H.R. 1848, Leading Infrastructure For Tomorrow’s America Act
Summary
H.R. 1848, the Leading Infrastructure For Tomorrow’s America Act or the LIFT America Act, was introduced March 11, 2021 by Mr. Pallone (for himself, Mr. Rush, Ms. Eshoo, and other Members). It is a bill to rebuild and modernize the Nation’s infrastructure to expand access to broadband and Next Generation 9–1–1, rehabilitate drinking water infrastructure, and modernize the electric grid and energy supply infrastructure. Title I covers universal broadband and Next Generation 9–1–1, beginning with digital equity. A home energy provision sets the maximum amount of a measured performance rebate at $2,000 for reducing home energy use by at least 20 percent, but less than 40 percent.
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“H.R. 1848, Leading Infrastructure For Tomorrow’s America Act.”
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I
117TH CONGRESS
1ST SESSION
H. R. 1848
To rebuild and modernize the Nation’s infrastructure to expand access to
broadband and Next Generation 9–1–1, rehabilitate drinking water infra-
structure, modernize the electric grid and energy supply infrastructure,
redevelop brownfields, strengthen health care infrastructure, create jobs,
and protect public health and the environment, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 2021
Mr. PALLONE (for himself, Mr. RUSH, Ms. ESHOO, Ms. DEGETTE, Mr. MI-
CHAEL F. DOYLE of Pennsylvania, Ms. SCHAKOWSKY, Mr.
BUTTERFIELD, Ms. MATSUI, Ms. CASTOR of Florida, Mr. SARBANES, Mr.
MCNERNEY, Mr. WELCH, Mr. TONKO, Ms. CLARKE of New York, Mr.
SCHRADER, Mr. CÁRDENAS, Mr. RUIZ, Mr. PETERS, Mrs. DINGELL, Mr.
VEASEY, Ms. KUSTER, Ms. KELLY of Illinois, Ms. BARRAGÁN, Mr.
MCEACHIN, Ms. BLUNT ROCHESTER, Mr. SOTO, Mr. O’HALLERAN, Miss
RICE of New York, Ms. CRAIG, Ms. SCHRIER, Mrs. TRAHAN, and Mrs.
FLETCHER) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, Natural Resources, Science, Space,
and Technology, Ways and Means, Education and Labor, Agriculture,
and Oversight and Reform, 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 rebuild and modernize the Nation’s infrastructure to ex-
pand access to broadband and Next Generation 9–1–
1, rehabilitate drinking water infrastructure, modernize
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the electric grid and energy supply infrastructure, rede-
velop brownfields, strengthen health care infrastructure,
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2
create jobs, and protect public health and the environ-
ment, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Leading Infrastructure For Tomorrow’s America Act’’ or
6 the ‘‘LIFT America Act’’.
7 (b) TABLE OF CONTENTS.—The table of contents for
8 this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—UNIVERSAL BROADBAND AND NEXT GENERATION 9–1–1
Sec. 10001. Definitions.
Sec. 10002. Sense of Congress.
Sec. 10003. Severability.
Subtitle A—Digital Equity
Sec. 11001. Definitions.
PART 1—OFFICE OF INTERNET CONNECTIVITY AND GROWTH
Sec. 11101. Annual report of Office.
Sec. 11102. Study and report on affordability of adoption of broadband service.
Sec. 11103. Authorization of appropriations.
Sec. 11104. Study and recommendations to connect socially disadvantaged indi-
viduals.
PART 2—DIGITAL EQUITY PROGRAMS
Sec. 11201. State Digital Equity Capacity Grant Program.
Sec. 11202. Digital Equity Competitive Grant Program.
Sec. 11203. Policy research, data collection, analysis and modeling, evaluation,
and dissemination.
Sec. 11204. General provisions.
Subtitle B—Broadband Affordability and Pricing Transparency
PART 1—BROADBAND AFFORDABILITY
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Sec. 12101. Authorization for additional funds for the Emergency Broadband
Connectivity Fund.
Sec. 12102. Grants to States to strengthen National Lifeline Eligibility
Verifier.
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Sec. 12103. Federal coordination between National Eligibility Verifier and Na-
tional Accuracy Clearinghouse.
Sec. 12104. Definitions.
PART 2—ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY
FUND
Sec. 12201. Additional authorization for Emergency Connectivity Fund.
PART 3—PRICING TRANSPARENCY
Sec. 12301. Definitions.
Sec. 12302. Broadband transparency.
Sec. 12303. Distribution of data.
Sec. 12304. Coordination with certain other Federal agencies.
Sec. 12305. Adoption of consumer broadband labels.
Sec. 12306. GAO report.
Subtitle C—Broadband Access
PART 1—EXPANSION OF BROADBAND ACCESS
Sec. 13101. Expansion of broadband access in unserved areas and areas with
low-tier or mid-tier service.
Sec. 13102. Tribal internet expansion.
PART 2—BROADBAND INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 13201. Short title.
Sec. 13202. Definitions.
Sec. 13203. Determination of eligibility and project selection.
Sec. 13204. Secured loans.
Sec. 13205. Lines of credit.
Sec. 13206. Alternative prudential lending standards for small projects.
Sec. 13207. Program administration.
Sec. 13208. State and local permits.
Sec. 13209. Regulations.
Sec. 13210. Funding.
Sec. 13211. Reports to Congress.
PART 3—WI-FI ON SCHOOL BUSES
Sec. 13301. E-rate support for school bus Wi-Fi.
Subtitle D—Community Broadband
Sec. 14001. State, local, public-private partnership, and co-op broadband serv-
ices.
Subtitle E—Next Generation 9–1–1
Sec. 15001. Further deployment of Next Generation 9–1–1.
TITLE II—DRINKING WATER INFRASTRUCTURE
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Sec. 20001. Drinking Water SRF Funding.
Sec. 20002. Drinking water system resilience funding.
Sec. 20003. PFAS treatment grants.
Sec. 20004. Lead service line replacement.
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Sec. 20005. Assistance for areas affected by natural disasters.
Sec. 20006. Allotments for territories.
TITLE III—CLEAN ENERGY INFRASTRUCTURE
Subtitle A—Grid Security and Modernization
Sec. 31001. 21st century power grid.
Sec. 31002. Strategic transformer reserve program.
Subtitle B—Energy Efficient Infrastructure
PART 1—EFFICIENCY GRANTS FOR STATE AND LOCAL GOVERNMENTS
Sec. 32101. Energy efficient public buildings.
Sec. 32102. Energy Efficiency and Conservation Block Grant Program.
PART 2—ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES
Sec. 32201. Grants for energy efficiency improvements and renewable energy
improvements at public school facilities.
PART 3—HOPE FOR HOMES
Sec. 32301. Definitions.
SUBPART A—HOPE TRAINING
Sec. 32311. Notice for HOPE Qualification training and grants.
Sec. 32312. Course criteria.
Sec. 32313. HOPE Qualification.
Sec. 32314. Grants.
Sec. 32315. Authorization of appropriations.
SUBPART B—HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM
Sec. 32321. Establishment of Home Energy Savings Retrofit Rebate Program.
Sec. 32322. Partial system rebates.
Sec. 32323. State administered rebates.
Sec. 32324. Special provisions for moderate income households.
Sec. 32325. Evaluation reports to Congress.
Sec. 32326. Administration.
Sec. 32327. Treatment of rebates.
Sec. 32328. Authorization of appropriations.
SUBPART C—GENERAL PROVISIONS
Sec. 32331. Appointment of personnel.
Sec. 32332. Maintenance of funding.
PART 4—ENERGY AND WATER PERFORMANCE AT FEDERAL FACILITIES
Sec. 32401. Energy and water performance requirement for Federal facilities.
PART 5—OPEN BACK BETTER
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Sec. 32501. Facilities energy resiliency.
Sec. 32502. Personnel.
Subtitle C—Energy Supply Infrastructure
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Sec. 33001. Grant program for solar installations located in, or that serve, low-
income and underserved areas.
Sec. 33002. Improving the natural gas distribution system.
Sec. 33003. Distributed energy resources.
Sec. 33004. Clean Energy and Sustainability Accelerator.
Sec. 33005. Dam safety.
Subtitle D—Smart Communities Infrastructure
PART 1—SMART COMMUNITIES
Sec. 34101. 3C energy program.
Sec. 34102. Federal technology assistance.
Sec. 34103. Technology demonstration grant program.
Sec. 34104. Smart city or community.
PART 2—CLEAN CITIES COALITION PROGRAM
Sec. 34201. Clean Cities Coalition Program.
PART 3—VEHICLE INFRASTRUCTURE
SUBPART A—ELECTRIC VEHICLE INFRASTRUCTURE
Sec. 34311. Definitions.
Sec. 34312. Electric vehicle supply equipment rebate program.
Sec. 34313. Model building code for electric vehicle supply equipment.
Sec. 34314. Electric vehicle supply equipment coordination.
Sec. 34315. State consideration of electric vehicle charging.
Sec. 34316. State energy plans.
Sec. 34317. Transportation electrification.
Sec. 34318. Federal fleets.
SUBPART B—ELECTRIC VEHICLES FOR UNDERSERVED COMMUNITIES
Sec. 34321. Expanding access to electric vehicles in underserved and disadvan-
taged communities.
Sec. 34322. Ensuring program benefits for underserved and disadvantaged
communities.
Sec. 34323. Definitions.
SUBPART C—PORT ELECTRIFICATION AND DECARBONIZATION
Sec. 34331. Definitions.
Sec. 34332. Grants to reduce air pollution at ports.
Sec. 34333. Model methodologies.
Sec. 34334. Port electrification.
Sec. 34335. Authorization of appropriations.
SUBPART D—OTHER VEHICLES
Sec. 34341. Clean School Bus Program.
Sec. 34342. Pilot program for the electrification of certain refrigerated vehicles.
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Sec. 34343. Domestic Manufacturing Conversion Grant Program.
Sec. 34344. Advanced technology vehicles manufacturing incentive program.
TITLE IV—HEALTH CARE INFRASTRUCTURE
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Sec. 40001. Core public health infrastructure for State, local, Tribal, and terri-
torial health departments.
Sec. 40002. Core public health infrastructure and activities for CDC.
Sec. 40003. Hospital infrastructure.
Sec. 40004. Pilot program to improve laboratory infrastructure.
Sec. 40005. 21st century Indian health program hospitals and outpatient
health care facilities.
Sec. 40006. Pilot program to improve community-based care infrastructure.
Sec. 40007. Community Health Center Capital Project Funding.
Sec. 40008. Energy efficiency.
TITLE V—BROWNFIELDS REDEVELOPMENT
Sec. 50001. Authorization of appropriations.
Sec. 50002. State response programs.
1 TITLE I—UNIVERSAL BROAD-
2 BAND AND NEXT GENERA-
3 TION 9–1–1
4 SEC. 10001. DEFINITIONS.
5 In this title:
6 (1) AGING INDIVIDUAL.—The term ‘‘aging indi-
7 vidual’’ has the meaning given the term ‘‘older indi-
8 vidual’’ in section 102 of the Older Americans Act
9 of 1965 (42 U.S.C. 3002).
10 (2) APPROPRIATE COMMITTEES OF CON-
11 GRESS.—The term ‘‘appropriate committees of Con-
12 gress’’ means—
13 (A) the Committee on Appropriations of
14 the Senate;
15 (B) the Committee on Commerce, Science,
16 and Transportation of the Senate;
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17 (C) the Committee on Appropriations of
18 the House of Representatives; and
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1 (D) the Committee on Energy and Com-
2 merce of the House of Representatives.
3 (3) ASSISTANT SECRETARY.—The term ‘‘Assist-
4 ant Secretary’’ means the Assistant Secretary of
5 Commerce for Communications and Information.
6 (4) COMMISSION.—The term ‘‘Commission’’
7 means the Federal Communications Commission.
8 (5) COVERED HOUSEHOLD.—The term ‘‘covered
9 household’’ means a household the income of which
10 does not exceed 150 percent of the poverty thresh-
11 old, as determined by using criteria of poverty estab-
12 lished by the Bureau of the Census, for a household
13 of the size involved.
14 (6) COVERED POPULATIONS.—The term ‘‘cov-
15 ered populations’’ means—
16 (A) individuals who are members of cov-
17 ered households;
18 (B) aging individuals;
19 (C) incarcerated individuals, other than in-
20 dividuals who are incarcerated in a Federal cor-
21 rectional facility (including a private facility op-
22 erated under contract with the Federal Govern-
23 ment);
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24 (D) veterans;
25 (E) individuals with disabilities;
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1 (F) individuals with a language barrier, in-
2 cluding individuals who—
3 (i) are English learners; or
4 (ii) have low levels of literacy;
5 (G) individuals who are members of a ra-
6 cial or ethnic minority group; and
7 (H) individuals who primarily reside in a
8 rural area.
9 (7) DIGITAL LITERACY.—The term ‘‘digital lit-
10 eracy’’ means the skills associated with using tech-
11 nology to enable users to find, evaluate, organize,
12 create, and communicate information.
13 (8) DISABILITY.—The term ‘‘disability’’ has the
14 meaning given the term in section 3 of the Ameri-
15 cans with Disabilities Act of 1990 (42 U.S.C.
16 12102).
17 (9) FEDERAL AGENCY.—The term ‘‘Federal
18 agency’’ has the meaning given the term ‘‘agency’’
19 in section 551 of title 5, United States Code.
20 (10) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
21 has the meaning given such term in section 4(e) of
22 the Indian Self-Determination and Education Assist-
23 ance Act (25 U.S.C. 5304(e)).
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24 (11) INSTITUTION OF HIGHER EDUCATION.—
25 The term ‘‘institution of higher education’’—
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1 (A) has the meaning given the term in sec-
2 tion 101 of the Higher Education Act of 1965
3 (20 U.S.C. 1001); and
4 (B) includes a postsecondary vocational in-
5 stitution.
6 (12) POSTSECONDARY VOCATIONAL INSTITU-
7 TION.—The term ‘‘postsecondary vocational institu-
8 tion’’ has the meaning given the term in section
9 102(c) of the Higher Education Act of 1965 (20
10 U.S.C. 1002(c)).
11 (13) RURAL AREA.—The term ‘‘rural area’’ has
12 the meaning given the term in section 13 of the
13 Rural Electrification Act of 1936 (7 U.S.C. 913).
14 (14) STATE.—The term ‘‘State’’ has the mean-
15 ing given the term in section 3 of the Communica-
16 tions Act of 1934 (47 U.S.C. 153).
17 (15) VETERAN.—The term ‘‘veteran’’ has the
18 meaning given the term in section 101 of title 38,
19 United States Code.
20 SEC. 10002. SENSE OF CONGRESS.
21 (a) IN GENERAL.—It is the sense of Congress that—
22 (1) a broadband service connection and digital
23 literacy are increasingly critical to how individuals—
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24 (A) participate in the society, economy,
25 and civic institutions of the United States; and
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1 (B) access health care and essential serv-
2 ices, obtain education, and build careers;
3 (2) digital exclusion—
4 (A) carries a high societal and economic
5 cost;
6 (B) materially harms the opportunity of an
7 individual with respect to the economic success,
8 educational achievement, positive health out-
9 comes, social inclusion, and civic engagement of
10 that individual;
11 (C) materially harms the opportunity of
12 areas where it is especially widespread with re-
13 spect to economic success, educational achieve-
14 ment, positive health outcomes, social cohesion,
15 and civic institutions; and
16 (D) exacerbates existing wealth and income
17 gaps, especially those experienced by covered
18 populations and between regions;
19 (3) achieving accessible and affordable access to
20 broadband service, as well as digital literacy, for all
21 people of the United States requires additional and
22 sustained research efforts and investment;
23 (4) the Federal Government, as well as State,
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24 Tribal, and local governments, have made social,
25 legal, and economic obligations that necessarily ex-
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1 tend to how the citizens and residents of those gov-
2 ernments access and use the internet; and
3 (5) achieving accessible and affordable access to
4 broadband service is a matter of social and economic
5 justice and is worth pursuing.
6 (b) BROADBAND SERVICE DEFINED.—In this sec-
7 tion, the term ‘‘broadband service’’ has the meaning given
8 the term ‘‘broadband internet access service’’ in section
9 8.1(b) of title 47, Code of Federal Regulations, or any
10 successor regulation.
11 SEC. 10003. SEVERABILITY.
12 If any provision of this title, an amendment made by
13 this title, or the application of such provision or amend-
14 ment to any person or circumstance is held to be invalid,
15 the remainder of this title and the amendments made by
16 this title, and the application of such provision or amend-
17 ment to any other person or circumstance, shall not be
18 affected thereby.
19 Subtitle A—Digital Equity
20 SEC. 11001. DEFINITIONS.
21 In this subtitle:
22 (1) ADOPTION OF BROADBAND SERVICE.—The
23 term ‘‘adoption of broadband service’’ means the
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24 process by which an individual obtains daily access
25 to broadband service—
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1 (A) with a download speed of at least 25
2 megabits per second, an upload speed of at
3 least 3 megabits per second, and a latency that
4 is sufficiently low to allow real-time, interactive
5 applications;
6 (B) with the digital skills that are nec-
7 essary for the individual to participate online;
8 and
9 (C) on a—
10 (i) personal device; and
11 (ii) secure and convenient network.
12 (2) ANCHOR INSTITUTION.—The term ‘‘anchor
13 institution’’ means a public or private school, a li-
14 brary, a medical or healthcare provider, a museum,
15 a public safety entity, a public housing agency, a
16 community college, an institution of higher edu-
17 cation, a religious organization, or any other com-
18 munity support organization or agency.
19 (3) ASSISTANT SECRETARY.—The term ‘‘Assist-
20 ant Secretary’’ means the Assistant Secretary, act-
21 ing through the Office.
22 (4) BROADBAND SERVICE.—The term
23 ‘‘broadband service’’ has the meaning given the term
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24 ‘‘broadband internet access service’’ in section 8.1(b)
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1 of title 47, Code of Federal Regulations, or any suc-
2 cessor regulation.
3 (5) COVERED PROGRAMS.—The term ‘‘covered
4 programs’’ means the State Digital Equity Capacity
5 Grant Program established under section 11201 and
6 the Digital Equity Competitive Grant Program es-
7 tablished under section 11202.
