant
Secretary shall, to the extent practicable, consider--
(A) whether--
(i) an application will, if approved--
(I) increase access to broadband
service and the adoption of broadband
service among covered populations to be
served by the applicant; and
(II) not result in unjust
enrichment; and
(ii) the applicant is, or plans to
subcontract with, a socially and economically
disadvantaged small business concern;
(B) the comparative geographic diversity of the
application in relation to other eligible applications;
and
(C) the extent to which an application may
duplicate or conflict with another program.
(2) Use of funds.--
(A) In general.--In addition to the activities
required under subparagraph (B), an entity to which the
Assistant Secretary awards a grant under the Program
shall use the grant amounts to support not less than
one of the following activities:
(i) To develop and implement digital
inclusion activities that benefit covered
populations.
(ii) To facilitate the adoption of
broadband service by covered populations,
including by raising awareness of subsidies
available to increase affordability of such
service (including subsidies available through
the Commission), in order to provide
educational and employment opportunities to
those populations.
(iii) To implement, consistent with the
purposes of this subtitle--
(I) training programs for covered
populations that cover basic, advanced,
and applied skills; or
(II) other workforce development
programs.
(iv) To make available equipment,
instrumentation, networking capability,
hardware and software, or digital network
technology for broadband service to covered
populations at low or no cost.
(v) To construct, upgrade, expend, or
operate new or existing public access computing
centers for covered populations through anchor
institutions.
(vi) To undertake any other project or
activity that the Assistant Secretary finds to
be consistent with the purposes for which the
Program is established.
(B) Evaluation.--
(i) In general.--An entity to which the
Assistant Secretary awards a grant under the
Program shall use not more than 10 percent of
the grant amounts to measure and evaluate the
activities supported with the grant amounts.
(ii) Submission to assistant secretary.--An
entity to which the Assistant Secretary awards
a grant under the Program shall submit to the
Assistant Secretary each measurement and
evaluation performed under clause (i)--
(I) in a manner specified by the
Assistant Secretary;
(II) not later than 15 months after
the date on which the entity is awarded
the grant amounts; and
(III) annually after the submission
described in subclause (II) for any
year in which the entity expends grant
amounts.
(C) Administrative costs.--An entity to which the
Assistant Secretary awards a grant under the Program
may use not more than 10 percent of the amount of the
grant for administrative costs in carrying out any of
the activities described in subparagraph (A).
(D) Time limitations.--With respect to a grant
awarded to an entity under the Program, the entity--
(i) except as provided in clause (ii),
shall expend the grant amounts during the 4-
year period beginning on the date on which the
entity is awarded the grant amounts; and
(ii) during the 1-year period beginning on
the date that is 4 years after the date on
which the entity is awarded the grant amounts,
may continue to measure and evaluate the
activities supported with the grant amounts, as
required under subparagraph (B).
(E) Contracting requirements.--All laborers and
mechanics employed by contractors or subcontractors in
the performance of construction, alteration, or repair
work carried out, in whole or in part, with a grant
under the Program shall be paid wages at rates not less
than those prevailing on projects of a similar
character in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With
respect to the labor standards in this subparagraph,
the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145
of title 40, United States Code.
(F) Neutrality requirement.--An employer to which
the Assistant Secretary awards a grant under the
Program shall remain neutral with respect to the
exercise of employees and labor organizations of the
right to organize and bargain under the National Labor
Relations Act (29 U.S.C. 151 et seq.).
(G) Referral of alleged violations of applicable
federal labor and employment laws.--The Assistant
Secretary shall refer any alleged violation of an
applicable labor and employment law to the appropriate
Federal agency for investigation and enforcement, any
alleged violation of subparagraph (E) or (F) to the
National Labor Relations Board for investigation and
enforcement, utilizing all appropriate remedies up to
and including debarment from the Program.
(e) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of any project for which the Assistant Secretary
awards a grant under the Program may not exceed 90 percent.
(2) Exception.--The Assistant Secretary may grant a waiver
with respect to the limitation on the Federal share of a
project described in paragraph (1) if--
(A) the applicant with respect to the project
petitions the Assistant Secretary for the waiver; and
(B) the Assistant Secretary determines that the
petition described in subparagraph (A) demonstrates
financial need.
(f) Assurances.--When applying for a grant under this section, an
entity shall include in the application for that grant assurances that
the entity will--
(1) use any grant funds that the entity is awarded in
accordance with any applicable statute, regulation, or
application procedure;
(2) adopt and use proper methods of administering any grant
that the entity is awarded, including by--
(A) enforcing any obligation imposed under law on
any agency, institution, organization, or other entity
that is responsible for carrying out a program to which
the grant relates;
(B) correcting any deficiency in the operation of a
program to which the grant relates, as identified
through an audit or another monitoring or evaluation
procedure; and
(C) adopting written procedures for the receipt and
resolution of complaints alleging a violation of law
with respect to a program to which the grant relates;
(3) cooperate with respect to any evaluation--
(A) of any program that relates to a grant awarded
to the entity; and
(B) that is carried out by or for the Assistant
Secretary or another Federal official;
(4) use fiscal control and fund accounting procedures that
ensure the proper disbursement of, and accounting for, any
Federal funds that the entity is awarded under the Program;
(5) submit to the Assistant Secretary any reports that may
be necessary to enable the Assistant Secretary to perform the
duties of the Assistant Secretary under the Program; and
(6) maintain any records and provide any information to the
Assistant Secretary, including those records, that the
Assistant Secretary determines is necessary to enable the
Assistant Secretary to perform the duties of the Assistant
Secretary under the Program.
(g) Termination of Grant.--In addition to other authority under
applicable law, the Assistant Secretary shall--
(1) terminate a grant awarded to an entity under this
section if, after notice to the entity and opportunity for a
hearing, the Assistant Secretary determines, and presents to
the entity a rationale and supporting information that clearly
demonstrates, that--
(A) the grant funds are not being used in a manner
that is consistent with the application with respect to
the grant submitted by the entity under subsection (c);
(B) the entity is not upholding assurances made by
the entity to the Assistant Secretary under subsection
(f); or
(C) the grant is no longer necessary to achieve the
original purpose for which the Assistant Secretary
awarded the grant; and
(2) with respect to any grant funds that the Assistant
Secretary terminates under paragraph (1) or under other
authority under applicable law, competitively award the grant
funds to another applicant (if such an applicant exists),
consistent with the requirements of this section.
(h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
(1) shall--
(A) require any entity to which the Assistant
Secretary awards a grant under the Program to, for each
year during the period described in clause (i) of
subsection (d)(2)(D) with respect to the grant and
during the period described in clause (ii) of such
subsection with respect to the grant if the entity
continues to measure and evaluate the activities
supported with the grant amounts during such period,
submit to the Assistant Secretary a report, in a format
specified by the Assistant Secretary, regarding--
(i) the use by the entity of the grant
amounts; and
(ii) the progress of the entity towards
fulfilling the objectives for which the grant
was awarded;
(B) establish mechanisms to ensure appropriate use
of, and compliance with respect to all terms regarding,
grant funds awarded under the Program;
(C) create and maintain a fully searchable
database, which shall be accessible on the internet at
no cost to the public, that contains, at a minimum--
(i) a list of each entity that has applied
for a grant under the Program;
(ii) a description of each application
described in clause (i), including the proposed
purpose of each grant described in that clause;
(iii) the status of each application
described in clause (i), including whether the
Assistant Secretary has awarded a grant with
respect to the application and, if so, the
amount of the grant;
(iv) each report submitted by an entity
under subparagraph (A); and
(v) any other information that the
Assistant Secretary considers appropriate to
ensure that the public has sufficient
information to understand and monitor grants
awarded under the Program; and
(D) ensure that any entity with respect to which an
award is terminated under subsection (g) may, in a
timely manner, appeal or otherwise challenge that
termination; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under the Program.
(i) Supplement, Not Supplant.--A grant awarded to an entity under
the Program shall supplement, not supplant, other Federal or State
funds that have been made available to the entity to carry out
activities described in this section.
(j) Set Asides.--From amounts made available in a fiscal year to
carry out the Program, the Assistant Secretary shall reserve--
(1) not more than 5 percent for the implementation and
administration of the Program, which shall include--
(A) providing technical support and assistance,
including ensuring consistency in data reporting;
(B) providing assistance to entities to prepare the
applications of those entities with respect to grants
awarded under this section;
(C) developing the report required under section
1203(a); and
(D) conducting outreach to entities that may be
eligible to be awarded a grant under the Program
regarding opportunities to apply for such a grant; and
(2) not less than 5 percent to award grants directly to
Indian Tribes, tribally designated entities, and Native
Hawaiian organizations to allow those Tribes, entities, and
organizations to carry out the activities described in this
section.
(k) Rules.--The Assistant Secretary may prescribe such rules as may
be necessary to carry out this section.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Assistant Secretary $625,000,000 to carry out this
section for fiscal year 2022, and such amount is authorized to remain
available through fiscal year 2026.
SEC. 1203. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING,
EVALUATION, AND DISSEMINATION.
(a) Reporting Requirements.--
(1) In general.--Not later than 1 year after the date on
which the Assistant Secretary begins awarding grants under
section 1201(d), and annually thereafter, the Assistant
Secretary shall--
(A) submit to the appropriate committees of
Congress a report that documents, for the year covered
by the report--
(i) the findings of each evaluation
conducted under subparagraph (B);
(ii) a list of each grant awarded under
each covered program, which shall include--
(I) the amount of each such grant;
(II) the recipient of each such
grant; and
(III) the purpose for which each
such grant was awarded;
(iii) any termination or modification of a
grant awarded under the covered programs, which
shall include a description of the subsequent
usage of any funds to which such an action
applies; and
(iv) each challenge made by an applicant
for, or a recipient of, a grant under the
covered programs and the outcome of each such
challenge; and
(B) conduct evaluations of the activities carried
out under the covered programs, which shall include an
evaluation of--
(i) whether eligible States to which grants
are awarded under the program established under
section 1201 are--
(I) abiding by the assurances made
by those States under subsection (e) of
that section;
(II) meeting, or have met, the
stated goals of the State Digital
Equity Plans developed by the States
under subsection (c) of that section;
(III) satisfying the requirements
imposed by the Assistant Secretary on
those States under subsection (g) of
that section; and
(IV) in compliance with any other
rules, requirements, or regulations
promulgated by the Assistant Secretary
in implementing that program; and
(ii) whether entities to which grants are
awarded under the program established under
section 1202 are--
(I) abiding by the assurances made
by those entities under subsection (f)
of that section;
(II) meeting, or have met, the
stated goals of those entities with
respect to the use of the grant
amounts;
(III) satisfying the requirements
imposed by the Assistant Secretary on
those entities under subsection (h) of
that section; and
(IV) in compliance with any other
rules, requirements, or regulations
promulgated by the Assistant Secretary
in implementing that program.
(2) Public availability.--The Assistant Secretary shall
make each report submitted under paragraph (1)(A) publicly
available in an online format that--
(A) facilitates access and ease of use;
(B) is searchable; and
(C) is accessible--
(i) to individuals with disabilities; and
(ii) in languages other than English.
(b) Authority To Contract and Enter Into Other Arrangements.--The
Assistant Secretary may award grants and enter into contracts,
cooperative agreements, and other arrangements with Federal agencies,
public and private organizations, and other entities with expertise
that the Assistant Secretary determines appropriate in order to--
(1) evaluate the impact and efficacy of activities
supported by grants awarded under the covered programs; and
(2) develop, catalog, disseminate, and promote the exchange
of best practices, both with respect to and independent of the
covered programs, in order to achieve digital equity.
(c) Consultation and Public Engagement.--In carrying out subsection
(a), and to further the objectives described in paragraphs (1) and (2)
of subsection (b), the Assistant Secretary shall conduct ongoing
collaboration and consult with--
(1) the Secretary of Agriculture;
(2) the Secretary of Housing and Urban Development;
(3) the Secretary of Education;
(4) the Secretary of Labor;
(5) the Secretary of Health and Human Services;
(6) the Secretary of Veterans Affairs;
(7) the Secretary of the Interior;
(8) the Assistant Secretary for Indian Affairs of the
Department of the Interior;
(9) the Commission;
(10) the Federal Trade Commission;
(11) the Director of the Institute of Museum and Library
Services;
(12) the Administrator of the Small Business
Administration;
(13) the Federal Cochairman of the Appalachian Regional
Commission;
(14) State agencies and governors of States (or equivalent
officials);
(15) entities serving as administering entities for States
under section 1201(b);
(16) national, State, Tribal, and local organizations that
conduct digital inclusion activities, promote digital equity,
or provide digital literacy services;
(17) researchers, academics, and philanthropic
organizations; and
(18) other agencies, organizations (including international
organizations), entities (including entities with expertise in
the fields of data collection, analysis and modeling, and
evaluation), and community stakeholders, as determined
appropriate by the Assistant Secretary.