8 (6) DIGITAL EQUITY.—The term ‘‘digital eq-
9 uity’’ means the condition in which individuals and
10 communities have the information technology capac-
11 ity that is needed for full participation in the society
12 and economy of the United States.
13 (7) DIGITAL INCLUSION ACTIVITIES.—The term
14 ‘‘digital inclusion activities’’—
15 (A) means the activities that are necessary
16 to ensure that all individuals in the United
17 States have access to, and the use of, affordable
18 information and communication technologies,
19 such as—
20 (i) reliable broadband service;
21 (ii) internet-enabled devices that meet
22 the needs of the user; and
23 (iii) applications and online content
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24 designed to enable and encourage self-suf-
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1 ficiency, participation, and collaboration;
2 and
3 (B) includes—
4 (i) the provision of digital literacy
5 training;
6 (ii) the provision of quality technical
7 support; and
8 (iii) promoting basic awareness of
9 measures to ensure online privacy and cy-
10 bersecurity.
11 (8) ELIGIBLE STATE.—The term ‘‘eligible
12 State’’ means—
13 (A) with respect to planning grants made
14 available under section 11201(c)(3), a State
15 with respect to which the Assistant Secretary
16 has approved an application submitted to the
17 Assistant Secretary under subparagraph (C) of
18 such section; and
19 (B) with respect to capacity grants award-
20 ed under section 11201(d), a State with respect
21 to which the Assistant Secretary has approved
22 an application submitted to the Assistant Sec-
23 retary under paragraph (2) of such section.
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24 (9) FEDERAL BROADBAND SUPPORT PRO-
25 GRAM.—The term ‘‘Federal broadband support pro-
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1 gram’’ has the meaning given such term in section
2 903 of division FF of the Consolidated Appropria-
3 tions Act, 2021 (Public Law 116–260).
4 (10) GENDER IDENTITY.—The term ‘‘gender
5 identity’’ has the meaning given the term in section
6 249(c) of title 18, United States Code.
7 (11) LOCAL EDUCATIONAL AGENCY.—The term
8 ‘‘local educational agency’’ has the meaning given
9 the term in section 8101(30) of the Elementary and
10 Secondary Education Act of 1965 (20 U.S.C.
11 7801(30)).
12 (12) MEDICAID ENROLLEE.—The term ‘‘Med-
13 icaid enrollee’’ means, with respect to a State, an in-
14 dividual enrolled in the State plan under title XIX
15 of the Social Security Act (42 U.S.C. 1396 et seq.)
16 or a waiver of that plan.
17 (13) NATIONAL LIFELINE ELIGIBILITY
18 VERIFIER.—The term ‘‘National Lifeline Eligibility
19 Verifier’’ has the meaning given such term in section
20 54.400 of title 47, Code of Federal Regulations (or
21 any successor regulation).
22 (14) NATIVE HAWAIIAN ORGANIZATION.—The
23 term ‘‘Native Hawaiian organization’’ means any or-
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24 ganization—
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1 (A) that serves the interests of Native Ha-
2 waiians;
3 (B) in which Native Hawaiians serve in
4 substantive and policymaking positions;
5 (C) that has as a primary and stated pur-
6 pose the provision of services to Native Hawai-
7 ians; and
8 (D) that is recognized for having expertise
9 in Native Hawaiian affairs, digital connectivity,
10 or access to broadband service.
11 (15) OFFICE.—The term ‘‘Office’’ means the
12 Office of Internet Connectivity and Growth within
13 the National Telecommunications and Information
14 Administration.
15 (16) PUBLIC HOUSING AGENCY.—The term
16 ‘‘public housing agency’’ has the meaning given the
17 term in section 3(b) of the United States Housing
18 Act of 1937 (42 U.S.C. 1437a(b)).
19 (17) SNAP PARTICIPANT.—The term ‘‘SNAP
20 participant’’ means an individual who is a member
21 of a household that participates in the supplemental
22 nutrition assistance program under the Food and
23 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
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24 (18) SOCIALLY AND ECONOMICALLY DISADVAN-
25 TAGED SMALL BUSINESS CONCERN.—The term ‘‘so-
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1 cially and economically disadvantaged small business
2 concern’’ has the meaning given the term in section
3 8(a)(4) of the Small Business Act (15 U.S.C.
4 637(a)(4)).
5 (19) TRIBALLY DESIGNATED ENTITY.—The
6 term ‘‘tribally designated entity’’ means an entity
7 designated by an Indian Tribe to carry out activities
8 under this subtitle.
9 (20) UNIVERSAL SERVICE FUND PROGRAM.—
10 The term ‘‘Universal Service Fund Program’’ has
11 the meaning given such term in section 903 of divi-
12 sion FF of the Consolidated Appropriations Act,
13 2021 (Public Law 116–260).
14 (21) WORKFORCE DEVELOPMENT PROGRAM.—
15 The term ‘‘workforce development program’’ has the
16 meaning given the term in section 3 of the Work-
17 force Innovation and Opportunity Act (29 U.S.C.
18 3102).
19 PART 1—OFFICE OF INTERNET CONNECTIVITY
20 AND GROWTH
21 SEC. 11101. ANNUAL REPORT OF OFFICE.
22 Section 903(c)(2)(C) of division FF of the Consoli-
23 dated Appropriations Act, 2021 (Public Law 116–260) is
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24 amended by adding at the end the following:
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1 ‘‘(iv) A description of any non-eco-
2 nomic benefits of such broadband deploy-
3 ment efforts, including any effect on civic
4 engagement.
5 ‘‘(v) The extent to which residents of
6 the United States that received broadband
7 as a result of Federal broadband support
8 programs and the Universal Service Fund
9 Programs received broadband at the
10 download and upload speeds required by
11 such programs.’’.
12 SEC. 11102. STUDY AND REPORT ON AFFORDABILITY OF
13 ADOPTION OF BROADBAND SERVICE.
14 Section 903 of division FF of the Consolidated Ap-
15 propriations Act, 2021 (Public Law 116–260) is amend-
16 ed—
17 (1) by redesignating subsections (g) and (h) as
18 subsections (i) and (j), respectively; and
19 (2) by inserting after subsection (f) the fol-
20 lowing:
21 ‘‘(g) STUDY AND REPORT ON AFFORDABILITY OF
22 ADOPTION OF BROADBAND SERVICE.—
23 ‘‘(1) STUDY.—The Office, in consultation with
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24 the Commission, the Department of Agriculture, the
25 Department of the Treasury, and such other Federal
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1 agencies as the Office considers appropriate, shall,
2 not later than 1 year after the date of the enactment
3 of this subsection, and biennially thereafter, conduct
4 a study that examines the following:
5 ‘‘(A) The number of households for which
6 cost is a barrier to the adoption of broadband
7 service, the financial circumstances of such
8 households, and whether such households are
9 eligible for the emergency broadband benefit
10 under section 904 of division N.
11 ‘‘(B) The extent to which the cost of adop-
12 tion of broadband service is a financial burden
13 to households that have adopted broadband
14 service, the financial circumstances of such fi-
15 nancially burdened households, and whether
16 such households are receiving the emergency
17 broadband benefit under section 904 of division
18 N.
19 ‘‘(C) The appropriate standard to deter-
20 mine whether adoption of broadband service is
21 affordable for households, given the financial
22 circumstances of such households.
23 ‘‘(D) The feasibility of providing additional
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24 Federal subsidies, including expanding the eligi-
25 bility for or increasing the amount of the emer-
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1 gency broadband benefit under section 904 of
2 division N, to households to cover the difference
3 between the cost of adoption of broadband serv-
4 ice (determined before applying such additional
5 Federal subsidies) and the price at which adop-
6 tion of broadband service would be affordable.
7 ‘‘(E) How a program to provide additional
8 Federal subsidies as described in subparagraph
9 (D) should be administered to most effectively
10 facilitate adoption of broadband service at the
11 lowest overall expense to the Federal Govern-
12 ment, including measures that would ensure
13 that the availability of the subsidies does not
14 result in providers raising the price of
15 broadband service for households receiving sub-
16 sidies.
17 ‘‘(F) How participation in the Lifeline pro-
18 gram of the Commission has changed in the 5
19 years prior to the date of the enactment of this
20 subsection, including—
21 ‘‘(i) geographic information at the
22 census-block level depicting the scale of
23 change in participation in each area; and
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24 ‘‘(ii) information on changes in par-
25 ticipation by specific types of Lifeline-sup-
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1 ported services, including fixed voice te-
2 lephony service, mobile voice telephony
3 service, fixed broadband service, and mo-
4 bile broadband service and, in the case of
5 any Lifeline-supported services provided as
6 part of a bundle of services to which a
7 Lifeline discount is applied, which Lifeline-
8 supported services are part of such bundle
9 and whether or not each Lifeline-supported
10 service in such bundle meets Lifeline min-
11 imum service standards.
12 ‘‘(G) How competition impacts the price of
13 broadband service, including the impact of mo-
14 nopolistic business practices by broadband serv-
15 ice providers.
16 ‘‘(H) The extent to which, if at all, the
17 Universal Service Fund high-cost programs
18 have enabled access to reasonably comparable
19 telephony and broadband services at reasonably
20 comparable rates in high-cost rural areas as re-
21 quired by the Communications Act of 1934 (47
22 U.S.C. 151 et seq.), including a comparison of
23 the rates charged by recipients of support under
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24 such programs in rural areas and rates charged
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1 in urban areas, as determined by the Commis-
2 sion’s annual survey.
3 ‘‘(2) REPORT.—Not later than 1 year after the
4 date of the enactment of this subsection, and bienni-
5 ally thereafter, the Office shall submit to Congress
6 a report on the results of the study conducted under
7 paragraph (1).
8 ‘‘(3) DEFINITIONS.—In this subsection:
9 ‘‘(A) COST.—The term ‘cost’ means, with
10 respect to adoption of broadband service, the
11 cost of adoption of broadband service to a
12 household after applying any subsidies that re-
13 duce such cost.
14 ‘‘(B) OTHER DEFINITIONS.—The terms
15 ‘adoption of broadband service’ and ‘broadband
16 service’ have the meanings given such terms in
17 section 11001 of the Leading Infrastructure
18 For Tomorrow’s America Act.’’.
19 SEC. 11103. AUTHORIZATION OF APPROPRIATIONS.
20 There is authorized to be appropriated to the Assist-
21 ant Secretary $26,000,000 for each of the fiscal years
22 2022 through 2026 for the operations of the Office.
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1 SEC. 11104. STUDY AND RECOMMENDATIONS TO CONNECT
2 SOCIALLY DISADVANTAGED INDIVIDUALS.
3 Section 903 of division FF of the Consolidated Ap-
4 propriations Act, 2021 (Public Law 116–260), as amend-
5 ed by section 11102, is further amended by inserting be-
6 fore subsection (i) (as redesignated by such section) the
7 following:
8 ‘‘(h) STUDY AND RECOMMENDATIONS TO CONNECT
9 SOCIALLY DISADVANTAGED INDIVIDUALS.—
10 ‘‘(1) IN GENERAL.—Not later than 12 months
11 after the date of the enactment of this subsection,
12 the Office, in consultation with the Commission and
13 the Rural Utilities Service of the Department of Ag-
14 riculture, shall, after public notice and an oppor-
15 tunity for comment, conduct a study to assess the
16 extent to which Federal funds for broadband service,
17 including the Universal Service Fund Programs and
18 other Federal broadband support programs, have ex-
19 panded access to and adoption of broadband service
20 by socially disadvantaged individuals as compared to
21 individuals who are not socially disadvantaged indi-
22 viduals.
23 ‘‘(2) REPORT AND PUBLICATION.—
24 ‘‘(A) SUBMISSION.—Not later than 18
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25 months after the date of the enactment of this
26 subsection, the Office shall submit a report on
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1 the results of the study under paragraph (1)
2 to—
3 ‘‘(i) the Committee on Energy and
4 Commerce of the House of Representa-
5 tives;
6 ‘‘(ii) the Committee on Commerce,
7 Science, and Transportation of the Senate;
8 and
9 ‘‘(iii) each agency administering a
10 program evaluated by such report.
11 ‘‘(B) PUBLIC PUBLICATION.—Contempora-
12 neously with submitting the report required by
13 subparagraph (A), the Office shall publish such
14 report on the public-facing website of the Of-
15 fice.
16 ‘‘(C) RECOMMENDATIONS.—The report re-
17 quired by subparagraph (A) shall include rec-
18 ommendations with regard to how Federal
19 funds for the Universal Service Fund Programs
20 and Federal broadband support programs may
21 be dispersed in an a manner that better ex-
22 pands access to and adoption of broadband
23 service by socially disadvantaged individuals as
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24 compared to individuals who are not socially
25 disadvantaged individuals.
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1 ‘‘(3) DEFINITIONS.—In this subsection:
2 ‘‘(A) SOCIALLY DISADVANTAGED INDI-
3 VIDUAL.—The term ‘socially disadvantaged in-
4 dividual’ has the meaning given that term in
5 section 8 of the Small Business Act (15 U.S.C.
6 637).
7 ‘‘(B) OTHER DEFINITIONS.—The terms
8 ‘adoption of broadband service’ and ‘broadband
9 service’ have the meanings given such terms in
10 section 11001 of the Leading Infrastructure
11 For Tomorrow’s America Act.’’.
12 PART 2—DIGITAL EQUITY PROGRAMS
13 SEC. 11201. STATE DIGITAL EQUITY CAPACITY GRANT PRO-
14 GRAM.
15 (a) ESTABLISHMENT; PURPOSE.—
16 (1) IN GENERAL.—The Assistant Secretary
17 shall establish in the Office the State Digital Equity
18 Capacity Grant Program (referred to in this section
19 as the ‘‘Program’’)—
20 (A) the purpose of which is to promote the
21 achievement of digital equity, support digital in-
22 clusion activities, and build capacity for efforts
23 by States relating to the adoption of broadband
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24 service by residents of those States;
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1 (B) through which the Assistant Secretary
2 shall make grants to States in accordance with
3 the requirements of this section; and
4 (C) which shall ensure that States have the
5 capacity to promote the achievement of digital
6 equity and support digital inclusion activities.
7 (2) CONSULTATION WITH OTHER FEDERAL
8 AGENCIES; NO CONFLICT.—In establishing the Pro-
9 gram under paragraph (1), the Assistant Secretary
10 shall—
11 (A) consult with—
12 (i) the Secretary of Agriculture;
13 (ii) the Secretary of Housing and
14 Urban Development;
15 (iii) the Secretary of Education;
16 (iv) the Secretary of Labor;
17 (v) the Secretary of Health and
18 Human Services;
19 (vi) the Secretary of Veterans Affairs;
20 (vii) the Secretary of the Interior;
21 (viii) the Assistant Secretary for In-
22 dian Affairs of the Department of the Inte-
23 rior;
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24 (ix) the Commission;
25 (x) the Federal Trade Commission;
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1 (xi) the Director of the Institute of
2 Museum and Library Services;
3 (xii) the Administrator of the Small
4 Business Administration;
5 (xiii) the Federal Cochairman of the
6 Appalachian Regional Commission; and
7 (xiv) the head of any other Federal
8 agency that the Assistant Secretary deter-
9 mines to be appropriate; and
10 (B) ensure that the Program complements
11 and enhances, and does not conflict with, other
12 Federal broadband support programs and Uni-
13 versal Service Fund Programs.
14 (3) TRIBAL AND NATIVE HAWAIIAN CONSULTA-
15 TION AND ENGAGEMENT.—In establishing the Pro-
16 gram under paragraph (1), the Assistant Secretary
17 shall conduct robust, interactive, pre-decisional,
18 transparent consultation with Indian Tribes and Na-
19 tive Hawaiian organizations.
20 (b) ADMINISTERING ENTITY.—
21 (1) SELECTION; FUNCTION.—The governor (or
22 equivalent official) of a State that wishes to be
23 awarded a grant under this section shall, from
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24 among entities that are eligible under paragraph (2),
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1 select an administering entity for that State, which
2 shall—
3 (A) serve as the recipient of, and admin-
4 istering agent for, any grant awarded to the
5 State under this section;
6 (B) develop, implement, and oversee the
7 State Digital Equity Plan for the State de-
8 scribed in subsection (c);
9 (C) make subgrants to any of the entities
10 described in clauses (i) through (xi) of sub-
11 section (c)(1)(D) that is located in the State in
12 support of—
13 (i) the State Digital Equity Plan for
14 the State; and
15 (ii) digital inclusion activities in the
16 State generally; and
17 (D) serve as—
18 (i) an advocate for digital equity poli-
19 cies and digital inclusion activities; and
20 (ii) a repository of best practice mate-
21 rials regarding the policies and activities
22 described in clause (i).
23 (2) ELIGIBLE ENTITIES.—Any of the following
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24 entities may serve as the administering entity for a
25 State for the purposes of this section if the entity
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1 has demonstrated a capacity to administer the Pro-
2 gram on a statewide level:
3 (A) The State.
4 (B) A political subdivision, agency, or in-
5 strumentality of the State.
6 (C) An Indian Tribe located in the State,
7 a tribally designated entity located in the State,
8 or a Native Hawaiian organization located in
9 the State.