(d) Technical Support and Assistance.--The Assistant Secretary
shall provide technical support and assistance to potential applicants
for the covered programs and entities awarded grants under the covered
programs, to ensure consistency in data reporting and to meet the
objectives of this section.
SEC. 1204. GENERAL PROVISIONS.
(a) Nondiscrimination.--
(1) In general.--No individual in the United States may, on
the basis of actual or perceived race, color, religion,
national origin, sex, gender identity, sexual orientation, age,
or disability, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any
program or activity that is funded in whole or in part with
funds made available under this subtitle.
(2) Enforcement.--The Assistant Secretary shall effectuate
paragraph (1) with respect to any program or activity described
in that paragraph by issuing regulations and taking actions
consistent with section 602 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-1).
(3) Judicial review.--Judicial review of an action taken by
the Assistant Secretary under paragraph (2) shall be available
to the extent provided in section 603 of the Civil Rights Act
of 1964 (42 U.S.C. 2000d-2).
(b) Technological Neutrality.--The Assistant Secretary shall, to
the extent practicable, carry out this subtitle in a technologically
neutral manner.
(c) Audit and Oversight.--There are authorized to be appropriated
to the Office of Inspector General of the Department of Commerce for
audits and oversight of funds made available to carry out this
subtitle, $1,000,000 for fiscal year 2022, and such amount is
authorized to remain available through fiscal year 2026.
TITLE II--BROADBAND AFFORDABILITY AND PRICING TRANSPARENCY
Subtitle A--Broadband Affordability
SEC. 2101. AUTHORIZATION FOR ADDITIONAL FUNDS FOR THE EMERGENCY
BROADBAND CONNECTIVITY FUND.
There are authorized to be appropriated to the Emergency Broadband
Connectivity Fund established under subsection (i) of section 904 of
title IX of division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260) $6,000,000,0000 for fiscal year 2022 for the
purposes described in paragraph (3) of such subsection, and such amount
is authorized to remain available through fiscal year 2026.
SEC. 2102. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE ELIGIBILITY
VERIFIER.
(a) In General.--Not later than 45 days after the date of the
enactment of this Act, the Commission shall establish a program to
provide a grant, from amounts appropriated under subsection (d), to
each eligible entity for the purpose described under subsection (b).
(b) Purpose.--The Commission shall make a grant to each eligible
entity for the purpose of establishing or amending a connection between
the databases of such entity that contain information concerning the
receipt by a household, or a member of a household, of benefits under a
program administered by such entity (including any benefit provided
under the supplemental nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)) and the National
Lifeline Eligibility Verifier so that the receipt by a household, or a
member of a household, of benefits under such benefits program--
(1) is reflected in the National Lifeline Eligibility
Verifier; and
(2) can be used to verify eligibility for--
(A) the Lifeline program established under subpart
E, part 54, of title 47, Code of Federal Regulations
(or any successor regulation); and
(B) the Emergency Broadband Benefit Program
established under section 904(b) of title IX of
division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260).
(c) Disbursement of Grant Funds.--Not later than 60 days after the
program established under subsection (a) is established, funds provided
under each grant made under such subsection shall be disbursed to the
entity receiving such grant.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 for fiscal year 2022 for the purposes of
carrying out this section, and such amount is authorized to remain
available through fiscal year 2026.
(e) Eligible Entities.--In this section, the term ``eligible
entity'' means an entity that--
(1) is a State or Tribal entity; and
(2) not later than 30 days after the date of the enactment
of this Act, submits to the Commission an application
containing such information as the Commission may require.
SEC. 2103. FEDERAL COORDINATION BETWEEN NATIONAL ELIGIBILITY VERIFIER
AND NATIONAL ACCURACY CLEARINGHOUSE.
Notwithstanding section 11(x)(2)(C)(i) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)), not later than 180 days after
the date of the enactment of this Act, the Commission shall, in
coordination with the Secretary of Agriculture, establish an automated
connection, to the maximum extent practicable, between the National
Lifeline Eligibility Verifier and the National Accuracy Clearinghouse
established under section 11(x) of the Food and Nutrition Act of 2008
(7 U.S.C. 2020(x)) for the supplemental nutrition assistance program.
SEC. 2104. DEFINITIONS.
In this subtitle:
(1) Automated connection.--The term ``automated
connection'' means a connection between two or more information
systems where the manual input of information in one system
leads to the automatic input of the same information into any
other connected system.
(2) National lifeline eligibility verifier.--The term
``National Lifeline Eligibility Verifier'' has the meaning
given such term in section 54.400 of title 47, Code of Federal
Regulations (or any successor regulation).
(3) Tribal entity.--The term ``Tribal entity'' means any of
the following:
(A) 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 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(B) The Department of Hawaiian Home Lands.
Subtitle B--Additional Authorization for Emergency Connectivity Fund
SEC. 2201. ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY FUND.
There is authorized to be appropriated to the Emergency
Connectivity Fund established under section 7402(c) of the American
Rescue Plan Act of 2021 $2,000,000,000 for fiscal year 2022 for the
purposes described in such section, and such amount is authorized to
remain available through fiscal year 2026.
Subtitle C--Pricing Transparency
SEC. 2301. DEFINITIONS.
In this subtitle:
(1) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given the
term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(2) Fixed wireless broadband.--The term ``fixed wireless
broadband'' means broadband internet access service that serves
end users primarily at fixed endpoints through stationary
equipment connected by the use of radio, such as by the use of
unlicensed spectrum.
(3) Mobile broadband.--The term ``mobile broadband''--
(A) means broadband internet access service that
serves end users primarily using mobile stations;
(B) includes services that use smartphones or
mobile network-enabled tablets as the primary endpoints
for connection to the internet; and
(C) includes mobile satellite broadband internet
access services.
(4) Provider.--The term ``provider'' means a provider of
fixed or mobile broadband internet access service.
(5) Satellite broadband.--The term ``satellite broadband''
means broadband internet access service that serves end users
primarily at fixed endpoints through stationary equipment
connected by the use of orbital satellites.
(6) Terrestrial fixed broadband.--The term ``terrestrial
fixed broadband'' means broadband internet access service that
serves end users primarily at fixed endpoints through
stationary equipment connected by wired technology such as
cable, DSL, and fiber.
SEC. 2302. BROADBAND TRANSPARENCY.
(a) Rules.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall issue final
rules that include a requirement for the annual collection by
the Commission of data relating to the price and subscription
rates of terrestrial fixed broadband, fixed wireless broadband,
satellite broadband, and mobile broadband.
(2) Updates.--Not later than 90 days after the date on
which rules are issued under paragraph (1), and when determined
to be necessary by the Commission thereafter, the Commission
shall revise such rules to verify the accuracy of data
submitted pursuant to such rules.
(3) Redundancy avoidance.--Nothing in this section shall be
construed to require the Commission, in order to meet a
requirement of this section, to duplicate an activity that the
Commission is undertaking as of the date of the enactment of
this Act, if the Commission refers to such activity in the
rules issued under paragraph (1), such activity meets the
requirements of this section, and the Commission discloses such
activity to the public.
(b) Content of Rules.--The rules issued by the Commission under
subsection (a)(1) shall require the Commission to collect from each
provider of terrestrial fixed broadband, fixed wireless broadband,
mobile broadband, or satellite broadband, data that includes--
(1) either the weighted average of the monthly prices
charged to subscribed households within each census block for
each distinct broadband internet access service plan or tier of
standalone broadband internet access service, including
mandatory equipment charges, usage-based fees, and fees for
early termination of required contracts, or the monthly price
charged to each subscribed household, including such charges
and fees;
(2) either the mean monthly price within the duration of
subscription contracts offered within each census block for
each distinct broadband internet access service plan or tier of
standalone broadband internet access service, including
mandatory equipment charges, usage-based fees, and fees for
early termination of required contracts, or the mean monthly
price within the duration of subscription contracts offered to
each household, including such charges and fees;
(3) either the subscription rate within each census block
for each distinct broadband internet access service plan or
tier of standalone broadband internet access service, or
information regarding the subscription status of each household
to which a subscription is offered;
(4) data necessary to demonstrate the actual price paid by
subscribers of broadband internet access service at each tier
for such service in a manner that--
(A) takes into account any discounts (or similar
price concessions); and
(B) identifies any additional taxes and fees
(including for the use of equipment related to the use
of a subscription for such service), any monthly data
usage limitation at the stated price, and the extent to
which the price of the service reflects inclusion
within a product bundle; and
(5) data necessary to assess the resiliency of the
broadband internet access service network in the event of a
natural disaster or emergency.
(c) Technical Assistance.--The Commission shall provide technical
assistance to small providers (as defined by the Commission) of
broadband internet access service, to ensure such providers can fulfill
the requirements of this section.
SEC. 2303. DISTRIBUTION OF DATA.
(a) Availability of Data.--Subject to subsection (b), the
Commission shall make all data relating to broadband internet access
service collected under rules required by this subtitle available in a
commonly used electronic format to--
(1) other Federal agencies, including the National
Telecommunications and Information Administration, to assist
that agency in conducting the study required by subsection (g)
of section 903 of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), as added by this
Act;
(2) a broadband office, public utility commission,
broadband mapping program, or other broadband program of a
State, in the case of data pertaining to the needs of that
State;
(3) a unit of local government, in the case of data
pertaining to the needs of that locality; and
(4) an individual or organization conducting research for
noncommercial purposes or public interest purposes.
(b) Protection of Data.--
(1) In general.--The Commission may not share any data
described in subsection (a) with an entity or individual
described in that subsection unless the Commission has
determined that the receiving entity or individual has the
capability and intent to protect any personally identifiable
information contained in the data.
(2) Determination of personally identifiable information.--
The Commission--
(A) shall define the term ``personally identifiable
information'', for purposes of paragraph (1), through
notice and comment rulemaking; and
(B) may not share any data under subsection (a)
before completing the rulemaking under subparagraph
(A).
(c) Balancing Access and Protection.--If the Commission is unable
to determine under subsection (b)(1) that an entity or individual
requesting access to data under subsection (a) has the capability to
protect personally identifiable information contained in the data, the
Commission shall make as much of the data available as possible in a
format that does not compromise personally identifiable information,
through methods such as anonymization.
SEC. 2304. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.
Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C.
644(b)(2)), as added by the Broadband DATA Act (Public Law 116-130), is
amended--
(1) in subparagraph (A)(ii), by striking the semicolon at
the end and inserting ``; and'';
(2) by amending subparagraph (B) to read as follows:
``(B) coordinate with the Postmaster General, the
heads of other Federal agencies that operate delivery
fleet vehicles, and the Director of the Bureau of the
Census for assistance with data collection whenever
coordination could feasibly yield more specific
geographic data.''; and
(3) by striking subparagraph (C).
SEC. 2305. ADOPTION OF CONSUMER BROADBAND LABELS.
(a) Final Rule.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate regulations to
promote and incentivize the widespread adoption of broadband consumer
labels, as described in the Public Notice of the Commission issued on
April 4, 2016 (DA 16-357), to disclose to consumers information
regarding broadband internet access service plans.
(b) Hearings.--In issuing the final rule under subsection (a), the
Commission shall conduct a series of public hearings to assess, at the
time of the proceeding--
(1) how consumers evaluate broadband internet access
service plans; and
(2) whether disclosures to consumers of information
regarding broadband internet access service plans, including
those required under section 8.1 of title 47, Code of Federal
Regulations, are available, effective, and sufficient.
SEC. 2306. GAO REPORT.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
Committee on Energy and Commerce of the House of Representatives, the
Committee on Agriculture of the House of Representatives, the Committee
on Transportation and Infrastructure of the House of the
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Environment and Public Works of the
Senate, and the Committee on Agriculture, Nutrition, and Forestry of
the Senate, a report that evaluates the process used by the Commission
for establishing, reviewing, and updating the upload and download
broadband internet access service speed thresholds, including--
(1) how the Commission reviews and updates broadband
internet access speed thresholds;
(2) whether the Commission considers future broadband
internet access service speed needs when establishing broadband
internet access service speed thresholds, including whether the
Commission considers the need, or the anticipated need, for
higher upload or download broadband internet access service
speeds in the five-year period and the ten-year period after
the date on which a broadband internet access service speed
threshold is to be established; and
(3) how the Commission considers the impacts of changing
uses of the internet in establishing, reviewing, or updating
broadband internet access service speed thresholds, including--
(A) the proliferation of internet-based business;
(B) working remotely and running a business from
home;
(C) video teleconferencing;
(D) distance learning;
(E) in-house web hosting; and
(F) cloud data storage.
TITLE III--BROADBAND ACCESS
Subtitle A--Expansion of Broadband Access
SEC. 3101. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS
WITH LOW-TIER OR MID-TIER SERVICE.
(a) In General.--Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by adding at the end the following new
section:
``SEC. 723. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS
WITH LOW-TIER OR MID-TIER SERVICE.
``(a) Program Established.--Not later than 180 days after the date
of the enactment of this section, the Commission, in consultation with
the Assistant Secretary, shall establish a program to expand access to
broadband service for unserved areas, areas with low-tier service,
areas with mid-tier service, and unserved anchor institutions in
accordance with the requirements of this section that--
``(1) is separate from any universal service program
established pursuant to section 254; and
``(2) does not require funding recipients to be designated
as eligible telecommunications carriers under section 214(e).
``(b) Use of Program Funds.--
``(1) Expanding access to broadband service through
national system of competitive bidding.--Not later than 18
months after the date of the enactment of this section, the
Commission shall award 75 percent of the amounts appropriated
under subsection (g) through national systems of competitive
bidding to funding recipients only to expand access to
broadband service in unserved areas and areas with low-tier
service.
``(2) Expanding access to broadband service through
states.--
``(A) Distribution of funds to states.--Not later
than 255 days after the date of the enactment of this
section, the Commission shall distribute 25 percent of
the amounts appropriated under subsection (g) among the
States, as follows:
``(i) $100,000,000 shall be distributed to
each of the 50 States, the District of
Columbia, and Puerto Rico.
``(ii) $100,000,000 shall be allocated
equally among and distributed to 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.
``(iii) The remainder shall be allocated
among and distributed to the entities described
in clause (i), in proportion to the population
of each such entity.
``(B) Public notice.--Not later than 195 days after
the date of the enactment of this section, the
Commission shall issue a public notice informing each
State and the public of the amounts to be distributed
under this paragraph. The notice shall include--
``(i) 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 paragraph;
``(ii) the date (which is 30 days after the
date on which the public notice is issued) by
which such acceptance or acceptance in part is
due; and
``(iii) the requirements as set forth under
this section and as may be further prescribed
by the Commission.
``(C) Acceptance by states.--Not later than 30 days
after the date on which a public notice is issued under
subparagraph (B), 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 notice.
``(D) Requirements for state receipt of amounts
distributed.--Each State accepting amounts distributed
under this paragraph--
``(i) shall only award such amounts through
statewide systems of competitive bidding, 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
Commission;
``(ii) shall make such awards only--
``(I) to funding recipients to
expand access to broadband service in
unserved areas and areas with low-tier
service;
``(II) to funding recipients to
expand access to broadband service to
unserved anchor institutions; or
``(III) to funding recipients to
expand access to broadband service in
areas with mid-tier service, but only
if a State does not have, or no longer
has, any unserved areas or areas with
low-tier service;
``(iii) shall conduct separate systems of
competitive bidding for awards made to unserved
anchor institutions under clause (ii)(II), if a
State awards any amounts distributed under this
paragraph to unserved anchor institutions;
``(iv) shall return any unused portion of
amounts distributed under this paragraph to the
Commission within 10 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 amounts; and
``(v) may not use more than 5 percent of
the amounts distributed under this paragraph to
administer a system or systems of competitive
bidding authorized by this paragraph.
``(3) Federal and state coordination.--The Commission, in
consultation with the Office of Internet Connectivity and
Growth, shall establish processes through the rulemaking under
subsection (e) to--
``(A) permit a State to elect for the Commission to
conduct statewide systems of competitive bidding on
behalf of such State as part of, or in coordination
with, national systems of competitive bidding;
``(B) assist States in conducting statewide systems
of competitive bidding;
``(C) ensure that program funds awarded by the
Commission and program funds awarded by the States are
not used in the same areas; and
``(D) ensure that program funds and funds awarded
through other Federal programs to expand broadband
service with a download speed of at least 100 megabits
per second, an upload speed of at least 100 megabits
per second, and latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications, are not used in the same areas.
``(c) Program Requirements.--
``(1) Technology neutrality required.--The entity
administering a system of competitive bidding (either a State
or the Commission) in making awards may not favor a project
using any particular technology.
``(2) Gigabit performance funding.--The Commission shall
reserve 20 percent of the amounts to be awarded by the
Commission under subsection (b)(1), and each State shall
reserve 20 percent of the amounts distributed to such State
under subsection (b)(2), for bidders committing (with respect
to any particular project by such a bidder) to offer, not later
than the date that is 4 years after the date on which funding
is provided under this section for such project--
``(A) broadband service with a download speed of at
least 1 gigabit per second, an upload speed of at least
1 gigabit per second, and latency that is sufficiently
low to allow multiple, simultaneous, real-time,
interactive applications; or
``(B) in the case of a project to provide broadband
service to an unserved anchor institution, broadband
service with a download speed of at least 10 gigabits
per second per 1,000 users, an upload speed of at least
10 gigabits per second per 1,000 users, and latency
that is sufficiently low to allow multiple,
simultaneous, real-time, interactive applications.
``(3) System of competitive bidding process.--The entity
administering a system of competitive bidding (either a State
or the Commission) shall structure the system of competitive
bidding process to--
``(A) first hold a system of competitive bidding
only for bidders committing (with respect to any
particular project by such a bidder) to offer, not
later than the date that is 4 years after the date on
which funding is provided under this section for such
project--
``(i) broadband service with a download
speed of at least 1 gigabit per second, an
upload speed of at least 1 gigabit per second,
and latency that is sufficiently low to allow
multiple, simultaneous, real-time, interactive
applications; or
``(ii) in the case of a project to provide
broadband service to an unserved anchor
institution, broadband service with a download
speed of at least 10 gigabits per second per
1,000 users, an upload speed of at least 10
gigabits per second per 1,000 users, and
latency that is sufficiently low to allow
multiple, simultaneous, real-time, interactive
applications; and
``(B) after holding the system of competitive
bidding required by subparagraph (A), hold one or more
systems of competitive bidding, in areas not receiving
awards under subparagraph (A), to award funds for
projects in areas that are estimated to remain unserved
areas, areas with low-tier service, or (to the extent
permitted under this section) areas with mid-tier
service, or (to the extent permitted under this
section) for projects to offer broadband service to
anchor institutions that are estimated to remain
unserved anchor institutions, after the completion of
the projects for which funding is awarded under the
system of competitive bidding required by subparagraph
(A) or any previous system of competitive bidding under
this subparagraph.
``(4) Funds priority preference.--There shall be a
preference in a system of competitive bidding for projects that
would expand access to broadband service in areas where at
least 90 percent of the population has no access to broadband
service or does not have access to broadband service offered
with a download speed of at least 25 megabits per second, with
an upload speed of at least 3 megabits per second, and with
latency that is sufficiently low to allow multiple,
simultaneous, real-time, interactive applications. Such
projects shall be given priority in such system of competitive
bidding over all other projects, regardless of how many
preferences under paragraph (5) for which such other projects
qualify.
``(5) Funds preference.--There shall be a preference in a
system of competitive bidding, as determined by the entity
administering the system of competitive bidding (either a State
or the Commission), for any of the following projects:
``(A) Projects with at least 20 percent matching
funds from non-Federal sources.
``(B) Projects that would expand access to
broadband service on Tribal lands, as defined by the
Commission.
``(C) Projects that would provide broadband service
with higher speeds than those specified in subsection
(d)(2), except in the case of funds awarded under
subparagraph (A) of paragraph (3).
``(D) Projects that would expand access to
broadband service in advance of the time specified in
subsection (e)(5), except in the case of funds awarded
under subparagraph (A) of paragraph (3).
``(E) Projects that would expand access to
broadband service to persistent poverty counties or
high-poverty areas at subsidized rates.
``(F) Projects that, at least until the date that
is 10 years after the date of the enactment of this
section, would provide broadband service with
comparable speeds to those provided in areas that, on
the day before such date of enactment, were not
unserved areas, areas with low-tier service, or areas
with mid-tier service, with minimal future investment.
``(G) Projects with support from the local
community, demonstrated by at least one letter of
support from local elected officials in the community.
``(H) Projects that would provide for the
deployment of open-access broadband service networks.
``(6) Unserved areas and areas with low-tier or mid-tier
service.--In determining whether an area is an unserved area,
an area with low-tier service, or an area with mid-tier service
or whether an anchor institution is an unserved anchor
institution for any system of competitive bidding authorized
under this section, the Commission shall implement the
following requirements through the rulemaking described in
subsection (e):
``(A) Data for initial determination.--To make an
initial determination as to whether an area is an
unserved area, an area with low-tier service, or an
area with mid-tier service or whether an anchor
institution is an unserved anchor institution, the
Commission shall--
``(i) use the most accurate and granular
data on the map created by the Commission under
section 802(c)(1)(B);
``(ii) refine the data described in clause
(i) by using--
``(I) other data on access to
broadband service obtained or purchased
by the Commission;
``(II) other publicly available
data or information on access to
broadband service; and
``(III) other publicly available
data or information on State broadband
service deployment programs; and
``(iii) not determine an area is not an
unserved area, an area with low-tier service,
or an area with mid-tier service, on the basis
that one location within such area does not
meet the definition of an unserved area, an
area with low-tier service, or an area with
mid-tier service.
``(B) Initial determination.--The Commission shall
make an initial determination of the areas that are
unserved areas, areas with low-tier service, and areas
with mid-tier service and which anchor institutions are
unserved anchor institutions not later than 270 days
after the date of the enactment of this section.
``(C) Challenge of determination.--
``(i) In general.--The Commission shall
provide for a process for challenging any
initial determination regarding whether an area
is an unserved area, an area with low-tier
service, or an area with mid-tier service or
whether an anchor institution is an unserved
anchor institution that, at a minimum, provides
not less than 45 days for a person to
voluntarily submit information concerning--
``(I) the broadband service offered
in the area, or a commitment to offer
broadband service in the area that is
subject to legal sanction if not
performed; or
``(II) the broadband service
offered to the anchor institution.
``(ii) 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 person.
``(D) Final determination.--The Commission shall
make a final determination of the areas that are
unserved areas, areas with low-tier service, or areas
with mid-tier service and which anchor institutions are
unserved anchor institutions within 1 year after the
date of the enactment of this section.
``(7) Notice, transparency, accountability, and oversight
required.--The program shall contain sufficient notice,
transparency, accountability, and oversight measures to provide
the public with notice of the assistance provided under this
section, and to deter waste, fraud, and abuse of program funds.
``(8) Competence.--
``(A) Standards.--The Commission shall establish,
through the rulemaking described in subsection (e),
objective standards to determine that each provider of
broadband service seeking to participate in a system of
competitive bidding--
``(i) is capable of carrying out the
project in a competent manner in compliance
with all applicable Federal, State, and local
laws;
``(ii) has 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
Commission; and
``(iii) has the technical and operational
capability to provide broadband services in the
manner contemplated by the provider's bid in
the system of competitive bidding, including a
detailed consideration of the provider's prior
performance in delivering services as
contemplated in the bid and the capabilities of
the provider's proposed network to deliver the
contemplated services in the area in question.
``(B) Determinations regarding providers.--An
entity administering a system of competitive bidding
(either a State or the Commission) may not permit a
provider of broadband service to participate in the
system of competitive bidding unless the entity first
determines, after notice and an opportunity for public
comment, that the provider meets the standards
established under subparagraph (A).
``(9) Contracting requirements.--All laborers and mechanics
employed by contractors or subcontractors in the performance of
construction, alteration, or repair work carried out, in whole
or in part, with assistance made available under this section
shall be paid wages at rates not less than those prevailing on
projects of a similar character in the locality as determined
by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With respect to the
labor standards in this paragraph, the Secretary of Labor shall
have the authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
``(10) Rule of construction regarding environmental laws.--
Nothing in this section shall be construed to affect--
``(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
``(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.; commonly referred to as the `Clean
Water Act');
``(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(D) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(E) the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.; commonly referred to as the `Resource
Conservation and Recovery Act'); or
``(F) any State or local law that is similar to a
law listed in subparagraphs (A) through (E).
``(11) Referral of alleged violations of applicable federal
labor and employment laws.--The Commission shall refer any
alleged violation of an applicable labor and employment law to
the appropriate Federal agency for investigation and
enforcement, and any alleged violation of paragraph (9) or (12)
to the National Labor Relations Board for investigation and
enforcement, utilizing all appropriate remedies up to and
including debarment from the program.