10 (c) STATE DIGITAL EQUITY PLAN.—
11 (1) DEVELOPMENT; CONTENTS.—A State that
12 wishes to be awarded a grant under subsection (d)
13 shall develop a State Digital Equity Plan for the
14 State, which shall include—
15 (A) an identification of the barriers to dig-
16 ital equity faced by covered populations in the
17 State;
18 (B) measurable objectives for documenting
19 and promoting, among each group described in
20 subparagraphs (A) through (H) of section 2(6)
21 located in that State—
22 (i) the availability of, and affordability
23 of access to, broadband service and tech-
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24 nology needed for the use of broadband
25 service;
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1 (ii) public awareness of such avail-
2 ability and affordability and of subsidies
3 available to increase such affordability (in-
4 cluding subsidies available through the
5 Lifeline program of the Commission), in-
6 cluding objectives to—
7 (I) inform Medicaid enrollees and
8 SNAP participants, and organizations
9 that serve Medicaid enrollees and
10 SNAP participants, of potential eligi-
11 bility for the Lifeline program; and
12 (II) provide Medicaid enrollees
13 and SNAP participants with informa-
14 tion about the Lifeline program, in-
15 cluding—
16 (aa) how to apply for the
17 Lifeline program; and
18 (bb) a description of the
19 prohibition on more than one
20 subscriber in each household re-
21 ceiving a service provided under
22 the Lifeline program;
23 (iii) the online accessibility and
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24 inclusivity of public resources and services;
25 (iv) digital literacy;
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1 (v) awareness of, and the use of,
2 measures to secure the online privacy of,
3 and cybersecurity with respect to, an indi-
4 vidual; and
5 (vi) the availability and affordability
6 of consumer devices and technical support
7 for those devices;
8 (C) an assessment of how the objectives
9 described in subparagraph (B) will impact and
10 interact with the State’s—
11 (i) economic and workforce develop-
12 ment goals, plans, and outcomes;
13 (ii) educational outcomes;
14 (iii) health outcomes;
15 (iv) civic and social engagement; and
16 (v) delivery of other essential services;
17 (D) in order to achieve the objectives de-
18 scribed in subparagraph (B), a description of
19 how the State plans to collaborate with key
20 stakeholders in the State, which may include—
21 (i) anchor institutions;
22 (ii) county and municipal govern-
23 ments;
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24 (iii) local educational agencies;
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1 (iv) where applicable, Indian Tribes,
2 tribally designated entities, or Native Ha-
3 waiian organizations;
4 (v) nonprofit organizations;
5 (vi) organizations that represent—
6 (I) individuals with disabilities,
7 including organizations that represent
8 children with disabilities;
9 (II) aging individuals;
10 (III) individuals with a language
11 barrier, including individuals who—
12 (aa) are English learners; or
13 (bb) have low levels of lit-
14 eracy;
15 (IV) veterans;
16 (V) individuals residing in rural
17 areas; and
18 (VI) incarcerated individuals in
19 that State, other than individuals who
20 are incarcerated in a Federal correc-
21 tional facility (including a private fa-
22 cility operated under contract with the
23 Federal Government);
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24 (vii) civil rights organizations;
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1 (viii) entities that carry out workforce
2 development programs;
3 (ix) agencies of the State that are re-
4 sponsible for administering or supervising
5 adult education and literacy activities in
6 the State;
7 (x) public housing agencies whose ju-
8 risdictions are located in the State; and
9 (xi) a consortium of any of the enti-
10 ties described in clauses (i) through (x);
11 and
12 (E) a list of organizations with which the
13 administering entity for the State collaborated
14 in developing and implementing the Plan.
15 (2) PUBLIC AVAILABILITY.—
16 (A) IN GENERAL.—The administering enti-
17 ty for a State shall make the State Digital Eq-
18 uity Plan of the State available for public com-
19 ment for a period of not less than 30 days be-
20 fore the date on which the State submits an ap-
21 plication to the Assistant Secretary under sub-
22 section (d)(2).
23 (B) CONSIDERATION OF COMMENTS RE-
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24 CEIVED.—The administering entity for a State
25 shall, with respect to an application submitted
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1 to the Assistant Secretary under subsection
2 (d)(2)—
3 (i) before submitting the application—
4 (I) consider all comments re-
5 ceived during the comment period de-
6 scribed in subparagraph (A) with re-
7 spect to the application (referred to in
8 this subparagraph as the ‘‘comment
9 period’’); and
10 (II) make any changes to the
11 plan that the administering entity de-
12 termines to be appropriate; and
13 (ii) when submitting the application—
14 (I) describe any changes pursued
15 by the administering entity in re-
16 sponse to comments received during
17 the comment period; and
18 (II) include a written response to
19 each comment received during the
20 comment period.
21 (3) PLANNING GRANTS.—
22 (A) IN GENERAL.—Beginning in the first
23 fiscal year that begins after the date of the en-
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24 actment of this Act, the Assistant Secretary
25 shall, in accordance with the requirements of
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1 this paragraph, award planning grants to
2 States for the purpose of developing the State
3 Digital Equity Plans of those States under this
4 subsection.
5 (B) ELIGIBILITY.—In order to be awarded
6 a planning grant under this paragraph, a
7 State—
8 (i) shall submit to the Assistant Sec-
9 retary an application under subparagraph
10 (C); and
11 (ii) may not have been awarded, at
12 any time, a planning grant under this
13 paragraph.
14 (C) APPLICATION.—A State that wishes to
15 be awarded a planning grant under this para-
16 graph shall, not later than 60 days after the
17 date on which the notice of funding availability
18 with respect to the grant is released, submit to
19 the Assistant Secretary an application, in a for-
20 mat to be determined by the Assistant Sec-
21 retary, that contains the following materials:
22 (i) A description of the entity selected
23 to serve as the administering entity for the
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24 State, as described in subsection (b).
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1 (ii) A certification from the State
2 that, not later than 1 year after the date
3 on which the Assistant Secretary awards
4 the planning grant to the State, the ad-
5 ministering entity for that State will sub-
6 mit to the Assistant Secretary a State Dig-
7 ital Equity Plan developed under this sub-
8 section, which will comply with the require-
9 ments of this subsection, including the re-
10 quirements of paragraph (2).
11 (iii) The assurances required under
12 subsection (e).
13 (D) AWARDS.—
14 (i) AMOUNT OF GRANT.—The amount
15 of a planning grant awarded to an eligible
16 State under this paragraph shall be deter-
17 mined according to the formula under sub-
18 section (d)(3)(A)(i).
19 (ii) DURATION.—
20 (I) IN GENERAL.—Except as pro-
21 vided in subclause (II), with respect to
22 a planning grant awarded to an eligi-
23 ble State under this paragraph, the
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24 State shall expend the grant funds
25 during the 1-year period beginning on
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1 the date on which the State is award-
2 ed the grant funds.
3 (II) EXCEPTION.—The Assistant
4 Secretary may grant an extension of
5 not longer than 180 days with respect
6 to the requirement under subclause
7 (I).
8 (iii) CHALLENGE MECHANISM.—The
9 Assistant Secretary shall ensure that any
10 eligible State to which a planning grant is
11 awarded under this paragraph may appeal
12 or otherwise challenge in a timely fashion
13 the amount of the grant awarded to the
14 State, as determined under clause (i).
15 (E) USE OF FUNDS.—An eligible State to
16 which a planning grant is awarded under this
17 paragraph shall, through the administering en-
18 tity for that State, use the grant funds only for
19 the following purposes:
20 (i) To develop the State Digital Eq-
21 uity Plan of the State under this sub-
22 section.
23 (ii)(I) Subject to subclause (II), to
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24 make subgrants to any of the entities de-
25 scribed in clauses (i) through (xi) of para-
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1 graph (1)(D) to assist in the development
2 of the State Digital Equity Plan of the
3 State under this subsection.
4 (II) If the administering entity for a
5 State makes a subgrant described in sub-
6 clause (I), the administering entity shall,
7 with respect to the subgrant, provide to the
8 State the assurances required under sub-
9 section (e).
10 (d) STATE CAPACITY GRANTS.—
11 (1) IN GENERAL.—Beginning not later than 2
12 years after the date on which the Assistant Sec-
13 retary begins awarding planning grants under sub-
14 section (c)(3), the Assistant Secretary shall each
15 year award grants to eligible States to support—
16 (A) the implementation of the State Dig-
17 ital Equity Plans of those States; and
18 (B) digital inclusion activities in those
19 States.
20 (2) APPLICATION.—A State that wishes to be
21 awarded a grant under this subsection shall, not
22 later than 60 days after the date on which the notice
23 of funding availability with respect to the grant is
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24 released, submit to the Assistant Secretary an appli-
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1 cation, in a format to be determined by the Assist-
2 ant Secretary, that contains the following materials:
3 (A) A description of the entity selected to
4 serve as the administering entity for the State,
5 as described in subsection (b).
6 (B) The State Digital Equity Plan of that
7 State, as described in subsection (c).
8 (C) A certification that the State, acting
9 through the administering entity for the State,
10 shall—
11 (i) implement the State Digital Equity
12 Plan of the State; and
13 (ii) make grants in a manner that is
14 consistent with the aims of the Plan de-
15 scribed in clause (i).
16 (D) The assurances required under sub-
17 section (e).
18 (E) In the case of a State to which the As-
19 sistant Secretary has previously awarded a
20 grant under this subsection, any amendments
21 to the State Digital Equity Plan of that State,
22 as compared with the State Digital Equity Plan
23 of the State previously submitted.
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24 (3) AWARDS.—
25 (A) AMOUNT OF GRANT.—
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1 (i) FORMULA.—Subject to clauses (ii),
2 (iii), and (iv), the Assistant Secretary shall
3 calculate the amount of a grant awarded to
4 an eligible State under this subsection in
5 accordance with the following criteria,
6 using the best available data for all States
7 for the fiscal year in which the grant is
8 awarded:
9 (I) 50 percent of the total grant
10 amount shall be based on the popu-
11 lation of the eligible State in propor-
12 tion to the total population of all eligi-
13 ble States.
14 (II) 25 percent of the total grant
15 amount shall be based on the number
16 of individuals in the eligible State who
17 are members of covered populations in
18 proportion to the total number of indi-
19 viduals in all eligible States who are
20 members of covered populations.
21 (III) 25 percent of the total
22 grant amount shall be based on the
23 lack of availability of broadband serv-
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24 ice and lack of adoption of broadband
25 service in the eligible State in propor-
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1 tion to the lack of availability of
2 broadband service and lack of adop-
3 tion of broadband service in all eligi-
4 ble States, which shall be determined
5 according to data collected—
6 (aa) from the annual inquiry
7 of the Commission conducted
8 under section 706(b) of the Tele-
9 communications Act of 1996 (47
10 U.S.C. 1302(b));
11 (bb) from the American
12 Community Survey or, if nec-
13 essary, other data collected by
14 the Bureau of the Census;
15 (cc) from the Internet and
16 Computer Use Supplement to the
17 Current Population Survey of the
18 Bureau of the Census;
19 (dd) by the Commission pur-
20 suant to the rules issued under
21 section 802 of the Communica-
22 tions Act of 1934 (47 U.S.C.
23 642); and
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24 (ee) from any other source
25 that the Assistant Secretary,
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1 after appropriate notice and op-
2 portunity for public comment, de-
3 termines to be appropriate.
4 (ii) MINIMUM AWARD.—The amount
5 of a grant awarded to an eligible State
6 under this subsection in a fiscal year shall
7 be not less than 0.5 percent of the total
8 amount made available to award grants to
9 eligible States for that fiscal year.
10 (iii) ADDITIONAL AMOUNTS.—If, after
11 awarding planning grants to States under
12 subsection (c)(3) and capacity grants to el-
13 igible States under this subsection in a fis-
14 cal year, there are amounts remaining to
15 carry out this section, the Assistant Sec-
16 retary shall distribute those amounts—
17 (I) to eligible States to which the
18 Assistant Secretary has awarded
19 grants under this subsection for that
20 fiscal year; and
21 (II) in accordance with the for-
22 mula described in clause (i).
23 (iv) DATA UNAVAILABLE.—If, in a fis-
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24 cal year, the Commonwealth of Puerto
25 Rico (referred to in this clause as ‘‘Puerto
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1 Rico’’) is an eligible State and specific data
2 for Puerto Rico is unavailable for a factor
3 described in subclause (I), (II), or (III) of
4 clause (i), the Assistant Secretary shall use
5 the median data point with respect to that
6 factor among all eligible States and assign
7 it to Puerto Rico for the purposes of mak-
8 ing any calculation under that clause for
9 that fiscal year.
10 (B) DURATION.—With respect to a grant
11 awarded to an eligible State under this sub-
12 section, the eligible State shall expend the grant
13 funds during the 5-year period beginning on the
14 date on which the eligible State is awarded the
15 grant funds.
16 (C) CHALLENGE MECHANISM.—The As-
17 sistant Secretary shall ensure that any eligible
18 State to which a grant is awarded under this
19 subsection may appeal or otherwise challenge in
20 a timely fashion the amount of the grant
21 awarded to the State, as determined under sub-
22 paragraph (A).
23 (D) USE OF FUNDS.—The administering
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24 entity for an eligible State to which a grant is
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1 awarded under this subsection shall use the
2 grant amounts for the following purposes:
3 (i)(I) Subject to subclause (II), to up-
4 date or maintain the State Digital Equity
5 Plan of the State.
6 (II) An administering entity for an el-
7 igible State to which a grant is awarded
8 under this subsection may use not more
9 than 20 percent of the amount of the
10 grant for the purpose described in sub-
11 clause (I).
12 (ii) To implement the State Digital
13 Equity Plan of the State.
14 (iii)(I) Subject to subclause (II), to
15 award a grant to any entity that is de-
16 scribed in section 11202(b) and is located
17 in the eligible State in order to—
18 (aa) assist in the implementation
19 of the State Digital Equity Plan of
20 the State;
21 (bb) pursue digital inclusion ac-
22 tivities in the State consistent with
23 the State Digital Equity Plan of the
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24 State; and
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1 (cc) report to the State regarding
2 the digital inclusion activities of the
3 entity.
4 (II) Before an administering entity
5 for an eligible State may award a grant
6 under subclause (I), the administering en-
7 tity shall require the entity to which the
8 grant is awarded to certify that—
9 (aa) the entity shall carry out the
10 activities required under items (aa),
11 (bb), and (cc) of that subclause;
12 (bb) the receipt of the grant shall
13 not result in unjust enrichment of the
14 entity; and
15 (cc) the entity shall cooperate
16 with any evaluation—
17 (AA) of any program that
18 relates to a grant awarded to the
19 entity; and
20 (BB) that is carried out by
21 or for the administering entity,
22 the Assistant Secretary, or an-
23 other Federal official.
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1 (iv)(I) Subject to subclause (II), to
2 evaluate the efficacy of the efforts funded
3 by grants made under clause (iii).
4 (II) An administering entity for an el-
5 igible State to which a grant is awarded
6 under this subsection may use not more
7 than 5 percent of the amount of the grant
8 for a purpose described in subclause (I).
9 (v)(I) Subject to subclause (II), for
10 the administrative costs incurred in car-
11 rying out the activities described in clauses
12 (i) through (iv).
13 (II) An administering entity for an el-
14 igible State to which a grant is awarded
15 under this subsection may use not more
16 than 3 percent of the amount of the grant
17 for the purpose described in subclause (I).
18 (e) ASSURANCES.—When applying for a grant under
19 this section, a State shall include in the application for
20 that grant assurances that—
21 (1) if any of the entities described in clauses (i)
22 through (xi) of subsection (c)(1)(D) or section
23 11202(b) is awarded grant funds under this section
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24 (referred to in this subsection as a ‘‘covered recipi-
25 ent’’), provide that—
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1 (A) the covered recipient shall use the
2 grant funds in accordance with any applicable
3 statute, regulation, or application procedure;
4 (B) the administering entity for that State
5 shall adopt and use proper methods of admin-
6 istering any grant that the covered recipient is
7 awarded, including by—
8 (i) enforcing any obligation imposed
9 under law on any agency, institution, orga-
10 nization, or other entity that is responsible
11 for carrying out the program to which the
12 grant relates;
13 (ii) correcting any deficiency in the
14 operation of a program to which the grant
15 relates, as identified through an audit or
16 another monitoring or evaluation proce-
17 dure; and
18 (iii) adopting written procedures for
19 the receipt and resolution of complaints al-
20 leging a violation of law with respect to a
21 program to which the grant relates; and
22 (C) the administering entity for that State
23 shall cooperate in carrying out any evaluation—
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1 (i) of any program that relates to a
2 grant awarded to the covered recipient;
3 and
4 (ii) that is carried out by or for the
5 Assistant Secretary or another Federal of-
6 ficial;
7 (2) the administering entity for that State
8 shall—
9 (A) use fiscal control and fund accounting
10 procedures that ensure the proper disbursement
11 of, and accounting for, any Federal funds that
12 the State is awarded under this section;
13 (B) submit to the Assistant Secretary any
14 reports that may be necessary to enable the As-
15 sistant Secretary to perform the duties of the
16 Assistant Secretary under this section;
17 (C) maintain any records and provide any
18 information to the Assistant Secretary, includ-
19 ing those records, that the Assistant Secretary
20 determines is necessary to enable the Assistant
21 Secretary to perform the duties of the Assistant
22 Secretary under this section; and
23 (D) with respect to any significant pro-
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24 posed change or amendment to the State Dig-
25 ital Equity Plan for the State, make the change
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1 or amendment available for public comment in
2 accordance with subsection (c)(2); and
3 (3) the State, before submitting to the Assist-
4 ant Secretary the State Digital Equity Plan of the
5 State, has complied with the requirements of sub-
6 section (c)(2).
7 (f) TERMINATION OF GRANT.—
8 (1) IN GENERAL.—In addition to other author-
9 ity under applicable law, the Assistant Secretary
10 shall terminate a grant awarded to an eligible State
11 under this section if, after notice to the State and
12 opportunity for a hearing, the Assistant Secretary
13 determines, and presents to the State a rationale
14 and supporting information that clearly dem-
15 onstrates, that—
16 (A) the grant funds are not contributing to
17 the development or implementation of the State
18 Digital Equity Plan of the State, as applicable;
19 (B) the State is not upholding assurances
20 made by the State to the Assistant Secretary
21 under subsection (e); or
22 (C) the grant is no longer necessary to
23 achieve the original purpose for which the As-
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24 sistant Secretary awarded the grant.
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1 (2) REDISTRIBUTION.—If the Assistant Sec-
2 retary, in a fiscal year, terminates a grant under
3 paragraph (1) or under other authority under appli-
4 cable law, the Assistant Secretary shall redistribute
5 the unspent grant amounts—
6 (A) to eligible States to which the Assist-
7 ant Secretary has awarded grants under sub-
8 section (d) for that fiscal year; and
9 (B) in accordance with the formula de-
10 scribed in subsection (d)(3)(A)(i).
11 (g) REPORTING AND INFORMATION REQUIREMENTS;
12 INTERNET DISCLOSURE.—The Assistant Secretary—
13 (1) shall—
14 (A) require any entity to which a grant, in-
15 cluding a subgrant, is awarded under this sec-
16 tion to publicly report, for each year during the
17 period described in subsection (c)(3)(D)(ii) or
18 (d)(3)(B), as applicable, with respect to the
19 grant, and in a format specified by the Assist-
20 ant Secretary, on—
21 (i) the use of that grant by the entity;
22 (ii) the progress of the entity towards
23 fulfilling the objectives for which the grant
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24 was awarded; and
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1 (iii) the implementation of the State
2 Digital Equity Plan of the State;
3 (B) establish appropriate mechanisms to
4 ensure that any entity to which a grant, includ-
5 ing a subgrant, is awarded under this section—
6 (i) uses the grant amounts in an ap-
7 propriate manner; and
8 (ii) complies with all terms with re-
9 spect to the use of the grant amounts; and
10 (C) create and maintain a fully searchable
11 database, which shall be accessible on the inter-
12 net at no cost to the public, that contains, at
13 a minimum—
14 (i) the application of each State that
15 has applied for a grant under this section;
16 (ii) the status of each application de-
17 scribed in clause (i);
18 (iii) each report submitted by an enti-
19 ty under subparagraph (A);
20 (iv) a record of public comments re-
21 ceived during the comment period de-
22 scribed in subsection (c)(2)(A) regarding
23 the State Digital Equity Plan of a State,
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24 as well as any written responses to or ac-
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1 tions taken as a result of those comments;
2 and
3 (v) any other information that the As-
4 sistant Secretary considers appropriate to
5 ensure that the public has sufficient infor-
6 mation to understand and monitor grants
7 awarded under this section; and
8 (2) may establish additional reporting and in-
9 formation requirements for any recipient of a grant
10 under this section.
11 (h) SUPPLEMENT NOT SUPPLANT.—A grant or
12 subgrant awarded under this section shall supplement, not
13 supplant, other Federal or State funds that have been
14 made available to carry out activities described in this sec-
15 tion.
16 (i) SET ASIDES.—From amounts made available in
17 a fiscal year to carry out the Program, the Assistant Sec-
18 retary shall reserve—
19 (1) not more than 5 percent for the implemen-
20 tation and administration of the Program, which
21 shall include—
22 (A) providing technical support and assist-
23 ance, including ensuring consistency in data re-
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24 porting;
25 (B) providing assistance to—
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1 (i) States, or administering entities
2 for States, to prepare the applications of
3 those States; and
4 (ii) administering entities with respect
5 to grants awarded under this section;
6 (C) developing the report required under
7 section 11203(a); and
8 (D) providing assistance specific to Indian
9 Tribes, tribally designated entities, and Native
10 Hawaiian organizations, including—
11 (i) conducting annual outreach to In-
12 dian Tribes and Native Hawaiian organiza-
13 tions on the availability of technical assist-
14 ance for applying for or otherwise partici-
15 pating in the Program;
16 (ii) providing technical assistance at
17 the request of any Indian Tribe, tribally
18 designated entity, or Native Hawaiian or-
19 ganization that is applying for or partici-
20 pating in the Program in order to facilitate
21 the fulfillment of any applicable require-
22 ments in subsections (c) and (d); and
23 (iii) providing additional technical as-
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24 sistance at the request of any Indian
25 Tribe, tribally designated entity, or Native
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1 Hawaiian organization that is applying for
2 or participating in the Program to improve
3 the development or implementation of a
4 Digital Equity plan, such as—
5 (I) assessing all Federal pro-
6 grams that are available to assist the
7 Indian Tribe, tribally designated enti-
8 ty, or Native Hawaiian organization
9 in meeting the goals of a Digital Eq-
10 uity plan;
11 (II) identifying all applicable
12 Federal, State, and Tribal statutory
13 provisions, regulations, policies, and
14 procedures that the Assistant Sec-
15 retary determines are necessary to ad-
16 here to for the deployment of
17 broadband service;
18 (III) identifying obstacles to the
19 deployment of broadband service
20 under a Digital Equity plan, as well
21 as potential solutions; or
22 (IV) identifying activities that
23 may be necessary to the success of a
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24 Digital Equity plan, including digital
25 literacy training, technical support,
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1 privacy and cybersecurity expertise,
2 and other end-user technology needs;
3 and
4 (2) not less than 5 percent to award grants di-
5 rectly to Indian Tribes, tribally designated entities,
6 and Native Hawaiian organizations to allow those
7 Tribes, entities, and organizations to carry out the
8 activities described in this section.
9 (j) RULES.—The Assistant Secretary may prescribe
10 such rules as may be necessary to carry out this section.
11 (k) AUTHORIZATION OF APPROPRIATIONS.—There
12 are authorized to be appropriated to the Assistant Sec-
13 retary—
14 (1) for the award of grants under subsection
15 (c)(3), $60,000,000 for fiscal year 2022, and such
16 amount is authorized to remain available through
17 fiscal year 2026; and
18 (2) for the award of grants under subsection
19 (d), $625,000,000 for fiscal year 2022, and such
20 amount is authorized to remain available through
21 fiscal year 2026.
22 SEC. 11202. DIGITAL EQUITY COMPETITIVE GRANT PRO-
23 GRAM.
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24 (a) ESTABLISHMENT.—
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1 (1) IN GENERAL.—Not later than 30 days after
2 the date on which the Assistant Secretary begins
3 awarding grants under section 11201(d), and not
4 before that date, the Assistant Secretary shall estab-
5 lish in the Office the Digital Equity Competitive
6 Grant Program (referred to in this section as the
7 ‘‘Program’’), the purpose of which is to award
8 grants to support efforts to achieve digital equity,
9 promote digital inclusion activities, and spur greater
10 adoption of broadband service among covered popu-
11 lations.
12 (2) CONSULTATION; NO CONFLICT.—In estab-
13 lishing the Program under paragraph (1), the As-
14 sistant Secretary—
15 (A) may consult a State with respect to—
16 (i) the identification of groups de-
17 scribed in subparagraphs (A) through (H)
18 of section 10001(6) located in that State;
19 and
20 (ii) the allocation of grant funds with-
21 in that State for projects in or affecting
22 the State; and
23 (B) shall—
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24 (i) consult with—
25 (I) the Secretary of Agriculture;
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1 (II) the Secretary of Housing
2 and Urban Development;
3 (III) the Secretary of Education;
4 (IV) the Secretary of Labor;
5 (V) the Secretary of Health and
6 Human Services;
7 (VI) the Secretary of Veterans
8 Affairs;
9 (VII) the Secretary of the Inte-
10 rior;
11 (VIII) the Assistant Secretary for
12 Indian Affairs of the Department of
13 the Interior;
14 (IX) the Commission;
15 (X) the Federal Trade Commis-
16 sion;
17 (XI) the Director of the Institute
18 of Museum and Library Services;
19 (XII) the Administrator of the
20 Small Business Administration;
21 (XIII) the Federal Cochairman
22 of the Appalachian Regional Commis-
23 sion; and
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24 (XIV) the head of any other Fed-
25 eral agency that the Assistant Sec-
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1 retary determines to be appropriate;
2 and
3 (ii) ensure that the Program com-
4 plements and enhances, and does not con-
5 flict with, other Federal broadband support
6 programs and Universal Service Fund Pro-
7 grams.
8 (b) ELIGIBILITY.—The Assistant Secretary may
9 award a grant under the Program to any of the following
10 entities if the entity is not serving, and has not served,
11 as the administering entity for a State under section
12 11201(b):
13 (1) A political subdivision, agency, or instru-
14 mentality of a State, including an agency of a State
15 that is responsible for administering or supervising
16 adult education and literacy activities in the State.
17 (2) An Indian Tribe, a tribally designated enti-
18 ty, or a Native Hawaiian organization.
19 (3) An entity that is—
20 (A) a not-for-profit entity; and
21 (B) not a school.
22 (4) An anchor institution.
23 (5) A local educational agency.
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24 (6) An entity that carries out a workforce devel-
25 opment program.
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1 (7) A consortium of any of the entities de-
2 scribed in paragraphs (1) through (6).
3 (8) A consortium of—
4 (A) an entity described in any of para-
5 graphs (1) through (6); and
6 (B) an entity that—
7 (i) the Assistant Secretary, by rule,
8 determines to be in the public interest; and
9 (ii) is not a school.
10 (c) APPLICATION.—An entity that wishes to be
11 awarded a grant under the Program shall submit to the
12 Assistant Secretary an application—
13 (1) at such time, in such form, and containing
14 such information as the Assistant Secretary may re-
15 quire; and
16 (2) that—
17 (A) provides a detailed explanation of how
18 the entity will use any grant amounts awarded
19 under the Program to carry out the purposes of
20 the Program in an efficient and expeditious
21 manner;
22 (B) identifies the period in which the ap-
23 plicant will expend the grant funds awarded
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24 under the Program;
25 (C) includes—
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1 (i) a justification for the amount of
2 the grant that the applicant is requesting;
3 and
4 (ii) for each fiscal year in which the
5 applicant will expend the grant funds, a
6 budget for the activities that the grant
7 funds will support;
8 (D) demonstrates to the satisfaction of the
9 Assistant Secretary that the entity—
10 (i) is capable of carrying out the
11 project or function to which the application
12 relates and the activities described in sub-
13 section (h)—
14 (I) in a competent manner; and
15 (II) in compliance with all appli-
16 cable Federal, State, and local laws;
17 and
18 (ii) if the applicant is an entity de-
19 scribed in subsection (b)(1), will appro-
20 priate or otherwise unconditionally obligate
21 from non-Federal sources funds that are
22 necessary to meet the requirements of sub-
23 section (e);
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24 (E) discloses to the Assistant Secretary the
25 source and amount of other Federal, State, or
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1 outside funding sources from which the entity
2 receives, or has applied for, funding for activi-
3 ties or projects to which the application relates;
4 and
5 (F) provides—
6 (i) the assurances that are required
7 under subsection (f); and
8 (ii) an assurance that the entity shall
9 follow such additional procedures as the
10 Assistant Secretary may require to ensure
11 that grant funds are used and accounted
12 for in an appropriate manner.
13 (d) AWARD OF GRANTS.—
14 (1) FACTORS CONSIDERED IN AWARD OF
15 GRANTS.—In deciding whether to award a grant
16 under the Program, the Assistant Secretary shall, to
17 the extent practicable, consider—
18 (A) whether—
19 (i) an application will, if approved—
20 (I) increase access to broadband
21 service and the adoption of broadband
22 service among covered populations to
23 be served by the applicant; and
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24 (II) not result in unjust enrich-
25 ment; and
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1 (ii) the applicant is, or plans to sub-
2 contract with, a socially and economically
3 disadvantaged small business concern;
4 (B) the comparative geographic diversity of
5 the application in relation to other eligible ap-
6 plications; and
7 (C) the extent to which an application may
8 duplicate or conflict with another program.
9 (2) USE OF FUNDS.—
10 (A) IN GENERAL.—In addition to the ac-
11 tivities required under subparagraph (B), an
12 entity to which the Assistant Secretary awards
13 a grant under the Program shall use the grant
14 amounts to support not less than one of the fol-
15 lowing activities:
16 (i) To develop and implement digital
17 inclusion activities that benefit covered
18 populations.
19 (ii) To facilitate the adoption of
20 broadband service by covered populations,
21 including by raising awareness of subsidies
22 available to increase affordability of such
23 service (including subsidies available
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24 through the Commission), in order to pro-
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1 vide educational and employment opportu-
2 nities to those populations.
3 (iii) To implement, consistent with the
4 purposes of this part—
5 (I) training programs for covered
6 populations that cover basic, ad-
7 vanced, and applied skills; or
8 (II) other workforce development
9 programs.
10 (iv) To make available equipment, in-
11 strumentation, networking capability, hard-
12 ware and software, or digital network tech-
13 nology for broadband service to covered
14 populations at low or no cost.
15 (v) To construct, upgrade, expend, or
16 operate new or existing public access com-
17 puting centers for covered populations
18 through anchor institutions.
19 (vi) To undertake any other project or
20 activity that the Assistant Secretary finds
21 to be consistent with the purposes for
22 which the Program is established.
23 (B) EVALUATION.—
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24 (i) IN GENERAL.—An entity to which
25 the Assistant Secretary awards a grant
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1 under the Program shall use not more
2 than 10 percent of the grant amounts to
3 measure and evaluate the activities sup-
4 ported with the grant amounts.
5 (ii) SUBMISSION TO ASSISTANT SEC-
6 RETARY.—An entity to which the Assistant
7 Secretary awards a grant under the Pro-
8 gram shall submit to the Assistant Sec-
9 retary each measurement and evaluation
10 performed under clause (i)—
11 (I) in a manner specified by the
12 Assistant Secretary;
13 (II) not later than 15 months
14 after the date on which the entity is
15 awarded the grant amounts; and
16 (III) annually after the submis-
17 sion described in subclause (II) for
18 any year in which the entity expends
19 grant amounts.
20 (C) ADMINISTRATIVE COSTS.—An entity to
21 which the Assistant Secretary awards a grant
22 under the Program may use not more than 10
23 percent of the amount of the grant for adminis-
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24 trative costs in carrying out any of the activities
25 described in subparagraph (A).
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1 (D) TIME LIMITATIONS.—With respect to
2 a grant awarded to an entity under the Pro-
3 gram, the entity—
4 (i) except as provided in clause (ii),
5 shall expend the grant amounts during the
6 4-year period beginning on the date on
7 which the entity is awarded the grant
8 amounts; and
9 (ii) during the 1-year period beginning
10 on the date that is 4 years after the date
11 on which the entity is awarded the grant
12 amounts, may continue to measure and
13 evaluate the activities supported with the
14 grant amounts, as required under subpara-
15 graph (B).
16 (E) CONTRACTING REQUIREMENTS.—All
17 laborers and mechanics employed by contractors
18 or subcontractors in the performance of con-
19 struction, alteration, or repair work carried out,
20 in whole or in part, with a grant under the Pro-
21 gram shall be paid wages at rates not less than
22 those prevailing on projects of a similar char-
23 acter in the locality as determined by the Sec-
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24 retary of Labor in accordance with subchapter
25 IV of chapter 31 of title 40, United States
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1 Code. With respect to the labor standards in
2 this subparagraph, the Secretary of Labor shall
3 have the authority and functions set forth in
4 Reorganization Plan Numbered 14 of 1950 (64
5 Stat. 1267; 5 U.S.C. App.) and section 3145 of
6 title 40, United States Code.
7 (F) NEUTRALITY REQUIREMENT.—An em-
8 ployer to which the Assistant Secretary awards
9 a grant under the Program shall remain neutral
10 with respect to the exercise of employees and
11 labor organizations of the right to organize and
12 bargain under the National Labor Relations Act
13 (29 U.S.C. 151 et seq.).
14 (G) REFERRAL OF ALLEGED VIOLATIONS
15 OF APPLICABLE FEDERAL LABOR AND EMPLOY-
16 MENT LAWS.—The Assistant Secretary shall
17 refer any alleged violation of an applicable labor
18 and employment law to the appropriate Federal
19 agency for investigation and enforcement, any
20 alleged violation of subparagraph (E) or (F) to
21 the National Labor Relations Board for inves-
22 tigation and enforcement, utilizing all appro-
23 priate remedies up to and including debarment
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24 from the Program.
25 (e) FEDERAL SHARE.—
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1 (1) IN GENERAL.—Except as provided in para-
2 graph (2), the Federal share of any project for
3 which the Assistant Secretary awards a grant under
4 the Program may not exceed 90 percent.
5 (2) EXCEPTION.—The Assistant Secretary may
6 grant a waiver with respect to the limitation on the
7 Federal share of a project described in paragraph
8 (1) if—
9 (A) the applicant with respect to the
10 project petitions the Assistant Secretary for the
11 waiver; and
12 (B) the Assistant Secretary determines
13 that the petition described in subparagraph (A)
14 demonstrates financial need.
15 (f) ASSURANCES.—When applying for a grant under
16 this section, an entity shall include in the application for
17 that grant assurances that the entity will—
18 (1) use any grant funds that the entity is
19 awarded in accordance with any applicable statute,
20 regulation, or application procedure;
21 (2) adopt and use proper methods of admin-
22 istering any grant that the entity is awarded, includ-
23 ing by—
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24 (A) enforcing any obligation imposed under
25 law on any agency, institution, organization, or
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1 other entity that is responsible for carrying out
2 a program to which the grant relates;
3 (B) correcting any deficiency in the oper-
4 ation of a program to which the grant relates,
5 as identified through an audit or another moni-
6 toring or evaluation procedure; and
7 (C) adopting written procedures for the re-
8 ceipt and resolution of complaints alleging a
9 violation of law with respect to a program to
10 which the grant relates;
11 (3) cooperate with respect to any evaluation—
12 (A) of any program that relates to a grant
13 awarded to the entity; and
14 (B) that is carried out by or for the Assist-
15 ant Secretary or another Federal official;
16 (4) use fiscal control and fund accounting pro-
17 cedures that ensure the proper disbursement of, and
18 accounting for, any Federal funds that the entity is
19 awarded under the Program;
20 (5) submit to the Assistant Secretary any re-
21 ports that may be necessary to enable the Assistant
22 Secretary to perform the duties of the Assistant Sec-
23 retary under the Program; and
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24 (6) maintain any records and provide any infor-
25 mation to the Assistant Secretary, including those
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1 records, that the Assistant Secretary determines is
2 necessary to enable the Assistant Secretary to per-
3 form the duties of the Assistant Secretary under the
4 Program.
5 (g) TERMINATION OF GRANT.—In addition to other
6 authority under applicable law, the Assistant Secretary
7 shall—
8 (1) terminate a grant awarded to an entity
9 under this section if, after notice to the entity and
10 opportunity for a hearing, the Assistant Secretary
11 determines, and presents to the entity a rationale
12 and supporting information that clearly dem-
13 onstrates, that—
14 (A) the grant funds are not being used in
15 a manner that is consistent with the application
16 with respect to the grant submitted by the enti-
17 ty under subsection (c);
18 (B) the entity is not upholding assurances
19 made by the entity to the Assistant Secretary
20 under subsection (f); or
21 (C) the grant is no longer necessary to
22 achieve the original purpose for which the As-
23 sistant Secretary awarded the grant; and
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24 (2) with respect to any grant funds that the As-
25 sistant Secretary terminates under paragraph (1) or
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1 under other authority under applicable law, competi-
2 tively award the grant funds to another applicant (if
3 such an applicant exists), consistent with the re-
4 quirements of this section.