``(12) Labor organization.--
``(A) In general.--Notwithstanding the National
Labor Relations Act (29 U.S.C. 151 et seq.),
subparagraphs (B) through (F) shall apply with respect
to any funding recipient who is an employer and any
labor organization who represents employees of a
funding recipient.
``(B) Neutrality requirement.--An employer shall
remain neutral with respect to the exercise of
employees and labor organizations of the right to
organize and bargain under the National Labor Relations
Act (29 U.S.C. 151 et seq.).
``(C) Commencement of collective bargaining.--Not
later than 10 days after receiving a written request
for collective bargaining from a labor organization
that has been newly recognized or certified as a
representative under section 9(a) of the National Labor
Relations Act (29 U.S.C. 159(a)), or within such
further period as the parties agree upon, the parties
shall meet and commence to bargain collectively and
shall make every reasonable effort to conclude and sign
a collective bargaining agreement.
``(D) Mediation and conciliation for failure to
reach a collective bargaining agreement.--
``(i) In general.--If the parties have
failed to reach an agreement before the date
that is 90 days after the date on which
bargaining is commenced under subparagraph (C),
or any later date agreed upon by both parties,
either party may notify the Federal Mediation
and Conciliation Service of the existence of a
dispute and request mediation.
``(ii) Federal mediation and conciliation
service.--Whenever a request is received under
clause (i), the Director of the Federal
Mediation and Conciliation Service shall
promptly communicate with the parties and use
best efforts, by mediation and conciliation, to
bring them to agreement.
``(E) Tripartite arbitration panel.--
``(i) In general.--If the Federal Mediation
and Conciliation Service is not able to bring
the parties to agreement by mediation or
conciliation before the date that is 30 days
after the date on which such mediation or
conciliation is commenced, or any later date
agreed upon by both parties, the Service shall
refer the dispute to a tripartite arbitration
panel established in accordance with such
regulations as may be prescribed by the
Service, with one member selected by the labor
organization, one member selected by the
employer, and one neutral member mutually
agreed to by the parties.
``(ii) Dispute settlement.--A majority of
the tripartite arbitration panel shall render a
decision settling the dispute and such decision
shall be binding upon the parties for a period
of two years, unless amended during such period
by written consent of the parties. Such
decision shall be based on--
``(I) the employer's financial
status and prospects;
``(II) the size and type of the
employer's operations and business;
``(III) the employees' cost of
living;
``(IV) the employees' ability to
sustain themselves, their families, and
their dependents on the wages and
benefits they earn from the employer;
and
``(V) the wages and benefits that
other employers in the same business
provide their employees.
``(F) Prohibition on subcontracting for certain
purposes.--A funding recipient may not engage in
subcontracting for the purpose of circumventing the
terms of a collective bargaining agreement with respect
to wages, benefits, or working conditions.
``(G) Parties defined.--In this paragraph, the term
`parties' means a labor organization that is newly
recognized or certified as a representative under
section 9(a) of the National Labor Relations Act (29
U.S.C. 159(a)) and the employer of the employees
represented by such organization.
``(d) Project Requirements.--Any project funded through the program
shall meet the following requirements:
``(1) The project shall adhere to quality-of-service
standards as established by the Commission.
``(2) Except as provided in paragraphs (2) and (3) of
subsection (c), the project shall offer broadband service with
a download speed of at least 100 megabits per second, an upload
speed of at least 100 megabits per second, and latency that is
sufficiently low to allow multiple, simultaneous, real-time,
interactive applications.
``(3) The project shall offer broadband service at prices
that are comparable to, or lower than, the prices charged for
comparable levels of service in areas that were not unserved
areas, areas with low-tier service, or areas with mid-tier
service on the day before the date of the enactment of this
section.
``(4) For any project that involves laying fiber-optic
cables along a roadway, the project shall include interspersed
conduit access points at regular and short intervals.
``(5) The project shall incorporate prudent cybersecurity
and supply chain risk management practices, as specified by the
Commission through the rulemaking described in subsection (e),
in consultation with the Director of the National Institute of
Standards and Technology and the Assistant Secretary.
``(6) The project shall incorporate best practices, as
defined by the Commission, for ensuring reliability and
resiliency of the network during disasters.
``(7) Any funding recipient must agree to have the project
meet the requirements established under section 224, as if the
project were classified as a `utility' under such section. The
preceding sentence shall not apply to those entities or persons
excluded from the definition of the term `utility' by the
second sentence of subsection (a)(1) of such section.
``(8) The project shall offer an affordable option for a
broadband service plan under which broadband service is
provided--
``(A) with a download speed of at least 50 megabits
per second;
``(B) with an upload speed of at least 50 megabits
per second; and
``(C) with latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications.
``(e) Rulemaking and Distribution and Award of Funds.--Not later
than 180 days after the date of the enactment of this section, the
Commission, in consultation with the Assistant Secretary, shall
promulgate rules--
``(1) that implement the requirements of this section, as
appropriate;
``(2) that establish the design of and rules for the
national systems of competitive bidding;
``(3) that establish notice requirements for all systems of
competitive bidding authorized under this section that, at a
minimum, provide the public with notice of--
``(A) the initial determination of which areas are
unserved areas, areas with low-tier service, or areas
with mid-tier service;
``(B) the final determination of which areas are
unserved areas, areas with low-tier service, or areas
with mid-tier service after the process for challenging
the initial determination has concluded;
``(C) which entities have applied to bid for
funding; and
``(D) the results of any system of competitive
bidding, including identifying the funding recipients,
which areas each project will serve, the nature of the
service that will be provided by the project in each of
those areas, and how much funding the funding
recipients will receive in each of those areas;
``(4) that establish broadband service buildout milestones
and periodic certification by funding recipients to ensure that
the broadband service buildout milestones for all systems of
competitive bidding authorized under this section will be met;
``(5) that, except as provided in paragraphs (2) and (3) of
subsection (c), establish a maximum buildout timeframe of three
years beginning on the date on which funding is provided under
this section for a project;
``(6) that establish periodic reporting requirements for
funding recipients and that identify, at a minimum, the nature
of the service provided in each area for any system of
competitive bidding authorized under this section;
``(7) 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 system of
competitive bidding authorized under this section;
``(8) that establish procedures for recovery of funds, in
whole or in part, 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
system of competitive bidding authorized under this section;
and
``(9) that establish mechanisms to reduce waste, fraud, and
abuse within the program for any system of competitive bidding
authorized under this section.
``(f) Reports Required.--
``(1) Inspector general and comptroller general report.--
Not later than June 30 and December 31 of each year following
the awarding of the first funds under the program, 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 Commerce,
Science, and Transportation of the Senate a report for the
previous 6 months that reviews the program. Such report shall
include any recommendations to address waste, fraud, and abuse.
``(2) State reports.--Any State that receives funds under
the program shall submit an annual report to the Commission on
how such funds were spent, along with a certification of
compliance with the requirements as set forth under this
section and as may be further prescribed by the Commission,
including a description of each service provided and the number
of individuals to whom the service was provided.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission $79,500,000,000 for fiscal year 2022 to
carry out the program, and such amount is authorized to remain
available through fiscal year 2026.
``(h) Definitions.--In this section:
``(1) Affordable option.--The term `affordable option'
means, with respect to a broadband service plan, that broadband
service is provided under such plan at a rate that is
determined by the Commission, in coordination with the Office
of Internet Connectivity and Growth, to be affordable for a
household with an income of 136 percent of the poverty
threshold, as determined by using criteria of poverty
established by the Bureau of the Census, for a four-person
household that includes two dependents under the age of 18.
``(2) Anchor institution.--The term `anchor institution'--
``(A) means a public or private school, a library,
a medical or healthcare provider, a museum, a public
safety entity, a public housing agency (as defined in
section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b))), a community college, an
institution of higher education, a religious
organization, or any other community support
organization or agency; and
``(B) includes any entity described in subparagraph
(A) that serves an Indian Tribe, tribally designated
entity, or Native Hawaiian organization.
``(3) 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 section.
``(4) Area with low-tier service.--The term `area with low-
tier service' means an area where at least 90 percent of the
population has access to broadband service offered--
``(A) with a download speed of at least 25 megabits
per second but less than 100 megabits per second;
``(B) with an upload speed of at least 25 megabits
per second but less than 100 megabits per second; and
``(C) with latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications.
``(5) Area with mid-tier service.--The term `area with mid-
tier service' means an area where at least 90 percent of the
population has access to broadband service offered--
``(A) with a download speed of at least 100
megabits per second but less than 1 gigabit per second;
``(B) with an upload speed of at least 100 megabits
per second but less than 1 gigabit per second; and
``(C) with latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications.
``(6) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Commerce for Communications
and Information.
``(7) Broadband service.--The term `broadband service'--
``(A) means broadband internet access service that
is a mass-market retail service, or a service provided
to an anchor institution, 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;
``(B) includes any service that is a functional
equivalent of the service described in subparagraph
(A); and
``(C) does not include dial-up internet access
service.
``(8) Collective bargaining.--The term `collective
bargaining' means performance of the mutual obligation
described in section 8(d) of the National Labor Relations Act
(29 U.S.C. 158(d)).
``(9) Collective bargaining agreement.--The term
`collective bargaining agreement' means an agreement reached
through collective bargaining.
``(10) Funding recipient.--The term `funding recipient'
means an entity that receives funding for a project under this
section, which may include--
``(A) a private entity, a public-private
partnership, a cooperative, and a Tribal or municipal
broadband service provider; and
``(B) a consortium between any of the entities
described in subparagraph (A), including a consortium
that includes an investor-owned utility.
``(11) High-poverty area.--The term `high-poverty area'
means a census tract with a poverty rate of at least 20
percent, as measured by the most recent 5-year data series
available from the American Community Survey of the Bureau of
the Census as of the year before the date of the enactment of
this section. In the case of a territory or possession of the
United States in which no such data is collected from the
American Community Survey of the Bureau of the Census as of the
year before the date of the enactment of this section, such
term includes a census tract with a poverty rate of at least 20
percent, as measured by the most recent Island Areas decennial
census of the Bureau of the Census for which data is available
as of the year before the date of the enactment of this
section.
``(12) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
``(13) Institution of higher education.--The term
`institution of higher education'--
``(A) has the meaning given the term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001);
and
``(B) includes a postsecondary vocational
institution.
``(14) Labor organization.--The term `labor organization'
has the meaning given the term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
``(15) Native hawaiian organization.--The term `Native
Hawaiian organization' means any organization--
``(A) that serves the interests of Native
Hawaiians;
``(B) in which Native Hawaiians serve in
substantive and policymaking positions;
``(C) that has as a primary and stated purpose the
provision of services to Native Hawaiians; and
``(D) that is recognized for having expertise in
Native Hawaiian affairs, digital connectivity, or
access to broadband service.
``(16) Persistent poverty county.--The term `persistent
poverty county' means any county with a poverty rate of at
least 20 percent, as determined in each of the 1990 and 2000
decennial censuses and in the Small Area Income and Poverty
Estimates of the Bureau of the Census for the most recent year
for which the Estimates are available. In the case of a
territory or possession of the United States, such term
includes any county equivalent area in Puerto Rico with a
poverty rate of at least 20 percent, as determined in each of
the 1990 and 2000 decennial censuses and in the most recent 5-
year data series available from the American Community Survey
of the Bureau of the Census as of the year before the date of
the enactment of this section, or any other territory or
possession of the United States with a poverty rate of at least
20 percent, as determined in each of the 1990 and 2000 Island
Areas decennial censuses of the Bureau of the Census and in the
most recent Island Areas decennial census of the Bureau of the
Census for which data is available as of the year before the
date of the enactment of this section.
``(17) Postsecondary vocational institution.--The term
`postsecondary vocational institution' has the meaning given
the term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
``(18) Program.--Unless otherwise indicated, the term
`program' means the program established under subsection (a).
``(19) Project.--The term `project' means an undertaking by
a funding recipient under this section to construct and deploy
infrastructure for the provision of broadband service.
``(20) State.--The term `State' has the meaning given such
term in section 3, except that such term also includes the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
``(21) Tribally designated entity.--The term `tribally
designated entity' means an entity designated by an Indian
Tribe for purposes of paragraph (2)(B).
``(22) Unserved anchor institution.--The term `unserved
anchor institution' means an anchor institution that has no
access to broadband service or does not have access to
broadband service offered--
``(A) with a download speed of at least 1 gigabit
per second per 1,000 users;
``(B) with an upload speed of at least 1 gigabit
per second per 1,000 users; and
``(C) with latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications.