5 (h) REPORTING AND INFORMATION REQUIREMENTS;
6 INTERNET DISCLOSURE.—The Assistant Secretary—
7 (1) shall—
8 (A) require any entity to which the Assist-
9 ant Secretary awards a grant under the Pro-
10 gram to, for each year during the period de-
11 scribed in clause (i) of subsection (d)(2)(D)
12 with respect to the grant and during the period
13 described in clause (ii) of such subsection with
14 respect to the grant if the entity continues to
15 measure and evaluate the activities supported
16 with the grant amounts during such period,
17 submit to the Assistant Secretary a report, in
18 a format specified by the Assistant Secretary,
19 regarding—
20 (i) the use by the entity of the grant
21 amounts; and
22 (ii) the progress of the entity towards
23 fulfilling the objectives for which the grant
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24 was awarded;
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1 (B) establish mechanisms to ensure appro-
2 priate use of, and compliance with respect to all
3 terms regarding, grant funds awarded under
4 the Program;
5 (C) create and maintain a fully searchable
6 database, which shall be accessible on the inter-
7 net at no cost to the public, that contains, at
8 a minimum—
9 (i) a list of each entity that has ap-
10 plied for a grant under the Program;
11 (ii) a description of each application
12 described in clause (i), including the pro-
13 posed purpose of each grant described in
14 that clause;
15 (iii) the status of each application de-
16 scribed in clause (i), including whether the
17 Assistant Secretary has awarded a grant
18 with respect to the application and, if so,
19 the amount of the grant;
20 (iv) each report submitted by an enti-
21 ty under subparagraph (A); and
22 (v) any other information that the As-
23 sistant Secretary considers appropriate to
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24 ensure that the public has sufficient infor-
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1 mation to understand and monitor grants
2 awarded under the Program; and
3 (D) ensure that any entity with respect to
4 which an award is terminated under subsection
5 (g) may, in a timely manner, appeal or other-
6 wise challenge that termination; and
7 (2) may establish additional reporting and in-
8 formation requirements for any recipient of a grant
9 under the Program.
10 (i) SUPPLEMENT NOT SUPPLANT.—A grant awarded
11 to an entity under the Program shall supplement, not sup-
12 plant, other Federal or State funds that have been made
13 available to the entity to carry out activities described in
14 this section.
15 (j) SET ASIDES.—From amounts made available in
16 a fiscal year to carry out the Program, the Assistant Sec-
17 retary shall reserve—
18 (1) not more than 5 percent for the implemen-
19 tation and administration of the Program, which
20 shall include—
21 (A) providing technical support and assist-
22 ance, including ensuring consistency in data re-
23 porting;
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1 (B) providing assistance to entities to pre-
2 pare the applications of those entities with re-
3 spect to grants awarded under this section;
4 (C) developing the report required under
5 section 11203(a); and
6 (D) conducting outreach to entities that
7 may be eligible to be awarded a grant under the
8 Program regarding opportunities to apply for
9 such a grant; and
10 (2) not less than 5 percent to award grants di-
11 rectly to Indian Tribes, tribally designated entities,
12 and Native Hawaiian organizations to allow those
13 Tribes, entities, and organizations to carry out the
14 activities described in this section.
15 (k) RULES.—The Assistant Secretary may prescribe
16 such rules as may be necessary to carry out this section.
17 (l) AUTHORIZATION OF APPROPRIATIONS.—There
18 are authorized to be appropriated to the Assistant Sec-
19 retary $625,000,000 to carry out this section for fiscal
20 year 2022, and such amount is authorized to remain avail-
21 able through fiscal year 2026.
22 SEC. 11203. POLICY RESEARCH, DATA COLLECTION, ANAL-
23 YSIS AND MODELING, EVALUATION, AND DIS-
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24 SEMINATION.
25 (a) REPORTING REQUIREMENTS.—
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1 (1) IN GENERAL.—Not later than 1 year after
2 the date on which the Assistant Secretary begins
3 awarding grants under section 11201(d), and annu-
4 ally thereafter, the Assistant Secretary shall—
5 (A) submit to the appropriate committees
6 of Congress a report that documents, for the
7 year covered by the report—
8 (i) the findings of each evaluation
9 conducted under subparagraph (B);
10 (ii) a list of each grant awarded under
11 each covered program, which shall in-
12 clude—
13 (I) the amount of each such
14 grant;
15 (II) the recipient of each such
16 grant; and
17 (III) the purpose for which each
18 such grant was awarded;
19 (iii) any termination or modification
20 of a grant awarded under the covered pro-
21 grams, which shall include a description of
22 the subsequent usage of any funds to
23 which such an action applies; and
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24 (iv) each challenge made by an appli-
25 cant for, or a recipient of, a grant under
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1 the covered programs and the outcome of
2 each such challenge; and
3 (B) conduct evaluations of the activities
4 carried out under the covered programs, which
5 shall include an evaluation of—
6 (i) whether eligible States to which
7 grants are awarded under the program es-
8 tablished under section 11201 are—
9 (I) abiding by the assurances
10 made by those States under sub-
11 section (e) of that section;
12 (II) meeting, or have met, the
13 stated goals of the State Digital Eq-
14 uity Plans developed by the States
15 under subsection (c) of that section;
16 (III) satisfying the requirements
17 imposed by the Assistant Secretary on
18 those States under subsection (g) of
19 that section; and
20 (IV) in compliance with any
21 other rules, requirements, or regula-
22 tions promulgated by the Assistant
23 Secretary in implementing that pro-
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24 gram; and
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1 (ii) whether entities to which grants
2 are awarded under the program established
3 under section 11202 are—
4 (I) abiding by the assurances
5 made by those entities under sub-
6 section (f) of that section;
7 (II) meeting, or have met, the
8 stated goals of those entities with re-
9 spect to the use of the grant amounts;
10 (III) satisfying the requirements
11 imposed by the Assistant Secretary on
12 those entities under subsection (h) of
13 that section; and
14 (IV) in compliance with any
15 other rules, requirements, or regula-
16 tions promulgated by the Assistant
17 Secretary in implementing that pro-
18 gram.
19 (2) PUBLIC AVAILABILITY.—The Assistant Sec-
20 retary shall make each report submitted under para-
21 graph (1)(A) publicly available in an online format
22 that—
23 (A) facilitates access and ease of use;
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24 (B) is searchable; and
25 (C) is accessible—
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1 (i) to individuals with disabilities; and
2 (ii) in languages other than English.
3 (b) AUTHORITY TO CONTRACT AND ENTER INTO
4 OTHER ARRANGEMENTS.—The Assistant Secretary may
5 award grants and enter into contracts, cooperative agree-
6 ments, and other arrangements with Federal agencies,
7 public and private organizations, and other entities with
8 expertise that the Assistant Secretary determines appro-
9 priate in order to—
10 (1) evaluate the impact and efficacy of activities
11 supported by grants awarded under the covered pro-
12 grams; and
13 (2) develop, catalog, disseminate, and promote
14 the exchange of best practices, both with respect to
15 and independent of the covered programs, in order
16 to achieve digital equity.
17 (c) CONSULTATION AND PUBLIC ENGAGEMENT.—In
18 carrying out subsection (a), and to further the objectives
19 described in paragraphs (1) and (2) of subsection (b), the
20 Assistant Secretary shall conduct ongoing collaboration
21 and consult with—
22 (1) the Secretary of Agriculture;
23 (2) the Secretary of Housing and Urban Devel-
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24 opment;
25 (3) the Secretary of Education;
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1 (4) the Secretary of Labor;
2 (5) the Secretary of Health and Human Serv-
3 ices;
4 (6) the Secretary of Veterans Affairs;
5 (7) the Secretary of the Interior;
6 (8) the Assistant Secretary for Indian Affairs of
7 the Department of the Interior;
8 (9) the Commission;
9 (10) the Federal Trade Commission;
10 (11) the Director of the Institute of Museum
11 and Library Services;
12 (12) the Administrator of the Small Business
13 Administration;
14 (13) the Federal Cochairman of the Appa-
15 lachian Regional Commission;
16 (14) State agencies and governors of States (or
17 equivalent officials);
18 (15) entities serving as administering entities
19 for States under section 11201(b);
20 (16) national, State, Tribal, and local organiza-
21 tions that conduct digital inclusion activities, pro-
22 mote digital equity, or provide digital literacy serv-
23 ices;
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24 (17) researchers, academics, and philanthropic
25 organizations; and
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1 (18) other agencies, organizations (including
2 international organizations), entities (including enti-
3 ties with expertise in the fields of data collection,
4 analysis and modeling, and evaluation), and commu-
5 nity stakeholders, as determined appropriate by the
6 Assistant Secretary.
7 (d) TECHNICAL SUPPORT AND ASSISTANCE.—The
8 Assistant Secretary shall provide technical support and as-
9 sistance to potential applicants for the covered programs
10 and entities awarded grants under the covered programs,
11 to ensure consistency in data reporting and to meet the
12 objectives of this section.
13 SEC. 11204. GENERAL PROVISIONS.
14 (a) NONDISCRIMINATION.—
15 (1) IN GENERAL.—No individual in the United
16 States may, on the basis of actual or perceived race,
17 color, religion, national origin, sex, gender identity,
18 sexual orientation, age, or disability, be excluded
19 from participation in, be denied the benefits of, or
20 be subjected to discrimination under any program or
21 activity that is funded in whole or in part with funds
22 made available under this part.
23 (2) ENFORCEMENT.—The Assistant Secretary
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24 shall effectuate paragraph (1) with respect to any
25 program or activity described in that paragraph by
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1 issuing regulations and taking actions consistent
2 with section 602 of the Civil Rights Act of 1964 (42
3 U.S.C. 2000d–1).
4 (3) JUDICIAL REVIEW.—Judicial review of an
5 action taken by the Assistant Secretary under para-
6 graph (2) shall be available to the extent provided in
7 section 603 of the Civil Rights Act of 1964 (42
8 U.S.C. 2000d–2).
9 (b) TECHNOLOGICAL NEUTRALITY.—The Assistant
10 Secretary shall, to the extent practicable, carry out this
11 part in a technologically neutral manner.
12 (c) AUDIT AND OVERSIGHT.—There are authorized
13 to be appropriated to the Office of Inspector General of
14 the Department of Commerce for audits and oversight of
15 funds made available to carry out this part, $1,000,000
16 for fiscal year 2022, and such amount is authorized to
17 remain available through fiscal year 2026.
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1 Subtitle B—Broadband Afford-
2 ability and Pricing Trans-
3 parency
4 PART 1—BROADBAND AFFORDABILITY
5 SEC. 12101. AUTHORIZATION FOR ADDITIONAL FUNDS FOR
6 THE EMERGENCY BROADBAND CONNECTIV-
7 ITY FUND.
8 There are authorized to be appropriated to the Emer-
9 gency Broadband Connectivity Fund established under
10 subsection (i) of section 904 of title IX of division N of
11 the Consolidated Appropriations Act, 2021 (Public Law
12 116–260) $6,000,000,000 for fiscal year 2022 for the pur-
13 poses described in paragraph (3) of such subsection, and
14 such amount is authorized to remain available through fis-
15 cal year 2026.
16 SEC. 12102. GRANTS TO STATES TO STRENGTHEN NA-
17 TIONAL LIFELINE ELIGIBILITY VERIFIER.
18 (a) IN GENERAL.—Not later than 45 days after the
19 date of the enactment of this Act, the Commission shall
20 establish a program to provide a grant, from amounts ap-
21 propriated under subsection (d), to each eligible entity for
22 the purpose described under subsection (b).
23 (b) PURPOSE.—The Commission shall make a grant
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24 to each eligible entity for the purpose of establishing or
25 amending a connection between the databases of such en-
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1 tity that contain information concerning the receipt by a
2 household, or a member of a household, of benefits under
3 a program administered by such entity (including any ben-
4 efit provided under the supplemental nutrition assistance
5 program under the Food and Nutrition Act of 2008 (7
6 U.S.C. 2011 et seq.)) and the National Lifeline Eligibility
7 Verifier so that the receipt by a household, or a member
8 of a household, of benefits under such benefits program—
9 (1) is reflected in the National Lifeline Eligi-
10 bility Verifier; and
11 (2) can be used to verify eligibility for—
12 (A) the Lifeline program established under
13 subpart E, part 54, of title 47, Code of Federal
14 Regulations (or any successor regulation); and
15 (B) the Emergency Broadband Benefit
16 Program established under section 904(b) of
17 title IX of division N of the Consolidated Ap-
18 propriations Act, 2021 (Public Law 116–260).
19 (c) DISBURSEMENT OF GRANT FUNDS.—Not later
20 than 60 days after the program established under sub-
21 section (a) is established, funds provided under each grant
22 made under such subsection shall be disbursed to the enti-
23 ty receiving such grant.
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24 (d) AUTHORIZATION OF APPROPRIATIONS.—There
25 are authorized to be appropriated $200,000,000 for fiscal
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1 year 2022 for the purposes of carrying out this section,
2 and such amount is authorized to remain available
3 through fiscal year 2026.
4 (e) ELIGIBLE ENTITIES.—In this section, the term
5 ‘‘eligible entity’’ means an entity that—
6 (1) is a State or Tribal entity; and
7 (2) not later than 30 days after the date of the
8 enactment of this Act, submits to the Commission
9 an application containing such information as the
10 Commission may require.
11 SEC. 12103. FEDERAL COORDINATION BETWEEN NATIONAL
12 ELIGIBILITY VERIFIER AND NATIONAL ACCU-
13 RACY CLEARINGHOUSE.
14 Notwithstanding section 11(x)(2)(C)(i) of the Food
15 and Nutrition Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)),
16 not later than 180 days after the date of the enactment
17 of this Act, the Commission shall, in coordination with the
18 Secretary of Agriculture, establish an automated connec-
19 tion, to the maximum extent practicable, between the Na-
20 tional Lifeline Eligibility Verifier and the National Accu-
21 racy Clearinghouse established under section 11(x) of the
22 Food and Nutrition Act of 2008 (7 U.S.C. 2020(x)) for
23 the supplemental nutrition assistance program.
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24 SEC. 12104. DEFINITIONS.
25 In this part:
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1 (1) AUTOMATED CONNECTION.—The term
2 ‘‘automated connection’’ means a connection be-
3 tween two or more information systems where the
4 manual input of information in one system leads to
5 the automatic input of the same information into
6 any other connected system.
7 (2) NATIONAL LIFELINE ELIGIBILITY
8 VERIFIER.—The term ‘‘National Lifeline Eligibility
9 Verifier’’ has the meaning given such term in section
10 54.400 of title 47, Code of Federal Regulations (or
11 any successor regulation).
12 (3) TRIBAL ENTITY.—The term ‘‘Tribal entity’’
13 means any of the following:
14 (A) The governing body of any Indian or
15 Alaska Native Tribe, band, nation, pueblo, vil-
16 lage, community, component band, or compo-
17 nent reservation, individually recognized (in-
18 cluding parenthetically) in the list published
19 most recently as of the date of enactment of
20 this Act pursuant to section 104 of the Feder-
21 ally Recognized Indian Tribe List Act of 1994
22 (25 U.S.C. 5131).
23 (B) The Department of Hawaiian Home
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24 Lands.
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1 PART 2—ADDITIONAL AUTHORIZATION FOR
2 EMERGENCY CONNECTIVITY FUND
3 SEC. 12201. ADDITIONAL AUTHORIZATION FOR EMER-
4 GENCY CONNECTIVITY FUND.
5 There is authorized to be appropriated to the Emer-
6 gency Connectivity Fund established under section
7 7402(c) of the American Rescue Plan Act of 2021
8 $2,000,000,000 for fiscal year 2022 for the purposes de-
9 scribed in such section, and such amount is authorized to
10 remain available through fiscal year 2026.
11 PART 3—PRICING TRANSPARENCY
12 SEC. 12301. DEFINITIONS.
13 In this part:
14 (1) BROADBAND INTERNET ACCESS SERVICE.—
15 The term ‘‘broadband internet access service’’ has
16 the meaning given the term in section 8.1(b) of title
17 47, Code of Federal Regulations, or any successor
18 regulation.
19 (2) FIXED WIRELESS BROADBAND.—The term
20 ‘‘fixed wireless broadband’’ means broadband inter-
21 net access service that serves end users primarily at
22 fixed endpoints through stationary equipment con-
23 nected by the use of radio, such as by the use of un-
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24 licensed spectrum.
25 (3) MOBILE BROADBAND.—The term ‘‘mobile
26 broadband’’—
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1 (A) means broadband internet access serv-
2 ice that serves end users primarily using mobile
3 stations;
4 (B) includes services that use smartphones
5 or mobile network-enabled tablets as the pri-
6 mary endpoints for connection to the internet;
7 and
8 (C) includes mobile satellite broadband
9 internet access services.
10 (4) PROVIDER.—The term ‘‘provider’’ means a
11 provider of fixed or mobile broadband internet access
12 service.
13 (5) SATELLITE BROADBAND.—The term ‘‘sat-
14 ellite broadband’’ means broadband internet access
15 service that serves end users primarily at fixed
16 endpoints through stationary equipment connected
17 by the use of orbital satellites.
18 (6) TERRESTRIAL FIXED BROADBAND.—The
19 term ‘‘terrestrial fixed broadband’’ means broadband
20 internet access service that serves end users pri-
21 marily at fixed endpoints through stationary equip-
22 ment connected by wired technology such as cable,
23 DSL, and fiber.
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24 SEC. 12302. BROADBAND TRANSPARENCY.
25 (a) RULES.—
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1 (1) IN GENERAL.—Not later than 1 year after
2 the date of the enactment of this Act, the Commis-
3 sion shall issue final rules that include a require-
4 ment for the annual collection by the Commission of
5 data relating to the price and subscription rates of
6 terrestrial fixed broadband, fixed wireless
7 broadband, satellite broadband, and mobile
8 broadband.
9 (2) UPDATES.—Not later than 90 days after
10 the date on which rules are issued under paragraph
11 (1), and when determined to be necessary by the
12 Commission thereafter, the Commission shall revise
13 such rules to verify the accuracy of data submitted
14 pursuant to such rules.
15 (3) REDUNDANCY AVOIDANCE.—Nothing in this
16 section shall be construed to require the Commis-
17 sion, in order to meet a requirement of this section,
18 to duplicate an activity that the Commission is un-
19 dertaking as of the date of the enactment of this
20 Act, if the Commission refers to such activity in the
21 rules issued under paragraph (1), such activity
22 meets the requirements of this section, and the Com-
23 mission discloses such activity to the public.