``(23) Unserved area.--The term `unserved area' means an
area where--
``(A) the Commission reasonably believes there are
potential subscribers of broadband service; and
``(B) at least 90 percent of the population has no
access to broadband service or does not have access to
broadband service offered--
``(i) with a download speed of at least 25
megabits per second;
``(ii) with an upload speed of at least 25
megabits per second; and
``(iii) with latency that is sufficiently
low to allow multiple, simultaneous, real-time,
interactive applications.''.
(b) Authorization of Appropriations for Tribal Broadband
Connectivity Program.--
(1) In general.--Section 905(c) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) is
amended by adding at the end the following:
``(9) Authorization of appropriations.--There is authorized
to be appropriated to the Assistant Secretary $500,000,000 for
fiscal year 2022 to carry out the grant program under this
subsection, and such amount is authorized to remain available
through fiscal year 2026.''.
(2) Conforming amendments.--Section 905 of division N of
the Consolidated Appropriations Act, 2021 (Public Law 116-260)
is amended--
(A) in subsection (c), by inserting ``or paragraph
(9) of this subsection'' after ``subsection (b)(1)''
each place it appears; and
(B) in subsection (e)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting after
``this Act'' the following: ``(and, in
the case of the grant program under
subsection (c), not earlier than 30
days, and not later than 60 days, after
the date of enactment of any other law
making available amounts to carry out
such program)''; and
(II) in subparagraph (A), by
inserting after ``eligible entities and
covered partnerships'' the following:
``(or, in the case of a notice issued
by reason of the enactment of a law,
other than this Act, making available
amounts to carry out the grant program
under subsection (c), eligible
entities)''; and
(ii) in paragraph (2)(A), by inserting
after ``an eligible entity or covered
partnership'' the following: ``(or, in the case
of a notice issued by reason of the enactment
of a law, other than this Act, making available
amounts to carry out the grant program under
subsection (c), an eligible entity)''.
SEC. 3102. TRIBAL INTERNET EXPANSION.
Section 254(b)(3) of the Communications Act of 1934 (47 U.S.C.
254(b)(3)) is amended by inserting ``and in Indian country (as defined
in section 1151 of title 18, United States Code) and areas with high
populations of Indian (as defined in section 19 of the Act of June 18,
1934 (Chapter 576; 48 Stat. 988; 25 U.S.C. 5129)) people'' after ``high
cost areas''.
Subtitle B--Broadband Infrastructure Finance and Innovation
SEC. 3201. SHORT TITLE.
This subtitle may be cited as the ``Broadband Infrastructure
Finance and Innovation Act of 2021''.
SEC. 3202. DEFINITIONS.
In this subtitle:
(1) BIFIA program.--The term ``BIFIA program'' means the
broadband infrastructure finance and innovation program
established under this subtitle.
(2) Broadband service.--The term ``broadband service''--
(A) means broadband internet access service that is
a mass-market retail service, or a service provided to
an entity described in paragraph (11)(B)(ii), 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;
(B) includes any service that is a functional
equivalent of the service described in subparagraph
(A); and
(C) does not include dial-up internet access
service.
(3) Eligible project costs.--The term ``eligible project
costs'' means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a project,
including the cost of--
(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, historic preservation review,
permitting, preliminary engineering and design work,
and other preconstruction activities;
(B) construction and deployment phase activities,
including--
(i) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land relating to the
project and improvements to land), equipment,
instrumentation, networking capability,
hardware and software, and digital network
technology;
(ii) environmental mitigation; and
(iii) construction contingencies; and
(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds,
capital issuance expenses, and other carrying costs
during construction and deployment.
(4) Federal credit instrument.--The term ``Federal credit
instrument'' means a secured loan, loan guarantee, or line of
credit authorized to be made available under the BIFIA program
with respect to a project.
(5) Investment-grade rating.--The term ``investment-grade
rating'' means a rating of BBB minus, Baa3, bbb minus, BBB
(low), or higher assigned by a rating agency to project
obligations.
(6) Lender.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation), known as Rule 144A(a) of the Securities
and Exchange Commission and issued under the Securities Act of
1933 (15 U.S.C. 77a et seq.)), including--
(A) a qualified retirement plan (as defined in
section 4974(c) of the Internal Revenue Code of 1986)
that is a qualified institutional buyer; and
(B) a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer.
(7) Letter of interest.--The term ``letter of interest''
means a letter submitted by a potential applicant prior to an
application for credit assistance in a format prescribed by the
Assistant Secretary on the website of the BIFIA program that--
(A) describes the project and the location,
purpose, and cost of the project;
(B) outlines the proposed financial plan, including
the requested credit assistance and the proposed
obligor;
(C) provides a status of environmental review; and
(D) provides information regarding satisfaction of
other eligibility requirements of the BIFIA program.
(8) Line of credit.--The term ``line of credit'' means an
agreement entered into by the Assistant Secretary with an
obligor under section 3205 to provide a direct loan at a future
date upon the occurrence of certain events.
(9) Loan guarantee.--The term ``loan guarantee'' means any
guarantee or other pledge by the Assistant Secretary to pay all
or part of the principal of and interest on a loan or other
debt obligation issued by an obligor and funded by a lender.
(10) Obligor.--The term ``obligor'' means a party that--
(A) is primarily liable for payment of the
principal of or interest on a Federal credit
instrument; and
(B) may be a corporation, company, partnership,
joint venture, trust, or governmental entity, agency,
or instrumentality.
(11) Project.--The term ``project'' means a project--
(A) to construct and deploy infrastructure for the
provision of broadband service; and
(B) that the Assistant Secretary determines will--
(i) provide access or improved access to
broadband service to consumers residing in
areas of the United States that have no access
to broadband service or do not have access to
broadband service offered--
(I) with a download speed of at
least 100 megabits per second;
(II) with an upload speed of at
least 100 megabits per second; and
(III) with latency that is
sufficiently low to allow multiple,
simultaneous, real-time, interactive
applications; or
(ii) provide access or improved access to
broadband service to--
(I) schools, libraries, medical and
healthcare providers, community
colleges and other institutions of
higher education, museums, religious
organizations, and other community
support organizations and entities to
facilitate greater use of broadband
service by or through such
organizations;
(II) organizations and agencies
that provide outreach, access,
equipment, and support services to
facilitate greater use of broadband
service by low-income, unemployed,
aged, and otherwise vulnerable
populations;
(III) job-creating strategic
facilities located within a State-
designated economic zone, Economic
Development District designated by the
Department of Commerce, Empowerment
Zone designated by the Department of
Housing and Urban Development, or
Enterprise Community designated by the
Department of Agriculture; or
(IV) public safety agencies.
(12) Project obligation.--The term ``project obligation''
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
(13) Public authority.--The term ``public authority'' means
a Federal, State, county, town or township, Indian Tribe,
municipal, or other local government or instrumentality with
authority to finance, build, operate, or maintain
infrastructure for the provision of broadband service.
(14) Rating agency.--The term ``rating agency'' means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
(15) Secured loan.--The term ``secured loan'' means a
direct loan or other debt obligation issued by an obligor and
funded by the Assistant Secretary in connection with the
financing of a project under section 3204.
(16) Small project.--The term ``small project'' means a
project having eligible project costs that are reasonably
anticipated not to equal or exceed $20,000,000.
(17) Subsidy amount.--The term ``subsidy amount'' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument--
(A) calculated on a net present value basis; and
(B) excluding administrative costs and any
incidental effects on governmental receipts or outlays
in accordance with the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
(18) Substantial completion.--The term ``substantial
completion'' means, with respect to a project receiving credit
assistance under the BIFIA program--
(A) the commencement of the provision of broadband
service using the infrastructure being financed; or
(B) a comparable event, as determined by the
Assistant Secretary and specified in the credit
agreement.
SEC. 3203. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
(a) Eligibility.--
(1) In general.--A project shall be eligible to receive
credit assistance under the BIFIA program if--
(A) the entity proposing to carry out the project
submits a letter of interest prior to submission of a
formal application for the project; and
(B) the project meets the criteria described in
this subsection.
(2) Creditworthiness.--
(A) In general.--Except as provided in subparagraph
(B), to be eligible for assistance under the BIFIA
program, a project shall satisfy applicable
creditworthiness standards, which, at a minimum, shall
include--
(i) adequate coverage requirements to
ensure repayment;
(ii) an investment-grade rating from at
least two rating agencies on debt senior to the
Federal credit instrument; and
(iii) a rating from at least two rating
agencies on the Federal credit instrument.
(B) Small projects.--In order for a small project
to be eligible for assistance under the BIFIA program,
such project shall satisfy alternative creditworthiness
standards that shall be established by the Assistant
Secretary under section 3206 for purposes of this
paragraph.
(3) Application.--A State, local government, agency or
instrumentality of a State or local government, public
authority, public-private partnership, or any other legal
entity undertaking the project and authorized by the Assistant
Secretary shall submit a project application that is acceptable
to the Assistant Secretary.
(4) Eligible project cost parameters for infrastructure
projects.--Eligible project costs shall be reasonably
anticipated to equal or exceed $2,000,000 in the case of a
project or program of projects--
(A) in which the applicant is a local government,
instrumentality of local government, or public
authority (other than a public authority that is a
Federal or State government or instrumentality);
(B) located on a facility owned by a local
government; or
(C) for which the Assistant Secretary determines
that a local government is substantially involved in
the development of the project.
(5) Dedicated revenue sources.--The applicable Federal
credit instrument shall be repayable, in whole or in part,
from--
(A) amounts charged to--
(i) subscribers of broadband service for
such service; or
(ii) subscribers of any related service
provided over the same infrastructure for such
related service;
(B) user fees;
(C) payments owing to the obligor under a public-
private partnership; or
(D) other dedicated revenue sources that also
secure or fund the project obligations.
(6) Applications where obligor will be identified later.--A
State, local government, agency or instrumentality of a State
or local government, or public authority may submit to the
Assistant Secretary an application under paragraph (3), under
which a private party to a public-private partnership will be--
(A) the obligor; and
(B) identified later through completion of a
procurement and selection of the private party.
(7) Beneficial effects.--The Assistant Secretary shall
determine that financial assistance for the project under the
BIFIA program will--
(A) foster, if appropriate, partnerships that
attract public and private investment for the project;
(B) enable the project to proceed at an earlier
date than the project would otherwise be able to
proceed or reduce the lifecycle costs (including debt
service costs) of the project; and
(C) reduce the contribution of Federal grant
assistance for the project.
(8) Project readiness.--To be eligible for assistance under
the BIFIA program, the applicant shall demonstrate a reasonable
expectation that the contracting process for the construction
and deployment of infrastructure for the provision of broadband
service through the project can commence by no later than 90
days after the date on which a Federal credit instrument is
obligated for the project under the BIFIA program.
(9) Public sponsorship of private entities.--
(A) In general.--If an eligible project is carried
out by an entity that is not a State or local
government or an agency or instrumentality of a State
or local government or a Tribal Government or
consortium of Tribal Governments, the project shall be
publicly sponsored.
(B) Public sponsorship.--For purposes of this
subtitle, a project shall be considered to be publicly
sponsored if the obligor can demonstrate, to the
satisfaction of the Assistant Secretary, that the
project applicant has consulted with the State, local,
or Tribal government in the area in which the project
is located, or that is otherwise affected by the
project, and that such government supports the
proposal.
(b) Selection Among Eligible Projects.--
(1) Establishment of application process.--The Assistant
Secretary shall establish a rolling application process under
which projects that are eligible to receive credit assistance
under subsection (a) shall receive credit assistance on terms
acceptable to the Assistant Secretary, if adequate funds are
available to cover the subsidy costs associated with the
Federal credit instrument.
(2) Preliminary rating opinion letter.--The Assistant
Secretary shall require each project applicant to provide--
(A) a preliminary rating opinion letter from at
least one rating agency--
(i) indicating that the senior obligations
of the project, which may be the Federal credit
instrument, have the potential to achieve an
investment-grade rating; and
(ii) including a preliminary rating opinion
on the Federal credit instrument; or
(B) in the case of a small project, alternative
documentation that the Assistant Secretary shall
require in the standards established under section 3206
for purposes of this paragraph.
(3) Technology neutrality required.--In selecting projects
to receive credit assistance under the BIFIA program, the
Assistant Secretary may not favor a project using any
particular technology.
(4) Preference for open-access networks.--In selecting
projects to receive credit assistance under the BIFIA program,
the Assistant Secretary shall give preference to projects
providing for the deployment of open-access broadband service
networks.
(c) Federal Requirements.--
(1) In general.--The following provisions of law shall
apply to funds made available under the BIFIA program and
projects assisted with those funds:
(A) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(B) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(C) 54 U.S.C. 300101 et seq. (commonly referred to
as the ``National Historic Preservation Act'').