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24 (b) CONTENT OF RULES.—The rules issued by the
25 Commission under subsection (a)(1) shall require the
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1 Commission to collect from each provider of terrestrial
2 fixed broadband, fixed wireless broadband, mobile
3 broadband, or satellite broadband, data that includes—
4 (1) either the weighted average of the monthly
5 prices charged to subscribed households within each
6 census block for each distinct broadband internet ac-
7 cess service plan or tier of standalone broadband
8 internet access service, including mandatory equip-
9 ment charges, usage-based fees, and fees for early
10 termination of required contracts, or the monthly
11 price charged to each subscribed household, includ-
12 ing such charges and fees;
13 (2) either the mean monthly price within the
14 duration of subscription contracts offered within
15 each census block for each distinct broadband inter-
16 net access service plan or tier of standalone
17 broadband internet access service, including manda-
18 tory equipment charges, usage-based fees, and fees
19 for early termination of required contracts, or the
20 mean monthly price within the duration of subscrip-
21 tion contracts offered to each household, including
22 such charges and fees;
23 (3) either the subscription rate within each cen-
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24 sus block for each distinct broadband internet access
25 service plan or tier of standalone broadband internet
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1 access service, or information regarding the sub-
2 scription status of each household to which a sub-
3 scription is offered;
4 (4) data necessary to demonstrate the actual
5 price paid by subscribers of broadband internet ac-
6 cess service at each tier for such service in a manner
7 that—
8 (A) takes into account any discounts (or
9 similar price concessions); and
10 (B) identifies any additional taxes and fees
11 (including for the use of equipment related to
12 the use of a subscription for such service), any
13 monthly data usage limitation at the stated
14 price, and the extent to which the price of the
15 service reflects inclusion within a product bun-
16 dle; and
17 (5) data necessary to assess the resiliency of
18 the broadband internet access service network in the
19 event of a natural disaster or emergency.
20 (c) TECHNICAL ASSISTANCE.—The Commission shall
21 provide technical assistance to small providers (as defined
22 by the Commission) of broadband internet access service,
23 to ensure such providers can fulfill the requirements of
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24 this section.
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1 SEC. 12303. DISTRIBUTION OF DATA.
2 (a) AVAILABILITY OF DATA.—Subject to subsection
3 (b), the Commission shall make all data relating to
4 broadband internet access service collected under rules re-
5 quired by this part available in a commonly used electronic
6 format to—
7 (1) other Federal agencies, including the Na-
8 tional Telecommunications and Information Admin-
9 istration, to assist that agency in conducting the
10 study required by subsection (g) of section 903 of di-
11 vision FF of the Consolidated Appropriations Act,
12 2021 (Public Law 116–260), as added by this title;
13 (2) a broadband office, public utility commis-
14 sion, broadband mapping program, or other
15 broadband program of a State, in the case of data
16 pertaining to the needs of that State;
17 (3) a unit of local government, in the case of
18 data pertaining to the needs of that locality; and
19 (4) an individual or organization conducting re-
20 search for noncommercial purposes or public interest
21 purposes.
22 (b) PROTECTION OF DATA.—
23 (1) IN GENERAL.—The Commission may not
24 share any data described in subsection (a) with an
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25 entity or individual described in that subsection un-
26 less the Commission has determined that the receiv-
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1 ing entity or individual has the capability and intent
2 to protect any personally identifiable information
3 contained in the data.
4 (2) DETERMINATION OF PERSONALLY IDENTI-
5 FIABLE INFORMATION.—The Commission—
6 (A) shall define the term ‘‘personally iden-
7 tifiable information’’, for purposes of paragraph
8 (1), through notice and comment rulemaking;
9 and
10 (B) may not share any data under sub-
11 section (a) before completing the rulemaking
12 under subparagraph (A).
13 (c) BALANCING ACCESS AND PROTECTION.—If the
14 Commission is unable to determine under subsection
15 (b)(1) that an entity or individual requesting access to
16 data under subsection (a) has the capability to protect per-
17 sonally identifiable information contained in the data, the
18 Commission shall make as much of the data available as
19 possible in a format that does not compromise personally
20 identifiable information, through methods such as
21 anonymization.
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1 SEC. 12304. COORDINATION WITH CERTAIN OTHER FED-
2 ERAL AGENCIES.
3 Section 804(b)(2) of the Communications Act of
4 1934 (47 U.S.C. 644(b)(2)), as added by the Broadband
5 DATA Act (Public Law 116–130), is amended—
6 (1) in subparagraph (A)(ii), by striking the
7 semicolon at the end and inserting ‘‘; and’’; and
8 (2) by amending subparagraph (B) to read as
9 follows:
10 ‘‘(B) coordinate with the Postmaster Gen-
11 eral, the heads of other Federal agencies that
12 operate delivery fleet vehicles, and the Director
13 of the Bureau of the Census for assistance with
14 data collection whenever coordination could fea-
15 sibly yield more specific geographic data.’’; and
16 (3) by striking subparagraph (C).
17 SEC. 12305. ADOPTION OF CONSUMER BROADBAND LABELS.
18 (a) FINAL RULE.—Not later than 1 year after the
19 date of the enactment of this Act, the Commission shall
20 promulgate regulations to promote and incentivize the
21 widespread adoption of broadband consumer labels, as de-
22 scribed in the Public Notice of the Commission issued on
23 April 4, 2016 (DA 16–357), to disclose to consumers in-
24 formation regarding broadband internet access service
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25 plans.
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1 (b) HEARINGS.—In issuing the final rule under sub-
2 section (a), the Commission shall conduct a series of pub-
3 lic hearings to assess, at the time of the proceeding—
4 (1) how consumers evaluate broadband internet
5 access service plans; and
6 (2) whether disclosures to consumers of infor-
7 mation regarding broadband internet access service
8 plans, including those required under section 8.1 of
9 title 47, Code of Federal Regulations, are available,
10 effective, and sufficient.
11 SEC. 12306. GAO REPORT.
12 Not later than one year after the date of the enact-
13 ment of this Act, the Comptroller General of the United
14 States shall submit to the Committee on Energy and Com-
15 merce of the House of Representatives, the Committee on
16 Agriculture of the House of Representatives, the Com-
17 mittee on Transportation and Infrastructure of the House
18 of the Representatives, the Committee on Commerce,
19 Science, and Transportation of the Senate, the Committee
20 on Environment and Public Works of the Senate, and the
21 Committee on Agriculture, Nutrition, and Forestry of the
22 Senate, a report that evaluates the process used by the
23 Commission for establishing, reviewing, and updating the
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24 upload and download broadband internet access service
25 speed thresholds, including—
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1 (1) how the Commission reviews and updates
2 broadband internet access speed thresholds;
3 (2) whether the Commission considers future
4 broadband internet access service speed needs when
5 establishing broadband internet access service speed
6 thresholds, including whether the Commission con-
7 siders the need, or the anticipated need, for higher
8 upload or download broadband internet access serv-
9 ice speeds in the five-year period and the ten-year
10 period after the date on which a broadband internet
11 access service speed threshold is to be established;
12 and
13 (3) how the Commission considers the impacts
14 of changing uses of the internet in establishing, re-
15 viewing, or updating broadband internet access serv-
16 ice speed thresholds, including—
17 (A) the proliferation of internet-based busi-
18 ness;
19 (B) working remotely and running a busi-
20 ness from home;
21 (C) video teleconferencing;
22 (D) distance learning;
23 (E) in-house web hosting; and
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24 (F) cloud data storage.
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1 Subtitle C—Broadband Access
2 PART 1—EXPANSION OF BROADBAND ACCESS
3 SEC. 13101. EXPANSION OF BROADBAND ACCESS IN
4 UNSERVED AREAS AND AREAS WITH LOW-
5 TIER OR MID-TIER SERVICE.
6 (a) IN GENERAL.—Title VII of the Communications
7 Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding
8 at the end the following new section:
9 ‘‘SEC. 723. EXPANSION OF BROADBAND ACCESS IN
10 UNSERVED AREAS AND AREAS WITH LOW-
11 TIER OR MID-TIER SERVICE.
12 ‘‘(a) PROGRAM ESTABLISHED.—Not later than 180
13 days after the date of the enactment of this section, the
14 Commission, in consultation with the Assistant Secretary,
15 shall establish a program to expand access to broadband
16 service for unserved areas, areas with low-tier service,
17 areas with mid-tier service, and unserved anchor institu-
18 tions in accordance with the requirements of this section
19 that—
20 ‘‘(1) is separate from any universal service pro-
21 gram established pursuant to section 254; and
22 ‘‘(2) does not require funding recipients to be
23 designated as eligible telecommunications carriers
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24 under section 214(e).
25 ‘‘(b) USE OF PROGRAM FUNDS.—
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1 ‘‘(1) EXPANDING ACCESS TO BROADBAND SERV-
2 ICE THROUGH NATIONAL SYSTEM OF COMPETITIVE
3 BIDDING.—Not later than 18 months after the date
4 of the enactment of this section, the Commission
5 shall award 75 percent of the amounts appropriated
6 under subsection (g) through national systems of
7 competitive bidding to funding recipients only to ex-
8 pand access to broadband service in unserved areas
9 and areas with low-tier service.
10 ‘‘(2) EXPANDING ACCESS TO BROADBAND SERV-
11 ICE THROUGH STATES.—
12 ‘‘(A) DISTRIBUTION OF FUNDS TO
13 STATES.—Not later than 255 days after the
14 date of the enactment of this section, the Com-
15 mission shall distribute 25 percent of the
16 amounts appropriated under subsection (g)
17 among the States, as follows:
18 ‘‘(i) $100,000,000 shall be distributed
19 to each of the 50 States, the District of
20 Columbia, and Puerto Rico.
21 ‘‘(ii) $100,000,000 shall be allocated
22 equally among and distributed to the
23 United States Virgin Islands, Guam,
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24 American Samoa, the Commonwealth of
25 the Northern Mariana Islands, the Repub-
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1 lic of the Marshall Islands, the Federated
2 States of Micronesia, and the Republic of
3 Palau.
4 ‘‘(iii) The remainder shall be allocated
5 among and distributed to the entities de-
6 scribed in clause (i), in proportion to the
7 population of each such entity.
8 ‘‘(B) PUBLIC NOTICE.—Not later than 195
9 days after the date of the enactment of this sec-
10 tion, the Commission shall issue a public notice
11 informing each State and the public of the
12 amounts to be distributed under this para-
13 graph. The notice shall include—
14 ‘‘(i) the manner in which a State shall
15 inform the Commission of that State’s ac-
16 ceptance or acceptance in part of the
17 amounts to be distributed under this para-
18 graph;
19 ‘‘(ii) the date (which is 30 days after
20 the date on which the public notice is
21 issued) by which such acceptance or ac-
22 ceptance in part is due; and
23 ‘‘(iii) the requirements as set forth
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24 under this section and as may be further
25 prescribed by the Commission.
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1 ‘‘(C) ACCEPTANCE BY STATES.—Not later
2 than 30 days after the date on which a public
3 notice is issued under subparagraph (B), each
4 State accepting amounts to be distributed
5 under this paragraph shall inform the Commis-
6 sion of the acceptance or acceptance in part by
7 the State of the amounts to be distributed
8 under this paragraph in the manner described
9 by the Commission in the public notice.
10 ‘‘(D) REQUIREMENTS FOR STATE RECEIPT
11 OF AMOUNTS DISTRIBUTED.—Each State ac-
12 cepting amounts distributed under this para-
13 graph—
14 ‘‘(i) shall only award such amounts
15 through statewide systems of competitive
16 bidding, in the manner prescribed by the
17 State but subject to the requirements as
18 set forth under this section and as may be
19 further prescribed by the Commission;
20 ‘‘(ii) shall make such awards only—
21 ‘‘(I) to funding recipients to ex-
22 pand access to broadband service in
23 unserved areas and areas with low-tier
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24 service;
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1 ‘‘(II) to funding recipients to ex-
2 pand access to broadband service to
3 unserved anchor institutions; or
4 ‘‘(III) to funding recipients to ex-
5 pand access to broadband service in
6 areas with mid-tier service, but only if
7 a State does not have, or no longer
8 has, any unserved areas or areas with
9 low-tier service;
10 ‘‘(iii) shall conduct separate systems
11 of competitive bidding for awards made to
12 unserved anchor institutions under clause
13 (ii)(II), if a State awards any amounts dis-
14 tributed under this paragraph to unserved
15 anchor institutions;
16 ‘‘(iv) shall return any unused portion
17 of amounts distributed under this para-
18 graph to the Commission within 10 years
19 after the date of the enactment of this sec-
20 tion and shall submit a certification to the
21 Commission before receiving such amounts
22 that the State will return such amounts;
23 and
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24 ‘‘(v) may not use more than 5 percent
25 of the amounts distributed under this
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1 paragraph to administer a system or sys-
2 tems of competitive bidding authorized by
3 this paragraph.
4 ‘‘(3) FEDERAL AND STATE COORDINATION.—
5 The Commission, in consultation with the Office of
6 Internet Connectivity and Growth, shall establish
7 processes through the rulemaking under subsection
8 (e) to—
9 ‘‘(A) permit a State to elect for the Com-
10 mission to conduct statewide systems of com-
11 petitive bidding on behalf of such State as part
12 of, or in coordination with, national systems of
13 competitive bidding;
14 ‘‘(B) assist States in conducting statewide
15 systems of competitive bidding;
16 ‘‘(C) ensure that program funds awarded
17 by the Commission and program funds awarded
18 by the States are not used in the same areas;
19 and
20 ‘‘(D) ensure that program funds and funds
21 awarded through other Federal programs to ex-
22 pand broadband service with a download speed
23 of at least 100 megabits per second, an upload
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24 speed of at least 100 megabits per second, and
25 latency that is sufficiently low to allow multiple,
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1 simultaneous, real-time, interactive applications,
2 are not used in the same areas.
3 ‘‘(c) PROGRAM REQUIREMENTS.—
4 ‘‘(1) TECHNOLOGY NEUTRALITY REQUIRED.—
5 The entity administering a system of competitive
6 bidding (either a State or the Commission) in mak-
7 ing awards may not favor a project using any par-
8 ticular technology.
9 ‘‘(2) GIGABIT PERFORMANCE FUNDING.—The
10 Commission shall reserve 20 percent of the amounts
11 to be awarded by the Commission under subsection
12 (b)(1), and each State shall reserve 20 percent of
13 the amounts distributed to such State under sub-
14 section (b)(2), for bidders committing (with respect
15 to any particular project by such a bidder) to offer,
16 not later than the date that is 4 years after the date
17 on which funding is provided under this section for
18 such project—
19 ‘‘(A) broadband service with a download
20 speed of at least 1 gigabit per second, an
21 upload speed of at least 1 gigabit per second,
22 and latency that is sufficiently low to allow mul-
23 tiple, simultaneous, real-time, interactive appli-
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24 cations; or
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1 ‘‘(B) in the case of a project to provide
2 broadband service to an unserved anchor insti-
3 tution, broadband service with a download
4 speed of at least 10 gigabits per second per
5 1,000 users, an upload speed of at least 10 gig-
6 abits per second per 1,000 users, and latency
7 that is sufficiently low to allow multiple, simul-
8 taneous, real-time, interactive applications.
9 ‘‘(3) SYSTEM OF COMPETITIVE BIDDING PROC-
10 ESS.—The entity administering a system of competi-
11 tive bidding (either a State or the Commission) shall
12 structure the system of competitive bidding process
13 to—
14 ‘‘(A) first hold a system of competitive bid-
15 ding only for bidders committing (with respect
16 to any particular project by such a bidder) to
17 offer, not later than the date that is 4 years
18 after the date on which funding is provided
19 under this section for such project—
20 ‘‘(i) broadband service with a
21 download speed of at least 1 gigabit per
22 second, an upload speed of at least 1 gig-
23 abit per second, and latency that is suffi-
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24 ciently low to allow multiple, simultaneous,
25 real-time, interactive applications; or
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1 ‘‘(ii) in the case of a project to pro-
2 vide broadband service to an unserved an-
3 chor institution, broadband service with a
4 download speed of at least 10 gigabits per
5 second per 1,000 users, an upload speed of
6 at least 10 gigabits per second per 1,000
7 users, and latency that is sufficiently low
8 to allow multiple, simultaneous, real-time,
9 interactive applications; and
10 ‘‘(B) after holding the system of competi-
11 tive bidding required by subparagraph (A), hold
12 one or more systems of competitive bidding, in
13 areas not receiving awards under subparagraph
14 (A), to award funds for projects in areas that
15 are estimated to remain unserved areas, areas
16 with low-tier service, or (to the extent permitted
17 under this section) areas with mid-tier service,
18 or (to the extent permitted under this section)
19 for projects to offer broadband service to an-
20 chor institutions that are estimated to remain
21 unserved anchor institutions, after the comple-
22 tion of the projects for which funding is award-
23 ed under the system of competitive bidding re-
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24 quired by subparagraph (A) or any previous
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1 system of competitive bidding under this sub-
2 paragraph.
3 ‘‘(4) FUNDS PRIORITY PREFERENCE.—There
4 shall be a preference in a system of competitive bid-
5 ding for projects that would expand access to
6 broadband service in areas where at least 90 percent
7 of the population has no access to broadband service
8 or does not have access to broadband service offered
9 with a download speed of at least 25 megabits per
10 second, with an upload speed of at least 3 megabits
11 per second, and with latency that is sufficiently low
12 to allow multiple, simultaneous, real-time, interactive
13 applications. Such projects shall be given priority in
14 such system of competitive bidding over all other
15 projects, regardless of how many preferences under
16 paragraph (5) for which such other projects qualify.
17 ‘‘(5) FUNDS PREFERENCE.—There shall be a
18 preference in a system of competitive bidding, as de-
19 termined by the entity administering the system of
20 competitive bidding (either a State or the Commis-
21 sion), for any of the following projects:
22 ‘‘(A) Projects with at least 20 percent
23 matching funds from non-Federal sources.
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1 ‘‘(B) Projects that would expand access to
2 broadband service on Tribal lands, as defined
3 by the Commission.
4 ‘‘(C) Projects that would provide
5 broadband service with higher speeds than
6 those specified in subsection (d)(2), except in
7 the case of funds awarded under subparagraph
8 (A) of paragraph (3).
9 ‘‘(D) Projects that would expand access to
10 broadband service in advance of the time speci-
11 fied in subsection (e)(5), except in the case of
12 funds awarded under subparagraph (A) of
13 paragraph (3).
14 ‘‘(E) Projects that would expand access to
15 broadband service to persistent poverty counties
16 or high-poverty areas at subsidized rates.
17 ‘‘(F) Projects that, at least until the date
18 that is 10 years after the date of the enactment
19 of this section, would provide broadband service
20 with comparable speeds to those provided in
21 areas that, on the day before such date of en-
22 actment, were not unserved areas, areas with
23 low-tier service, or areas with mid-tier service,
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24 with minimal future investment.
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1 ‘‘(G) Projects with support from the local
2 community, demonstrated by at least one letter
3 of support from local elected officials in the
4 community.
5 ‘‘(H) Projects that would provide for the
6 deployment of open-access broadband service
7 networks.
8 ‘‘(6) UNSERVED AREAS AND AREAS WITH LOW-
9 TIER OR MID-TIER SERVICE.—In determining wheth-
10 er an area is an unserved area, an area with low-
11 tier service, or an area with mid-tier service or
12 whether an anchor institution is an unserved anchor
13 institution for any system of competitive bidding au-
14 thorized under this section, the Commission shall
15 implement the following requirements through the
16 rulemaking described in subsection (e):
17 ‘‘(A) DATA FOR INITIAL DETERMINA-
18 TION.—To make an initial determination as to
19 whether an area is an unserved area, an area
20 with low-tier service, or an area with mid-tier
21 service or whether an anchor institution is an
22 unserved anchor institution, the Commission
23 shall—
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1 ‘‘(i) use the most accurate and granu-
2 lar data on the map created by the Com-
3 mission under section 802(c)(1)(B);
4 ‘‘(ii) refine the data described in
5 clause (i) by using—
6 ‘‘(I) other data on access to
7 broadband service obtained or pur-
8 chased by the Commission;
9 ‘‘(II) other publicly available data
10 or information on access to broadband
11 service; and
12 ‘‘(III) other publicly available
13 data or information on State
14 broadband service deployment pro-
15 grams; and
16 ‘‘(iii) not determine an area is not an
17 unserved area, an area with low-tier serv-
18 ice, or an area with mid-tier service, on the
19 basis that one location within such area
20 does not meet the definition of an unserved
21 area, an area with low-tier service, or an
22 area with mid-tier service.
23 ‘‘(B) INITIAL DETERMINATION.—The
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24 Commission shall make an initial determination
25 of the areas that are unserved areas, areas with
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1 low-tier service, and areas with mid-tier service
2 and which anchor institutions are unserved an-
3 chor institutions not later than 270 days after
4 the date of the enactment of this section.
5 ‘‘(C) CHALLENGE OF DETERMINATION.—
6 ‘‘(i) IN GENERAL.—The Commission
7 shall provide for a process for challenging
8 any initial determination regarding wheth-
9 er an area is an unserved area, an area
10 with low-tier service, or an area with mid-
11 tier service or whether an anchor institu-
12 tion is an unserved anchor institution that,
13 at a minimum, provides not less than 45
14 days for a person to voluntarily submit in-
15 formation concerning—
16 ‘‘(I) the broadband service of-
17 fered in the area, or a commitment to
18 offer broadband service in the area
19 that is subject to legal sanction if not
20 performed; or
21 ‘‘(II) the broadband service of-
22 fered to the anchor institution.
23 ‘‘(ii) STREAMLINED PROCESS.—The
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24 Commission shall ensure that such process
25 is sufficiently streamlined such that a rea-
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1 sonably prudent person may easily partici-
2 pate to challenge such initial determination
3 with little burden on such person.
4 ‘‘(D) FINAL DETERMINATION.—The Com-
5 mission shall make a final determination of the
6 areas that are unserved areas, areas with low-
7 tier service, or areas with mid-tier service and
8 which anchor institutions are unserved anchor
9 institutions within 1 year after the date of the
10 enactment of this section.
11 ‘‘(7) NOTICE, TRANSPARENCY, ACCOUNT-
12 ABILITY, AND OVERSIGHT REQUIRED.—The program
13 shall contain sufficient notice, transparency, ac-
14 countability, and oversight measures to provide the
15 public with notice of the assistance provided under
16 this section, and to deter waste, fraud, and abuse of
17 program funds.
18 ‘‘(8) COMPETENCE.—
19 ‘‘(A) STANDARDS.—The Commission shall
20 establish, through the rulemaking described in
21 subsection (e), objective standards to determine
22 that each provider of broadband service seeking
23 to participate in a system of competitive bid-
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24 ding—
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110
1 ‘‘(i) is capable of carrying out the
2 project in a competent manner in compli-
3 ance with all applicable Federal, State, and
4 local laws;
5 ‘‘(ii) has the financial capacity to
6 meet the buildout obligations of the project
7 and requirements as set forth under this
8 section and as may be further prescribed
9 by the Commission; and
10 ‘‘(iii) has the technical and oper-
11 ational capability to provide broadband
12 services in the manner contemplated by the
13 provider’s bid in the system of competitive
14 bidding, including a detailed consideration
15 of the provider’s prior performance in de-
16 livering services as contemplated in the bid
17 and the capabilities of the provider’s pro-
18 posed network to deliver the contemplated
19 services in the area in question.
20 ‘‘(B) DETERMINATIONS REGARDING PRO-
21 VIDERS.—An entity administering a system of
22 competitive bidding (either a State or the Com-
23 mission) may not permit a provider of
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24 broadband service to participate in the system
25 of competitive bidding unless the entity first de-
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1 termines, after notice and an opportunity for
2 public comment, that the provider meets the
3 standards established under subparagraph (A).
4 ‘‘(9) CONTRACTING REQUIREMENTS.—All labor-
5 ers and mechanics employed by contractors or sub-
6 contractors in the performance of construction, al-
7 teration, or repair work carried out, in whole or in
8 part, with assistance made available under this sec-
9 tion shall be paid wages at rates not less than those
10 prevailing on projects of a similar character in the
11 locality as determined by the Secretary of Labor in
12 accordance with subchapter IV of chapter 31 of title
13 40, United States Code. With respect to the labor
14 standards in this paragraph, the Secretary of Labor
15 shall have the authority and functions set forth in
16 Reorganization Plan Numbered 14 of 1950 (64 Stat.
17 1267; 5 U.S.C. App.) and section 3145 of title 40,
18 United States Code.
19 ‘‘(10) RULE OF CONSTRUCTION REGARDING EN-
20 VIRONMENTAL LAWS.—Nothing in this section shall
21 be construed to affect—
22 ‘‘(A) the Clean Air Act (42 U.S.C. 7401 et
23 seq.);
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1 ‘‘(B) the Federal Water Pollution Control
2 Act (33 U.S.C. 1251 et seq.; commonly referred
3 to as the ‘Clean Water Act’);
4 ‘‘(C) the National Environmental Policy
5 Act of 1969 (42 U.S.C. 4321 et seq.);
6 ‘‘(D) the Endangered Species Act of 1973
7 (16 U.S.C. 1531 et seq.);
8 ‘‘(E) the Solid Waste Disposal Act (42
9 U.S.C. 6901 et seq.; commonly referred to as
10 the ‘Resource Conservation and Recovery Act’);
11 or
12 ‘‘(F) any State or local law that is similar
13 to a law listed in subparagraphs (A) through
14 (E).
15 ‘‘(11) REFERRAL OF ALLEGED VIOLATIONS OF
16 APPLICABLE FEDERAL LABOR AND EMPLOYMENT
17 LAWS.—The Commission shall refer any alleged vio-
18 lation of an applicable labor and employment law to
19 the appropriate Federal agency for investigation and
20 enforcement, and any alleged violation of paragraph
21 (9) or (12) to the National Labor Relations Board
22 for investigation and enforcement, utilizing all ap-
23 propriate remedies up to and including debarment
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24 from the program.
25 ‘‘(12) LABOR ORGANIZATION.—
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1 ‘‘(A) IN GENERAL.—Notwithstanding the
2 National Labor Relations Act (29 U.S.C. 151
3 et seq.), subparagraphs (B) through (F) shall
4 apply with respect to any funding recipient who
5 is an employer and any labor organization who
6 represents employees of a funding recipient.
7 ‘‘(B) NEUTRALITY REQUIREMENT.—An
8 employer shall remain neutral with respect to
9 the exercise of employees and labor organiza-
10 tions of the right to organize and bargain under
11 the National Labor Relations Act (29 U.S.C.
12 151 et seq.).
13 ‘‘(C) COMMENCEMENT OF COLLECTIVE
14 BARGAINING.—Not later than 10 days after re-
15 ceiving a written request for collective bar-
16 gaining from a labor organization that has been
17 newly recognized or certified as a representative
18 under section 9(a) of the National Labor Rela-
19 tions Act (29 U.S.C. 159(a)), or within such
20 further period as the parties agree upon, the
21 parties shall meet and commence to bargain
22 collectively and shall make every reasonable ef-
23 fort to conclude and sign a collective bargaining
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24 agreement.
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1 ‘‘(D) MEDIATION AND CONCILIATION FOR
2 FAILURE TO REACH A COLLECTIVE BARGAINING
3 AGREEMENT.—
4 ‘‘(i) IN GENERAL.—If the parties have
5 failed to reach an agreement before the
6 date that is 90 days after the date on
7 which bargaining is commenced under sub-
8 paragraph (C), or any later date agreed
9 upon by both parties, either party may no-
10 tify the Federal Mediation and Conciliation
11 Service of the existence of a dispute and
12 request mediation.
13 ‘‘(ii) FEDERAL MEDIATION AND CON-
14 CILIATION SERVICE.—Whenever a request
15 is received under clause (i), the Director of
16 the Federal Mediation and Conciliation
17 Service shall promptly communicate with
18 the parties and use best efforts, by medi-
19 ation and conciliation, to bring them to
20 agreement.
21 ‘‘(E) TRIPARTITE ARBITRATION PANEL.—
22 ‘‘(i) IN GENERAL.—If the Federal Me-
23 diation and Conciliation Service is not able
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24 to bring the parties to agreement by medi-
25 ation or conciliation before the date that is
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1 30 days after the date on which such medi-
2 ation or conciliation is commenced, or any
3 later date agreed upon by both parties, the
4 Service shall refer the dispute to a tri-
5 partite arbitration panel established in ac-
6 cordance with such regulations as may be
7 prescribed by the Service, with one mem-
8 ber selected by the labor organization, one
9 member selected by the employer, and one
10 neutral member mutually agreed to by the
11 parties.
12 ‘‘(ii) DISPUTE SETTLEMENT.—A ma-
13 jority of the tripartite arbitration panel
14 shall render a decision settling the dispute
15 and such decision shall be binding upon
16 the parties for a period of two years, un-
17 less amended during such period by writ-
18 ten consent of the parties. Such decision
19 shall be based on—
20 ‘‘(I) the employer’s financial sta-
21 tus and prospects;
22 ‘‘(II) the size and type of the em-
23 ployer’s operations and business;
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24 ‘‘(III) the employees’ cost of liv-
25 ing;
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1 ‘‘(IV) the employees’ ability to
2 sustain themselves, their families, and
3 their dependents on the wages and
4 benefits they earn from the employer;
5 and
6 ‘‘(V) the wages and benefits that
7 other employers in the same business
8 provide their employees.
9 ‘‘(F) PROHIBITION ON SUBCONTRACTING
10 FOR CERTAIN PURPOSES.—A funding recipient
11 may not engage in subcontracting for the pur-
12 pose of circumventing the terms of a collective
13 bargaining agreement with respect to wages,
14 benefits, or working conditions.
15 ‘‘(G) PARTIES DEFINED.—In this para-
16 graph, the term ‘parties’ means a labor organi-
17 zation that is newly recognized or certified as a
18 representative under section 9(a) of the Na-
19 tional Labor Relations Act (29 U.S.C. 159(a))
20 and the employer of the employees represented
21 by such organization.
22 ‘‘(d) PROJECT REQUIREMENTS.—Any project funded
23 through the program shall meet the following require-
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24 ments:
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1 ‘‘(1) The project shall adhere to quality-of-serv-
2 ice standards as established by the Commission.
3 ‘‘(2) Except as provided in paragraphs (2) and
4 (3) of subsection (c), the project shall offer
5 broadband service with a download speed of at least
6 100 megabits per second, an upload speed of at least
7 100 megabits per second, and latency that is suffi-
8 ciently low to allow multiple, simultaneous, real-time,
9 interactive applications.
10 ‘‘(3) The project shall offer broadband service
11 at prices that are comparable to, or lower than, the
12 prices charged for comparable levels of service in
13 areas that were not unserved areas, areas with low-
14 tier service, or areas with mid-tier service on the day
15 before the date of the enactment of this section.
16 ‘‘(4) For any project that involves laying fiber-
17 optic cables along a roadway, the project shall in-
18 clude interspersed conduit access points at regular
19 and short intervals.
20 ‘‘(5) The project shall incorporate prudent cy-
21 bersecurity and supply chain risk management prac-
22 tices, as specified by the Commission through the
23 rulemaking described in subsection (e), in consulta-
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24 tion with the Director of the National Institute of
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1 Standards and Technology and the Assistant Sec-
2 retary.
3 ‘‘(6) The project shall incorporate best prac-
4 tices, as defined by the Commission, for ensuring re-
5 liability and resiliency of the network during disas-
6 ters.
7 ‘‘(7) Any funding recipient must agree to have
8 the project meet the requirements established under
9 section 224, as if the project were classified as a
10 ‘utility’ under such section. The preceding sentence
11 shall not apply to those entities or persons excluded
12 from the definition of the term ‘utility’ by the second
13 sentence of subsection (a)(1) of such section.
14 ‘‘(8) The project shall offer an affordable option
15 for a broadband service plan under which broadband
16 service is provided—
17 ‘‘(A) with a download speed of at least 50
18 megabits per second;
19 ‘‘(B) with an upload speed of at least 50
20 megabits per second; and
21 ‘‘(C) with latency that is sufficiently low to
22 allow multiple, simultaneous, real-time, inter-
23 active applications.
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24 ‘‘(e) RULEMAKING AND DISTRIBUTION AND AWARD
25 OF FUNDS.—Not later than 180 days after the date of
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1 the enactment of this section, the Commission, in con-
2 sultation with the Assistant Secretary, shall promulgate
3 rules—
4 ‘‘(1) that implement the requirements of this
5 section, as appropriate;
6 ‘‘(2) that establish the design of and rules for
7 the national systems of competitive bidding;
8 ‘‘(3) that establish notice requirements for all
9 systems of competitive bidding authorized under this
10 section that, at a minimum, provide the public with
11 notice of—
12 ‘‘(A) the initial determination of which
13 areas are unserved areas, areas with low-tier
14 service, or areas with mid-tier service;
15 ‘‘(B) the final determination of which
16 areas are unserved areas, areas with low-tier
17 service, or areas with mid-tier service after the
18 process for challenging the initial determination
19 has concluded;
20 ‘‘(C) which entities have applied to bid for
21 funding; and
22 ‘‘(D) the results of any system of competi-
23 tive bidding, including identifying the funding
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24 recipients, which areas each project will serve,
25 the nature of the service that will be provided
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1 by the project in each of those areas, and how
2 much funding the funding recipients will receive
3 in each of those areas;
4 ‘‘(4) that establish broadband service buildout
5 milestones and periodic certification by funding re-
6 cipients to ensure that the broadband service build-
7 out milestones for all systems of competitive bidding
8 authorized under this section will be met;
9 ‘‘(5) that, except as provided in paragraphs (2)
10 and (3) of subsection (c), establish a maximum
11 buildout timeframe of three years beginning on the
12 date on which funding is provided under this section
13 for a project;
14 ‘‘(6) that establish periodic reporting require-
15 ments for funding recipients and that identify, at a
16 minimum, the nature of the service provided in each
17 area for any system of competitive bidding author-
18 ized under this section;
19 ‘‘(7) that establish standard penalties for the
20 noncompliance of funding recipients or projects with
21 the requirements as set forth under this section and
22 as may be further prescribed by the Commission for
23 any system of competitive bidding authorized under
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24 this section;
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1 ‘‘(8) that establish procedures for recovery of
2 funds, in whole or in part, from funding recipients
3 in the event of the default or noncompliance of the
4 funding recipient or project with the requirements
5 established under this section for any system of com-
6 petitive bidding authorized under this section; and
7 ‘‘(9) that establish mechanisms to reduce waste,
8 fraud, and abuse within the program for any system
9 of competitive bidding authorized under this section.
10 ‘‘(f) REPORTS REQUIRED.—
11 ‘‘(1) INSPECTOR GENERAL AND COMPTROLLER
12 GENERAL REPORT.—Not later than June 30 and
13 December 31 of each year following the awarding of
14 the first funds under the program, the Inspector
15 General of the Commission and the Comptroller
16 General of the United States shall submit to the
17 Committees on Energy and Commerce of the House
18 of Representatives and Commerce, Science, and
19 Transportation of the Senate a report for the pre-
20 vious 6 months that reviews the program. Such re-
21 port shall include any recommendations to address
22 waste, fraud, and abuse.
23 ‘‘(2) STATE REPORTS.—Any State that receives
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24 funds under the program shall submit an annual re-
25 port to the Commission on how such funds were
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1 spent, along with a certification of compliance with
2 the requirements as set forth under this section and
3 as may be further prescribed by the Commission, in-
4 cluding a description of each service provided and
5 the number of individuals to whom the service was
6 provided.
7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
8 is authorized to be appropriated to the Commission
9 $79,500,000,000 for fiscal year 2022 to carry out the pro-
10 gram, and such amount is authorized to remain available
11 through fiscal year 2026.
12 ‘‘(h) DEFINITIONS.—In this section:
13 ‘‘(1) AFFORDABLE OPTION.—The term ‘afford-
14 able option’ means, with respect to a broadband
15 service plan, that broadband service is provided
16 under such plan at a rate that is determined by the
17 Commission, in coordination with the Office of
18 Internet Connectivity and Growth, to be affordable
19 for a household with an income of 136 percent of
20 the poverty threshold, as determined by using cri-
21 teria of poverty established by the Bureau of the
22 Census, for a four-person household that includes
23 two dependents under the age of 18.