(D) The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(2) NEPA.--No funding shall be obligated for a project that
has not received an environmental categorical exclusion, a
finding of no significant impact, or a record of decision under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(3) Title vi of the civil rights act of 1964.--For purposes
of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.), any project that receives credit assistance under the
BIFIA program shall be considered a program or activity within
the meaning of section 606 of such title (42 U.S.C. 2000d-4a).
(4) Contracting requirements.--All laborers and mechanics
employed by contractors or subcontractors in the performance of
construction, alteration, or repair work carried out, in whole
or in part, with assistance made available through a Federal
credit instrument shall be paid wages at rates not less than
those prevailing on projects of a similar character in the
locality as determined by the Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States
Code. With respect to the labor standards in this paragraph,
the Secretary of Labor shall have the authority and functions
set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.) and section 3145 of title 40, United
States Code.
(5) Neutrality requirement.--An employer receiving
assistance made available through a Federal credit instrument
under this subtitle shall remain neutral with respect to the
exercise of employees and labor organizations of the right to
organize and bargain under the National Labor Relations Act (29
U.S.C. 151 et seq.).
(6) Referral of alleged violations of applicable federal
labor and employment laws.--The Assistant Secretary shall refer
any alleged violation of an applicable labor and employment law
to the appropriate Federal agency for investigation and
enforcement, and any alleged violation of paragraph (4) or (5)
to the National Labor Relations Board for investigation and
enforcement, utilizing all appropriate remedies up to and
including debarment from the BIFIA program.
(d) Application Processing Procedures.--
(1) Notice of complete application.--Not later than 30 days
after the date of receipt of an application under this section,
the Assistant Secretary shall provide to the applicant a
written notice to inform the applicant whether--
(A) the application is complete; or
(B) additional information or materials are needed
to complete the application.
(2) Approval or denial of application.--Not later than 60
days after the date of issuance of the written notice under
paragraph (1), the Assistant Secretary shall provide to the
applicant a written notice informing the applicant whether the
Assistant Secretary has approved or disapproved the
application.
(3) Approval before nepa review.--Subject to subsection
(c)(2), an application for a project may be approved before the
project receives an environmental categorical exclusion, a
finding of no significant impact, or a record of decision under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(e) Development Phase Activities.--Any credit instrument secured
under the BIFIA program may be used to finance up to 100 percent of the
cost of development phase activities as described in section
3202(3)(A).
SEC. 3204. SECURED LOANS.
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) and (3), the
Assistant Secretary may enter into agreements with one or more
obligors to make secured loans, the proceeds of which shall be
used--
(A) to finance eligible project costs of any
project selected under section 3203;
(B) to refinance interim construction financing of
eligible project costs of any project selected under
section 3203; or
(C) to refinance long-term project obligations or
Federal credit instruments, if the refinancing provides
additional funding capacity for the completion,
enhancement, or expansion of any project that--
(i) is selected under section 3203; or
(ii) otherwise meets the requirements of
section 3203.
(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B)--
(A) if the maturity of such interim construction
financing is later than 1 year after the substantial
completion of the project; and
(B) later than 1 year after the date of substantial
completion of the project.
(3) Risk assessment.--Before entering into an agreement
under this subsection, the Assistant Secretary, in consultation
with the Director of the Office of Management and Budget, shall
determine an appropriate capital reserve subsidy amount for
each secured loan, taking into account each rating letter
provided by a rating agency under section 3203(b)(2)(A)(ii) or,
in the case of a small project, the alternative documentation
provided under section 3203(b)(2)(B).
(b) Terms and Limitations.--
(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Assistant Secretary determines to be appropriate.
(2) Maximum amount.--The amount of a secured loan under
this section shall not exceed the lesser of 49 percent of the
reasonably anticipated eligible project costs or, if the
secured loan is not for a small project and does not receive an
investment-grade rating, the amount of the senior project
obligations.
(3) Payment.--A secured loan under this section--
(A) shall--
(i) be payable, in whole or in part, from--
(I) amounts charged to--
(aa) subscribers of
broadband service for such
service; or
(bb) subscribers of any
related service provided over
the same infrastructure for
such related service;
(II) user fees;
(III) payments owing to the obligor
under a public-private partnership; or
(IV) other dedicated revenue
sources that also secure the senior
project obligations; and
(ii) include a coverage requirement or
similar security feature supporting the project
obligations; and
(B) may have a lien on revenues described in
subparagraph (A), subject to any lien securing project
obligations.
(4) Interest rate.--The interest rate on a secured loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the
maturity of the secured loan on the date of execution of the
loan agreement.
(5) Maturity date.--The final maturity date of the secured
loan shall be the lesser of--
(A) 35 years after the date of substantial
completion of the project; and
(B) if the useful life of the infrastructure for
the provision of broadband service being financed is of
a lesser period, the useful life of the infrastructure.
(6) Nonsubordination.--
(A) In general.--Except as provided in subparagraph
(B), the secured loan shall not be subordinated to the
claims of any holder of project obligations in the
event of bankruptcy, insolvency, or liquidation of the
obligor.
(B) Preexisting indenture.--
(i) In general.--The Assistant Secretary
shall waive the requirement under subparagraph
(A) for a public agency borrower that is
financing ongoing capital programs and has
outstanding senior bonds under a preexisting
indenture, if--
(I) the secured loan--
(aa) is rated in the A
category or higher; or
(bb) in the case of a small
project, meets an alternative
standard that the Assistant
Secretary shall establish under
section 3206 for purposes of
this subclause;
(II) the secured loan is secured
and payable from pledged revenues not
affected by project performance, such
as a tax-backed revenue pledge or a
system-backed pledge of project
revenues; and
(III) the BIFIA program share of
eligible project costs is 33 percent or
less.
(ii) Limitation.--If the Assistant
Secretary waives the nonsubordination
requirement under this subparagraph--
(I) the maximum credit subsidy to
be paid by the Federal Government shall
be not more than 10 percent of the
principal amount of the secured loan;
and
(II) the obligor shall be
responsible for paying the remainder of
the subsidy cost, if any.
(7) Fees.--The Assistant Secretary may establish fees at a
level sufficient to cover all or a portion of the costs to the
Federal Government of making a secured loan under this section.
(8) Non-federal share.--The proceeds of a secured loan
under the BIFIA program, if the loan is repayable from non-
Federal funds--
(A) may be used for any non-Federal share of
project costs required under this subtitle; and
(B) shall not count toward the total Federal
assistance provided for a project for purposes of
paragraph (9).
(9) Maximum federal involvement.--The total Federal
assistance provided for a project receiving a loan under the
BIFIA program shall not exceed 80 percent of the total project
cost.
(c) Repayment.--
(1) Schedule.--The Assistant Secretary shall establish a
repayment schedule for each secured loan under this section
based on--
(A) the projected cash flow from project revenues
and other repayment sources; and
(B) the useful life of the infrastructure for the
provision of broadband service being financed.
(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial completion
of the project.
(3) Deferred payments.--
(A) In general.--If, at any time after the date of
substantial completion of the project, the project is
unable to generate sufficient revenues to pay the
scheduled loan repayments of principal and interest on
the secured loan, the Assistant Secretary may, subject
to subparagraph (C), allow the obligor to add unpaid
principal and interest to the outstanding balance of
the secured loan.
(B) Interest.--Any payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest in
accordance with subsection (b)(4) until fully
repaid; and
(ii) be scheduled to be amortized over the
remaining term of the loan.
(C) Criteria.--
(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the
project meeting criteria established by the
Assistant Secretary.
(ii) Repayment standards.--The criteria
established pursuant to clause (i) shall
include standards for reasonable assurance of
repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured
loan and all deposit requirements under the terms of
any trust agreement, bond resolution, or similar
agreement securing project obligations may be applied
annually to prepay the secured loan without penalty.
(B) Use of proceeds of refinancing.--The secured
loan may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding
sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Assistant Secretary may sell to
another entity or reoffer into the capital markets a secured
loan for the project if the Assistant Secretary determines that
the sale or reoffering can be made on favorable terms.
(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Assistant Secretary may not change the
original terms and conditions of the secured loan without the
written consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Assistant Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan under
this section if the Assistant Secretary determines that the
budgetary cost of the loan guarantee is substantially the same
as that of a secured loan.
(2) Terms.--The terms of a loan guarantee under paragraph
(1) shall be consistent with the terms required under this
section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated
between the obligor and the lender, with the consent of the
Assistant Secretary.
(f) Streamlined Application Process.--
(1) In general.--The Assistant Secretary shall develop one
or more expedited application processes, available at the
request of entities seeking secured loans under the BIFIA
program, that use a set or sets of conventional terms
established pursuant to this section.
(2) Terms.--In establishing the streamlined application
process required by this subsection, the Assistant Secretary
may allow for an expedited application period and include terms
such as those that require--
(A) that the project be a small project;
(B) the secured loan to be secured and payable from
pledged revenues not affected by project performance,
such as a tax-backed revenue pledge, tax increment
financing, or a system-backed pledge of project
revenues; and
(C) repayment of the loan to commence not later
than 5 years after disbursement.
SEC. 3205. LINES OF CREDIT.
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) through (4), the
Assistant Secretary may enter into agreements to make available
to one or more obligors lines of credit in the form of direct
loans to be made by the Assistant Secretary at future dates on
the occurrence of certain events for any project selected under
section 3203.
(2) Use of proceeds.--The proceeds of a line of credit made
available under this section shall be available to pay debt
service on project obligations issued to finance eligible
project costs, extraordinary repair and replacement costs,
operation and maintenance expenses, and costs associated with
unexpected Federal or State environmental restrictions.
(3) Risk assessment.--
(A) In general.--Except as provided in subparagraph
(B), before entering into an agreement under this
subsection, the Assistant Secretary, in consultation
with the Director of the Office of Management and
Budget and each rating agency providing a preliminary
rating opinion letter under section 3203(b)(2)(A),
shall determine an appropriate capital reserve subsidy
amount for each line of credit, taking into account the
rating opinion letter.
(B) Small projects.--Before entering into an
agreement under this subsection to make available a
line of credit for a small project, the Assistant
Secretary, in consultation with the Director of the
Office of Management and Budget, shall determine an
appropriate capital reserve subsidy amount for each
such line of credit, taking into account the
alternative documentation provided under section
3203(b)(2)(B) instead of preliminary rating opinion
letters provided under section 3203(b)(2)(A).
(4) Investment-grade rating requirement.--The funding of a
line of credit under this section shall be contingent on--
(A) the senior obligations of the project receiving
an investment-grade rating from 2 rating agencies; or
(B) in the case of a small project, the project
meeting an alternative standard that the Assistant
Secretary shall establish under section 3206 for
purposes of this paragraph.
(b) Terms and Limitations.--
(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Assistant Secretary determines to be appropriate.
(2) Maximum amounts.--The total amount of a line of credit
under this section shall not exceed 33 percent of the
reasonably anticipated eligible project costs.
(3) Draws.--Any draw on a line of credit under this section
shall--
(A) represent a direct loan; and
(B) be made only if net revenues from the project
(including capitalized interest, but not including
reasonably required financing reserves) are
insufficient to pay the costs specified in subsection
(a)(2).
(4) Interest rate.--The interest rate on a direct loan
resulting from a draw on the line of credit shall be not less
than the yield on 30-year United States Treasury securities, as
of the date of execution of the line of credit agreement.
(5) Security.--A line of credit issued under this section--
(A) shall--
(i) be payable, in whole or in part, from--
(I) amounts charged to--
(aa) subscribers of
broadband service for such
service; or
(bb) subscribers of any
related service provided over
the same infrastructure for
such related service;
(II) user fees;
(III) payments owing to the obligor
under a public-private partnership; or
(IV) other dedicated revenue
sources that also secure the senior
project obligations; and
(ii) include a coverage requirement or
similar security feature supporting the project
obligations; and
(B) may have a lien on revenues described in
subparagraph (A), subject to any lien securing project
obligations.
(6) Period of availability.--The full amount of a line of
credit under this section, to the extent not drawn upon, shall
be available during the 10-year period beginning on the date of
substantial completion of the project.
(7) Rights of third-party creditors.--
(A) Against federal government.--A third-party
creditor of the obligor shall not have any right
against the Federal Government with respect to any draw
on a line of credit under this section.
(B) Assignment.--An obligor may assign a line of
credit under this section to--
(i) one or more lenders; or
(ii) a trustee on the behalf of such a
lender.
(8) Nonsubordination.--
(A) In general.--Except as provided in subparagraph
(B), a direct loan under this section shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
(B) Pre-existing indenture.--
(i) In general.--The Assistant Secretary
shall waive the requirement of subparagraph (A)
for a public agency borrower that is financing
ongoing capital programs and has outstanding
senior bonds under a preexisting indenture,
if--
(I) the line of credit--
(aa) is rated in the A
category or higher; or
(bb) in the case of a small
project, meets an alternative
standard that the Assistant
Secretary shall establish under
section 3206 for purposes of
this subclause;
(II) the BIFIA program loan
resulting from a draw on the line of
credit is payable from pledged revenues
not affected by project performance,
such as a tax-backed revenue pledge or
a system-backed pledge of project
revenues; and
(III) the BIFIA program share of
eligible project costs is 33 percent or
less.
(ii) Limitation.--If the Assistant
Secretary waives the nonsubordination
requirement under this subparagraph--
(I) the maximum credit subsidy to
be paid by the Federal Government shall
be not more than 10 percent of the
principal amount of the secured loan;
and
(II) the obligor shall be
responsible for paying the remainder of
the subsidy cost.
(9) Fees.--The Assistant Secretary may establish fees at a
level sufficient to cover all or a portion of the costs to the
Federal Government of providing a line of credit under this
section.
(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section also shall
not receive a secured loan or loan guarantee under section 3204
in an amount that, combined with the amount of the line of
credit, exceeds 49 percent of eligible project costs.
(c) Repayment.--
(1) Terms and conditions.--The Assistant Secretary shall
establish repayment terms and conditions for each direct loan
under this section based on--
(A) the projected cash flow from project revenues
and other repayment sources; and
(B) the useful life of the infrastructure for the
provision of broadband service being financed.
(2) Timing.--All repayments of principal or interest on a
direct loan under this section shall be scheduled--
(A) to commence not later than 5 years after the
end of the period of availability specified in
subsection (b)(6); and
(B) to conclude, with full repayment of principal
and interest, by the date that is 25 years after the
end of the period of availability specified in
subsection (b)(6).
SEC. 3206. ALTERNATIVE PRUDENTIAL LENDING STANDARDS FOR SMALL PROJECTS.
Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary shall establish alternative, streamlined
prudential lending standards for small projects receiving credit
assistance under the BIFIA program to ensure that such projects pose no
additional risk to the Federal Government, as compared with projects
that are not small projects.
SEC. 3207. PROGRAM ADMINISTRATION.
(a) Requirement.--The Assistant Secretary shall establish a uniform
system to service the Federal credit instruments made available under
the BIFIA program.
(b) Fees.--The Assistant Secretary may collect and spend fees,
contingent on authority being provided in appropriations Acts, at a
level that is sufficient to cover--
(1) the costs of services of expert firms retained pursuant
to subsection (d); and
(2) all or a portion of the costs to the Federal Government
of servicing the Federal credit instruments.
(c) Servicer.--
(1) In general.--The Assistant Secretary may appoint a
financial entity to assist the Assistant Secretary in servicing
the Federal credit instruments.
(2) Duties.--A servicer appointed under paragraph (1) shall
act as the agent for the Assistant Secretary.
(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Assistant
Secretary.
(d) Assistance From Expert Firms.--The Assistant Secretary may
retain the services of expert firms, including counsel, in the field of
municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments.
(e) Expedited Processing.--The Assistant Secretary shall implement
procedures and measures to economize the time and cost involved in
obtaining approval and the issuance of credit assistance under the
BIFIA program.
(f) Assistance to Small Projects.--Of the amount appropriated under
section 3210(a), and after the set-aside for administrative expenses
under section 3210(b), not less than 20 percent shall be made available
for the Assistant Secretary to use in lieu of fees collected under
subsection (b) for small projects.
SEC. 3208. STATE AND LOCAL PERMITS.
The provision of credit assistance under the BIFIA program with
respect to a project shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on private
equity invested in the project; or
(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
SEC. 3209. REGULATIONS.
The Assistant Secretary may promulgate such regulations as the
Assistant Secretary determines to be appropriate to carry out the BIFIA
program.
SEC. 3210. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Assistant Secretary $5,000,000,000 for fiscal year
2022 to carry out this subtitle, and such amount is authorized to
remain available through fiscal year 2026.
(b) Administrative Expenses.--Of the amount appropriated under
subsection (a), the Assistant Secretary may use not more than 5 percent
for the administration of the BIFIA program.
SEC. 3211. REPORTS TO CONGRESS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and every 2 years thereafter, the Assistant
Secretary shall submit to Congress a report summarizing the financial
performance of the projects that are receiving, or have received,
assistance under the BIFIA program, including a recommendation as to
whether the objectives of the BIFIA program are best served by--
(1) continuing the program under the authority of the
Assistant Secretary; or
(2) establishing a Federal corporation or federally
sponsored enterprise to administer the program.
(b) Application Process Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Assistant Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
that includes a list of all of the letters of interest and
applications received for assistance under the BIFIA program
during the preceding fiscal year.
(2) Inclusions.--
(A) In general.--Each report under paragraph (1)
shall include, at a minimum, a description of, with
respect to each letter of interest and application
included in the report--
(i) the date on which the letter of
interest or application was received;
(ii) the date on which a notification was
provided to the applicant regarding whether the
application was complete or incomplete;
(iii) the date on which a revised and
completed application was submitted (if
applicable);
(iv) the date on which a notification was
provided to the applicant regarding whether the
project was approved or disapproved; and
(v) if the project was not approved, the
reason for the disapproval.
(B) Correspondence.--Each report under paragraph
(1) shall include copies of any correspondence provided
to the applicant in accordance with section 3203(d).
Subtitle C--Wi-Fi on School Buses
SEC. 3301. E-RATE SUPPORT FOR SCHOOL BUS WI-FI.
(a) Definition.--In this section, the term ``school bus'' means a
passenger motor vehicle that is--
(1) designed to carry a driver and not less than 5
passengers; and
(2) used significantly to transport early child education,
elementary school, or secondary school students to or from
school or an event related to school.
(b) Rulemaking.--Notwithstanding the limitations under paragraphs
(1)(B) and (2)(A) of section 254(h) of the Communications Act of 1934
(47 U.S.C. 254(h)) regarding the authorized recipients and uses of
discounted telecommunications services, not later than 180 days after
the date of enactment of this Act, the Commission shall commence a
rulemaking to make the provision of Wi-Fi access on school buses
eligible for support under the E-rate program of the Commission set
forth under subpart F of part 54 of title 47, Code of Federal
Regulations.
TITLE IV--COMMUNITY BROADBAND
SEC. 4001. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP, AND CO-OP
BROADBAND SERVICES.
Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)
is amended--
(1) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) State, Local, Public-Private Partnership, and Co-Op Advanced
Telecommunications Capability and Services.--
``(1) In general.--No State statute, regulation, or other
State legal requirement may prohibit or have the effect of
prohibiting any public provider, public-private partnership
provider, or cooperatively organized provider from providing,
to any person or any public or private entity, advanced
telecommunications capability or any service that utilizes the
advanced telecommunications capability provided by such
provider.
``(2) Antidiscrimination safeguards.--
``(A) Public providers.--To the extent any public
provider regulates competing private providers of
advanced telecommunications capability or services that
utilize advanced telecommunications capability, such
public provider shall apply its ordinances and rules
without discrimination in favor of itself or any
provider that it owns of services that utilize advanced
telecommunications capability.
``(B) Public-private partnership providers.--To the
extent any State or local entity that is part of a
public-private partnership provider regulates competing
private providers of advanced telecommunications
capability or services that utilize advanced
telecommunications capability, such State or local
entity shall apply its ordinances and rules without
discrimination in favor of such public-private
partnership provider or any provider that such State or
local entity or public-private partnership provider
owns of services that utilize advanced
telecommunications capability.
``(3) Savings clause.--Nothing in this subsection shall
exempt a public provider, public-private partnership provider,
or cooperatively organized provider from any Federal or State
telecommunications law or regulation that applies to all
providers of advanced telecommunications capability or services
that utilize such advanced telecommunications capability.'';
and
(2) in subsection (e), as redesignated--
(A) in the matter preceding paragraph (1), by
striking ``this subsection'' and inserting ``this
section'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Cooperatively organized provider.--The term
`cooperatively organized provider' means an entity that is
treated as a cooperative under Federal tax law and that
provides advanced telecommunications capability, or any service
that utilizes such advanced telecommunications capability, to
any person or public or private entity.''; and
(D) by adding at the end the following:
``(4) Public provider.--The term `public provider' means a
State or local entity that provides advanced telecommunications
capability, or any service that utilizes such advanced
telecommunications capability, to any person or public or
private entity.
``(5) Public-private partnership provider.--The term
`public-private partnership provider' means a public-private
partnership, between a State or local entity and a private
entity, that provides advanced telecommunications capability,
or any service that utilizes such advanced telecommunications
capability, to any person or public or private entity.
``(6) State or local entity.--The term `State or local
entity' means a State or political subdivision thereof, any
agency, authority, or instrumentality of a State or political
subdivision thereof, or an Indian Tribe (as defined in section
4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304(e))).''.
TITLE V--BROADBAND INFRASTRUCTURE DEPLOYMENT
SEC. 5001. BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate state agency.--The term ``appropriate State
agency'' means a State governmental agency that is recognized
by the executive branch of the State as having the experience
necessary to evaluate and facilitate the installation and
operation of broadband infrastructure within the State.
(2) Broadband.--The term ``broadband'' has the meaning
given the term ``advanced telecommunications capability'' in
section 706 of the Telecommunications Act of 1996 (47 U.S.C.
1302).
(3) Broadband conduit.--The term ``broadband conduit''
means a conduit or innerduct for fiber optic cables (or
successor technology of greater quality and speed) that
supports the provision of broadband.
(4) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried or underground facility and
any wireless or wireline connection that enables the provision
of broadband.
(5) Broadband provider.--The term ``broadband provider''
means an entity that provides broadband to any person or
facilitates provision of broadband to any person, including,
with respect to such entity--
(A) a corporation, company, association, firm,
partnership, nonprofit organization, or any other
private entity;
(B) a State or local broadband provider;
(C) an Indian Tribe; and
(D) a partnership between any of the entities
described in subparagraphs (A), (B), and (C).
(6) Covered highway construction project.--
(A) In general.--The term ``covered highway
construction project'' means, without regard to
ownership of a highway, a project to construct a new
highway or an additional lane for an existing highway,
to reconstruct an existing highway, or new
construction, including for a paved shoulder.
(B) Exclusions.--The term ``covered highway
construction project'' excludes any project--
(i) awarded before the date on which
regulations required under subsection (b) take
effect;
(ii) that does not include work beyond the
edge of pavement or current paved shoulder; or
(iii) that does not require excavation.
(7) Dig once requirement.--The term ``dig once
requirement'' means a requirement designed to reduce the cost
and accelerate the deployment to broadband by minimizing the
number and scale of repeated excavations for the installation
and maintenance of broadband conduit or broadband
infrastructure in rights-of-way.
(8) Project.--The term ``project'' has the meaning given
such term in section 101 of title 23, United States Code.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(10) State.--The term ``State'' has the meaning given such
term in section 401 of title 23, United States Code.
(11) State or local broadband provider.--The term ``State
or local broadband provider'' means a State or political
subdivision thereof, or any agency, authority, or
instrumentality of a State or political subdivision thereof,
that provides broadband to any person or facilitates the
provision of broadband to any person in that State.
(12) Tribal government.--The term ``Tribal government''
means the recognized governing body of an Indian Tribe or any
agency, authority, or instrumentality of such governing body or
such Indian Tribe.
(b) Dig Once Requirement.--To facilitate the installation of
broadband infrastructure, the Secretary shall, not later than 9 months
after the date of enactment of this Act, promulgate regulations to
ensure that each State that receives funds under chapter 1 of title 23,
United States Code, meets the following requirements:
(1) Broadband planning.--The State department of
transportation, in consultation with appropriate State
agencies, shall--
(A) identify a broadband coordinator, who may have
additional responsibilities in the State department of
transportation or in another State agency, that is
responsible for facilitating the broadband
infrastructure right-of-way efforts within the State;
and
(B) review existing State broadband plans,
including existing dig once requirements of the State,
municipal governments incorporated under State law, and
Tribal governments within the State, to determine
opportunities to coordinate projects occurring within
or across highway rights-of-way with planned broadband
infrastructure projects.
(2) Notice of planned construction for broadband
providers.--
(A) Notice.--The State department of
transportation, in consultation with appropriate State
agencies, shall establish a process--
(i) for the registration of broadband
providers that seek to be included in the
advance notification of, and opportunity to
participate in, broadband infrastructure right-
of-way facilitation efforts within the State;
and
(ii) to electronically notify all broadband
providers registered under clause (i)--
(I) of the State transportation
improvement program on at least an
annual basis; and
(II) of projects within the highway
right-of-way for which Federal funding
is expected to be obligated in the
subsequent fiscal year.
(B) Website.--A State department of transportation
shall be considered to meet the requirements of
subparagraph (A) if such State department of
transportation publishes on a public website--
(i) the State transportation improvement
program on at least an annual basis; and
(ii) projects within the highway right-of-
way for which Federal funding is expected to be
obligated in the subsequent fiscal year.
(C) Coordination.--The State department of
transportation, in consultation with appropriate State
agencies, shall establish a process for a broadband
provider to commit to installing broadband conduit or
broadband infrastructure as part of any project.
(3) Required installation of conduit.--
(A) In general.--The State department of
transportation shall install broadband conduit, in
accordance with this paragraph, except as described in
subparagraph (F), as part of any covered highway
construction project, unless a broadband provider has
committed to install broadband conduit or broadband
infrastructure as part of such project in a process
described under paragraph (2)(C).
(B) Installation requirements.--The State
department of transportation shall ensure that--
(i) an appropriate number of broadband
conduits, as determined in consultation with
the appropriate State agencies, are installed
along the highway of a covered highway
construction project to accommodate multiple
broadband providers, with consideration given
to the availability of existing conduits;
(ii) the size of each such conduit is
consistent with industry best practices and is
sufficient to accommodate potential demand, as
determined in consultation with the appropriate
State agencies;
(iii) hand holes and manholes necessary for
fiber access and pulling with respect to such
conduit are placed at intervals consistent with
standards determined in consultation with the
appropriate State agencies (which may differ by
type of road, topologies, and rurality) and
consistent with safety requirements;
(iv) each broadband conduit installed
pursuant to this paragraph includes a pull tape
and is capable of supporting fiber optic cable
placement techniques consistent with best
practices; and
(v) is placed at a depth consistent with
requirements of the covered highway
construction project and best practices and
that, in determining the depth of placement,
consideration is given to the location of
existing utilities and cable separation
requirements of State and local electrical
codes.
(C) Guidance for the installation of broadband
conduit.--The Secretary, in consultation with the
Assistant Secretary, shall issue guidance for best
practices related to the installation of broadband
conduit as described in this paragraph and of conduit
and similar infrastructure for intelligent
transportation systems (as such term is defined in
section 501 of title 23, United States Code) that may
utilize broadband conduit installed pursuant to this
paragraph.
(D) Access.--
(i) In general.--The State department of
transportation shall ensure that any requesting
broadband provider has access to each broadband
conduit installed pursuant to this paragraph,
on a competitively neutral and
nondiscriminatory basis, and in accordance with
State permitting, licensing, leasing, or other
similar laws and regulations.
(ii) Fee schedule.--The State department of
transportation, in consultation with
appropriate State agencies, shall publish a fee
schedule for a broadband provider to access
conduit installed pursuant to this paragraph.
Fees in such schedule--
(I) shall be consistent with the
fees established pursuant to section
224 of the Communications Act of 1934
(47 U.S.C. 224);
(II) may vary by topography,
location, type of road, rurality, and
other factors in the determination of
the State; and
(III) may be updated not more
frequently than annually.
(iii) In-kind compensation.--The State
department of transportation may negotiate in-
kind compensation with any broadband provider
requesting access to broadband conduit
installed under the provisions of this
paragraph as a replacement for part or all of,
but not to exceed, the relevant fee in the fee
schedule described in clause (ii).
(iv) Safety considerations.--The State
department of transportation shall require of
broadband providers a process for safe access
to the highway right-of-way during installation
and on-going maintenance of the broadband fiber
optic cables including a traffic control safety
plan.
(v) Communication.--A broadband provider
with access to the conduit installed pursuant
to this subsection shall notify and receive
permission from the relevant agencies of State
responsible for the installation of such
broadband conduit prior to accessing any
highway or highway right-of-way, in accordance
with applicable Federal requirements.
(E) Treatment of projects.--Notwithstanding any
other provision of law, broadband conduit and broadband
infrastructure installation projects under this
paragraph shall comply with section 113(a) of title 23,
United States Code.
(F) Waiver authority.--
(i) In general.--A State department of
transportation may waive the required
installation of broadband conduit for part or
all of any covered highway construction project
under this paragraph if, in the determination
of the State--
(I) broadband infrastructure,
terrestrial broadband infrastructure,
aerial broadband fiber cables, or
broadband conduit is present near a
majority of the length of the covered
highway construction project;
(II) the installation of conduit
increases overall costs of a covered
highway construction project by 1.5
percent or greater;
(III) the installation of broadband
conduit associated with covered highway
construction project will not be
utilized or connected to future
broadband infrastructure in the next 20
years, in the determination of the
State department of transportation, in
consultation with appropriate State
agencies and potentially affected local
governments and Tribal governments;
(IV) the requirements of this
paragraph would require installation of
conduit redundant with a dig once
requirement of a local or Tribal
government;
(V) there exists a circumstance
involving force majeure; or
(VI) other relevant factors, as
determined by the Secretary in
consultation with the Assistant
Secretary through regulation, warrant a
waiver.
(ii) Contents of waiver.--A waiver
authorized under this subparagraph shall--
(I) identify the covered highway
construction project; and
(II) include a brief description of
the determination of the State for
issuing such waiver.
(iii) Availability of waiver.--A waiver
authorized under this subparagraph shall be
included in the plans, specifications, and
estimates for the associated project, as long
as such info is publicly available.
(4) Priority.--If a State provides for the installation of
broadband infrastructure or broadband conduit in the right-of-
way of an applicable project under this subsection, the State
department of transportation, along with appropriate State
agencies, shall carry out appropriate measures to ensure that
any existing broadband providers are afforded equal opportunity
access, as compared to other broadband providers, with respect
to the program under this subsection.
(5) Consultation.--
(A) In general.--In promulgating regulations
required by this subsection or to implement any part of
this section, the Secretary shall consult--
(i) the Assistant Secretary;
(ii) the Commission;
(iii) State departments of transportation;
(iv) appropriate State agencies;
(v) agencies of local governments
responsible for transportation and rights-of-
way, utilities, and telecommunications and
broadband;
(vi) Tribal governments;
(vii) broadband providers; and
(viii) manufacturers of optical fiber,
conduit, pull tape, and related items.
(B) Broadband users.--The Secretary shall ensure
that the entities consulted under clauses (iii) through
(vi) of subparagraph (A) include rural areas and
populations with limited access to broadband
infrastructure.
(C) Broadband providers.--The Secretary shall
ensure that the entities consulted under clause (vii)
of subparagraph (A) include entities who provide
broadband to rural areas and populations with limited
access to broadband infrastructure.
(6) Prohibition on unfunded mandate.--
(A) In general.--This subsection shall apply only
to projects for which Federal obligations or
expenditures are initially approved on or after the
date regulations required under this subsection take
effect.
(B) No mandate.--Absent an available and dedicated
Federal source of funding--
(i) nothing in this subsection establishes
a mandate or requirement that a State install
broadband conduit in a highway right-of-way;
and
(ii) nothing in paragraph (3) shall
establish any requirement for a State.
(7) Rules of construction.--
(A) State law.--Nothing in this subsection shall be
construed to require a State to install or allow the
installation of broadband conduit or broadband
infrastructure--
(i) that is otherwise inconsistent with
what is allowable under State law; or
(ii) where the State lacks the authority or
property easement necessary for such
installation.
(B) No requirement for installation of mobile
services equipment.--Nothing in this section shall be
construed to require a State, a municipal government
incorporated under State law, or an Indian Tribe to
install or allow for the installation of equipment
essential for the provision of commercial mobile
services (as defined in section 332(d) of the
Communications Act of 1934 (47 U.S.C. 332(d))) or
commercial mobile data service (as defined in section
6001 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401)), other than broadband
conduit and associated equipment described in paragraph
(3)(B).
(c) Relation to State Dig Once Requirements.--Nothing in subsection
(b) or any regulations promulgated under subsection (b) shall be
construed to alter or supersede any provision of a State law or
regulation that provides for a dig once requirement that includes
similar or more stringent requirements to the provisions of subsection
(b) and any regulations promulgated under subsection (b).
(d) Dig Once Funding Task Force.--
(1) Establishment.--There is established an independent
task force on funding the nationwide dig once requirement
described in this section to be known as the ``Dig Once Funding
Task Force'' (hereinafter referred to as the ``Task Force'').
(2) Duties.--The duties of the Task Force shall be to--
(A) estimate the annual cost for implementing and
administering a nationwide dig once requirement; and
(B) propose and evaluate options for funding a
nationwide dig once requirement described in this
section that includes--
(i) a discussion of the role and potential
share of costs of--
(I) the Federal Government;
(II) State, local, and Tribal
governments; and
(III) broadband providers; and
(ii) consideration of the role of existing
dig once requirements of State, local, and
Tribal governments and private broadband
investment, with a goal to not discourage or
disincentivize such dig once requirements or
such investment.
(3) Reports.--
(A) Interim report and briefing.--Not later than 9
months after the date of enactment of this Act, the
Task Force shall submit an interim report to Congress
and provide briefings for Congress on the findings of
the Task Force.
(B) Final report.--Not later than 12 months after
the date of enactment of this Act, the Task Force shall
submit a final report to Congress on the findings of
the Task Force.
(4) Members.--
(A) Appointments.--The Task Force shall consist of
14 members, consisting of--
(i) the two co-chairs described in
subparagraph (B);
(ii) six members jointly appointed by the
Speaker and minority leader of the House of
Representatives, in consultation with the
respective Chairs and Ranking Members of the--
(I) the Committee on Transportation
and Infrastructure of the House of
Representatives;
(II) the Committee on Energy and
Commerce of the House of
Representatives; and
(III) the Committee on
Appropriations of the House of
Representatives; and
(iii) six members jointly appointed by the
majority leader and minority leader of the
Senate, in consultation with the respective
Chairs and Ranking Members of the--
(I) the Committee on Environment
and Public Works of the Senate;
(II) the Committee on Commerce,
Science, and Transportation of the
Senate; and
(III) the Committee on
Appropriations of the Senate.
(B) Co-chairs.--The Task Force shall be co-chaired
by the Secretary and the Assistant Secretary, or their
designees.
(C) Composition.--The Task Force shall include at
least--
(i) one representative from a State
department of transportation;
(ii) one representative from a local
government;
(iii) one representative from a Tribal
government;
(iv) one representative from a broadband
provider;
(v) one representative from a State or
local broadband provider;
(vi) one representative from a labor union;
and
(vii) one representative from a public
interest organization.
(D) Appointment deadline.--Members shall be
appointed to the Task Force not later than 60 days
after the date of enactment of this Act.
(E) Effect of lack of appointment by appointment
date.--If one or more appointments required under
subparagraph (A) is not made by the appointment date
specified in subparagraph (D), the authority to make
such appointment or appointments shall expire and the
number of members of the Task Force shall be reduced by
the number equal to the number of appointments so
expired.
(F) Terms.--Members shall be appointed for the life
of the Task Force. A vacancy in the Task Force shall
not affect its powers and shall be filled in the same
manner as the initial appointment was made.
(5) Consultations.--In carrying out the duties required
under this subsection, the Task Force shall consult, at a
minimum--
(A) the Commission;
(B) agencies of States including--
(i) State departments of transportation;
and
(ii) appropriate State agencies;
(C) agencies of local governments responsible for
transportation and rights of way, utilities, and
telecommunications and broadband;
(D) Tribal governments;
(E) broadband providers and other
telecommunications providers;
(F) labor unions; and
(G) State or local broadband providers and Tribal
governments that act as broadband providers.
(6) Additional provisions.--
(A) Expenses for non-federal members.--Non-Federal
members of the Task Force shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees under subchapter I of
chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the
performance of services for the Task Force.
(B) Staff.--Staff of the Task Force shall comprise
detailees with relevant expertise from the Department
of Transportation and the National Telecommunications
and Information Administration, or another Federal
agency the co-chairpersons consider appropriate, with
the consent of the head of the Federal agency, and such
detailee shall retain the rights, status, and
privileges of his or her regular employment without
interruption.
(C) Administrative assistance.--The Secretary and
Assistant Secretary shall provide to the Task Force on
a reimbursable basis administrative support and other
services for the performance of the functions of the
Task Force.
(7) Termination.--The Task Force shall terminate not later
than 90 days after issuance of the final report required under
paragraph (3)(B).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Communications and Technology.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit.
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