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24 ‘‘(2) ANCHOR INSTITUTION.—The term ‘anchor
25 institution’—
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1 ‘‘(A) means a public or private school, a li-
2 brary, a medical or healthcare provider, a mu-
3 seum, a public safety entity, a public housing
4 agency (as defined in section 3(b) of the United
5 States Housing Act of 1937 (42 U.S.C.
6 1437a(b))), a community college, an institution
7 of higher education, a religious organization, or
8 any other community support organization or
9 agency; and
10 ‘‘(B) includes any entity described in sub-
11 paragraph (A) that serves an Indian Tribe,
12 tribally designated entity, or Native Hawaiian
13 organization.
14 ‘‘(3) AREA.—The term ‘area’ means the geo-
15 graphic unit of measurement with the greatest level
16 of granularity reasonably feasible for the Commis-
17 sion to use in making eligibility determinations
18 under this section and in meeting the requirements
19 and deadlines of this section.
20 ‘‘(4) AREA WITH LOW-TIER SERVICE.—The
21 term ‘area with low-tier service’ means an area
22 where at least 90 percent of the population has ac-
23 cess to broadband service offered—
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1 ‘‘(A) with a download speed of at least 25
2 megabits per second but less than 100 megabits
3 per second;
4 ‘‘(B) with an upload speed of at least 25
5 megabits per second but less than 100 megabits
6 per second; and
7 ‘‘(C) with latency that is sufficiently low to
8 allow multiple, simultaneous, real-time, inter-
9 active applications.
10 ‘‘(5) AREA WITH MID-TIER SERVICE.—The term
11 ‘area with mid-tier service’ means an area where at
12 least 90 percent of the population has access to
13 broadband service offered—
14 ‘‘(A) with a download speed of at least 100
15 megabits per second but less than 1 gigabit per
16 second;
17 ‘‘(B) with an upload speed of at least 100
18 megabits per second but less than 1 gigabit per
19 second; and
20 ‘‘(C) with latency that is sufficiently low to
21 allow multiple, simultaneous, real-time, inter-
22 active applications.
23 ‘‘(6) ASSISTANT SECRETARY.—The term ‘As-
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24 sistant Secretary’ means the Assistant Secretary of
25 Commerce for Communications and Information.
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1 ‘‘(7) BROADBAND SERVICE.—The term
2 ‘broadband service’—
3 ‘‘(A) means broadband internet access
4 service that is a mass-market retail service, or
5 a service provided to an anchor institution, by
6 wire or radio that provides the capability to
7 transmit data to and receive data from all or
8 substantially all internet endpoints, including
9 any capabilities that are incidental to and en-
10 able the operation of the communications serv-
11 ice;
12 ‘‘(B) includes any service that is a func-
13 tional equivalent of the service described in sub-
14 paragraph (A); and
15 ‘‘(C) does not include dial-up internet ac-
16 cess service.
17 ‘‘(8) COLLECTIVE BARGAINING.—The term ‘col-
18 lective bargaining’ means performance of the mutual
19 obligation described in section 8(d) of the National
20 Labor Relations Act (29 U.S.C. 158(d)).
21 ‘‘(9) COLLECTIVE BARGAINING AGREEMENT.—
22 The term ‘collective bargaining agreement’ means an
23 agreement reached through collective bargaining.
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24 ‘‘(10) FUNDING RECIPIENT.—The term ‘fund-
25 ing recipient’ means an entity that receives funding
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1 for a project under this section, which may in-
2 clude—
3 ‘‘(A) a private entity, a public-private part-
4 nership, a cooperative, and a Tribal or munic-
5 ipal broadband service provider; and
6 ‘‘(B) a consortium between any of the enti-
7 ties described in subparagraph (A), including a
8 consortium that includes an investor-owned util-
9 ity.
10 ‘‘(11) HIGH-POVERTY AREA.—The term ‘high-
11 poverty area’ means a census tract with a poverty
12 rate of at least 20 percent, as measured by the most
13 recent 5-year data series available from the Amer-
14 ican Community Survey of the Bureau of the Census
15 as of the year before the date of the enactment of
16 this section. In the case of a territory or possession
17 of the United States in which no such data is col-
18 lected from the American Community Survey of the
19 Bureau of the Census as of the year before the date
20 of the enactment of this section, such term includes
21 a census tract with a poverty rate of at least 20 per-
22 cent, as measured by the most recent Island Areas
23 decennial census of the Bureau of the Census for
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24 which data is available as of the year before the date
25 of the enactment of this section.
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1 ‘‘(12) INDIAN TRIBE.—The term ‘Indian Tribe’
2 has the meaning given such term in section 4(e) of
3 the Indian Self-Determination and Education Assist-
4 ance Act (25 U.S.C. 5304(e)).
5 ‘‘(13) INSTITUTION OF HIGHER EDUCATION.—
6 The term ‘institution of higher education’—
7 ‘‘(A) has the meaning given the term in
8 section 101 of the Higher Education Act of
9 1965 (20 U.S.C. 1001); and
10 ‘‘(B) includes a postsecondary vocational
11 institution.
12 ‘‘(14) LABOR ORGANIZATION.—The term ‘labor
13 organization’ has the meaning given the term in sec-
14 tion 2 of the National Labor Relations Act (29
15 U.S.C. 152).
16 ‘‘(15) NATIVE HAWAIIAN ORGANIZATION.—The
17 term ‘Native Hawaiian organization’ means any or-
18 ganization—
19 ‘‘(A) that serves the interests of Native
20 Hawaiians;
21 ‘‘(B) in which Native Hawaiians serve in
22 substantive and policymaking positions;
23 ‘‘(C) that has as a primary and stated pur-
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24 pose the provision of services to Native Hawai-
25 ians; and
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1 ‘‘(D) that is recognized for having exper-
2 tise in Native Hawaiian affairs, digital
3 connectivity, or access to broadband service.
4 ‘‘(16) PERSISTENT POVERTY COUNTY.—The
5 term ‘persistent poverty county’ means any county
6 with a poverty rate of at least 20 percent, as deter-
7 mined in each of the 1990 and 2000 decennial cen-
8 suses and in the Small Area Income and Poverty Es-
9 timates of the Bureau of the Census for the most re-
10 cent year for which the Estimates are available. In
11 the case of a territory or possession of the United
12 States, such term includes any county equivalent
13 area in Puerto Rico with a poverty rate of at least
14 20 percent, as determined in each of the 1990 and
15 2000 decennial censuses and in the most recent 5-
16 year data series available from the American Com-
17 munity Survey of the Bureau of the Census as of
18 the year before the date of the enactment of this
19 section, or any other territory or possession of the
20 United States with a poverty rate of at least 20 per-
21 cent, as determined in each of the 1990 and 2000
22 Island Areas decennial censuses of the Bureau of the
23 Census and in the most recent Island Areas decen-
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24 nial census of the Bureau of the Census for which
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1 data is available as of the year before the date of the
2 enactment of this section.
3 ‘‘(17) POSTSECONDARY VOCATIONAL INSTITU-
4 TION.—The term ‘postsecondary vocational institu-
5 tion’ has the meaning given the term in section
6 102(c) of the Higher Education Act of 1965 (20
7 U.S.C. 1002(c)).
8 ‘‘(18) PROGRAM.—Unless otherwise indicated,
9 the term ‘program’ means the program established
10 under subsection (a).
11 ‘‘(19) PROJECT.—The term ‘project’ means an
12 undertaking by a funding recipient under this sec-
13 tion to construct and deploy infrastructure for the
14 provision of broadband service.
15 ‘‘(20) STATE.—The term ‘State’ has the mean-
16 ing given such term in section 3, except that such
17 term also includes the Republic of the Marshall Is-
18 lands, the Federated States of Micronesia, and the
19 Republic of Palau.
20 ‘‘(21) TRIBALLY DESIGNATED ENTITY.—The
21 term ‘tribally designated entity’ means an entity des-
22 ignated by an Indian Tribe for purposes of para-
23 graph (2)(B).
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24 ‘‘(22) UNSERVED ANCHOR INSTITUTION.—The
25 term ‘unserved anchor institution’ means an anchor
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1 institution that has no access to broadband service
2 or does not have access to broadband service of-
3 fered—
4 ‘‘(A) with a download speed of at least 1
5 gigabit per second per 1,000 users;
6 ‘‘(B) with an upload speed of at least 1
7 gigabit per second per 1,000 users; and
8 ‘‘(C) with latency that is sufficiently low to
9 allow multiple, simultaneous, real-time, inter-
10 active applications.
11 ‘‘(23) UNSERVED AREA.—The term ‘unserved
12 area’ means an area where—
13 ‘‘(A) the Commission reasonably believes
14 there are potential subscribers of broadband
15 service; and
16 ‘‘(B) at least 90 percent of the population
17 has no access to broadband service or does not
18 have access to broadband service offered—
19 ‘‘(i) with a download speed of at least
20 25 megabits per second;
21 ‘‘(ii) with an upload speed of at least
22 25 megabits per second; and
23 ‘‘(iii) with latency that is sufficiently
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24 low to allow multiple, simultaneous, real-
25 time, interactive applications.’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS FOR TRIB-
2 AL BROADBAND CONNECTIVITY PROGRAM.—
3 (1) IN GENERAL.—Section 905(c) of division N
4 of the Consolidated Appropriations Act, 2021 (Pub-
5 lic Law 116–260) is amended by adding at the end
6 the following:
7 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—
8 There is authorized to be appropriated to the Assist-
9 ant Secretary $500,000,000 for fiscal year 2022 to
10 carry out the grant program under this subsection,
11 and such amount is authorized to remain available
12 through fiscal year 2026.’’.
13 (2) CONFORMING AMENDMENTS.—Section 905
14 of division N of the Consolidated Appropriations
15 Act, 2021 (Public Law 116–260) is amended—
16 (A) in subsection (c), by inserting ‘‘or
17 paragraph (9) of this subsection’’ after ‘‘sub-
18 section (b)(1)’’ each place it appears; and
19 (B) in subsection (e)—
20 (i) in paragraph (1)—
21 (I) in the matter preceding sub-
22 paragraph (A), by inserting after
23 ‘‘this Act’’ the following: ‘‘(and, in the
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24 case of the grant program under sub-
25 section (c), not earlier than 30 days,
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1 and not later than 60 days, after the
2 date of enactment of any other law
3 making available amounts to carry out
4 such program)’’; and
5 (II) in subparagraph (A), by in-
6 serting after ‘‘eligible entities and cov-
7 ered partnerships’’ the following: ‘‘(or,
8 in the case of a notice issued by rea-
9 son of the enactment of a law, other
10 than this Act, making available
11 amounts to carry out the grant pro-
12 gram under subsection (c), eligible en-
13 tities)’’; and
14 (ii) in paragraph (2)(A), by inserting
15 after ‘‘an eligible entity or covered partner-
16 ship’’ the following: ‘‘(or, in the case of a
17 notice issued by reason of the enactment of
18 a law, other than this Act, making avail-
19 able amounts to carry out the grant pro-
20 gram under subsection (c), an eligible enti-
21 ty)’’.
22 SEC. 13102. TRIBAL INTERNET EXPANSION.
23 Section 254(b)(3) of the Communications Act of
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24 1934 (47 U.S.C. 254(b)(3)) is amended by inserting ‘‘and
25 in Indian country (as defined in section 1151 of title 18,
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1 United States Code) and areas with high populations of
2 Indian (as defined in section 19 of the Act of June 18,
3 1934 (Chapter 576; 48 Stat. 988; 25 U.S.C. 5129)) peo-
4 ple’’ after ‘‘high cost areas’’.
5 PART 2—BROADBAND INFRASTRUCTURE
6 FINANCE AND INNOVATION
7 SEC. 13201. SHORT TITLE.
8 This part may be cited as the ‘‘Broadband Infra-
9 structure Finance and Innovation Act of 2021’’.
10 SEC. 13202. DEFINITIONS.
11 In this part:
12 (1) BIFIA PROGRAM.—The term ‘‘BIFIA pro-
13 gram’’ means the broadband infrastructure finance
14 and innovation program established under this part.
15 (2) BROADBAND SERVICE.—The term ‘‘broad-
16 band service’’—
17 (A) means broadband internet access serv-
18 ice that is a mass-market retail service, or a
19 service provided to an entity described in para-
20 graph (11)(B)(ii), by wire or radio that pro-
21 vides the capability to transmit data to and re-
22 ceive data from all or substantially all internet
23 endpoints, including any capabilities that are
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24 incidental to and enable the operation of the
25 communications service;
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1 (B) includes any service that is a func-
2 tional equivalent of the service described in sub-
3 paragraph (A); and
4 (C) does not include dial-up internet access
5 service.
6 (3) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
7 gible project costs’’ means amounts substantially all
8 of which are paid by, or for the account of, an obli-
9 gor in connection with a project, including the cost
10 of—
11 (A) development phase activities, including
12 planning, feasibility analysis, revenue fore-
13 casting, environmental review, historic preserva-
14 tion review, permitting, preliminary engineering
15 and design work, and other preconstruction ac-
16 tivities;
17 (B) construction and deployment phase ac-
18 tivities, including—
19 (i) construction, reconstruction, reha-
20 bilitation, replacement, and acquisition of
21 real property (including land relating to
22 the project and improvements to land),
23 equipment, instrumentation, networking
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24 capability, hardware and software, and dig-
25 ital network technology;
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1 (ii) environmental mitigation; and
2 (iii) construction contingencies; and
3 (C) capitalized interest necessary to meet
4 market requirements, reasonably required re-
5 serve funds, capital issuance expenses, and
6 other carrying costs during construction and
7 deployment.
8 (4) FEDERAL CREDIT INSTRUMENT.—The term
9 ‘‘Federal credit instrument’’ means a secured loan,
10 loan guarantee, or line of credit authorized to be
11 made available under the BIFIA program with re-
12 spect to a project.
13 (5) INVESTMENT-GRADE RATING.—The term
14 ‘‘investment-grade rating’’ means a rating of BBB
15 minus, Baa3, bbb minus, BBB (low), or higher as-
16 signed by a rating agency to project obligations.
17 (6) LENDER.—The term ‘‘lender’’ means any
18 non-Federal qualified institutional buyer (as defined
19 in section 230.144A(a) of title 17, Code of Federal
20 Regulations (or any successor regulation), known as
21 Rule 144A(a) of the Securities and Exchange Com-
22 mission and issued under the Securities Act of 1933
23 (15 U.S.C. 77a et seq.)), including—
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24 (A) a qualified retirement plan (as defined
25 in section 4974(c) of the Internal Revenue Code
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1 of 1986) that is a qualified institutional buyer;
2 and
3 (B) a governmental plan (as defined in
4 section 414(d) of the Internal Revenue Code of
5 1986) that is a qualified institutional buyer.
6 (7) LETTER OF INTEREST.—The term ‘‘letter
7 of interest’’ means a letter submitted by a potential
8 applicant prior to an application for credit assistance
9 in a format prescribed by the Assistant Secretary on
10 the website of the BIFIA program that—
11 (A) describes the project and the location,
12 purpose, and cost of the project;
13 (B) outlines the proposed financial plan,
14 including the requested credit assistance and
15 the proposed obligor;
16 (C) provides a status of environmental re-
17 view; and
18 (D) provides information regarding satis-
19 faction of other eligibility requirements of the
20 BIFIA program.
21 (8) LINE OF CREDIT.—The term ‘‘line of cred-
22 it’’ means an agreement entered into by the Assist-
23 ant Secretary with an obligor under section 13205
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24 to provide a direct loan at a future date upon the
25 occurrence of certain events.
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1 (9) LOAN GUARANTEE.—The term ‘‘loan guar-
2 antee’’ means any guarantee or other pledge by the
3 Assistant Secretary to pay all or part of the prin-
4 cipal of and interest on a loan or other debt obliga-
5 tion issued by an obligor and funded by a lender.
6 (10) OBLIGOR.—The term ‘‘obligor’’ means a
7 party that—
8 (A) is primarily liable for payment of the
9 principal of or interest on a Federal credit in-
10 strument; and
11 (B) may be a corporation, company, part-
12 nership, joint venture, trust, or governmental
13 entity, agency, or instrumentality.
14 (11) PROJECT.—The term ‘‘project’’ means a
15 project—
16 (A) to construct and deploy infrastructure
17 for the provision of broadband service; and
18 (B) that the Assistant Secretary deter-
19 mines will—
20 (i) provide access or improved access
21 to broadband service to consumers residing
22 in areas of the United States that have no
23 access to broadband service or do not have
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24 access to broadband service offered—
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1 (I) with a download speed of at
2 least 100 megabits per second;
3 (II) with an upload speed of at
4 least 100 megabits per second; and
5 (III) with latency that is suffi-
6 ciently low to allow multiple, simulta-
7 neous, real-time, interactive applica-
8 tions; or
9 (ii) provide access or improved access
10 to broadband service to—
11 (I) schools, libraries, medical and
12 healthcare providers, community col-
13 leges and other institutions of higher
14 education, museums, religious organi-
15 zations, and other community support
16 organizations and entities to facilitate
17 greater use of broadband service by or
18 through such organizations;
19 (II) organizations and agencies
20 that provide outreach, access, equip-
21 ment, and support services to facili-
22 tate greater use of broadband service
23 by low-income, unemployed, aged, and
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24 otherwise vulnerable populations;
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1 (III) job-creating strategic facili-
2 ties located within a State-designated
3 economic zone, Economic Develop-
4 ment District designated by the De-
5 partment of Commerce, Empower-
6 ment Zone designated by the Depart-
7 ment of Housing and Urban Develop-
8 ment, or Enterprise Community des-
9 ignated by the Department of Agri-
10 culture; or
11 (IV) public safety agencies.
12 (12) PROJECT OBLIGATION.—The term
13 ‘‘project obligation’’ means any note, bond, deben-
14 ture, or other debt obligation issued by an obligor in
15 connection with the financing of a project, other
16 than a Federal credit instrument.
17 (13) PUBLIC AUTHORITY.—The term ‘‘public
18 authority’’ means a Federal, State, county, town or
19 township, Indian Tribe, municipal, or other local
20 government or instrumentality with authority to fi-
21 nance, build, operate, or maintain infrastructure for
22 the provision of broadband service.
23 (14) RATING AGENCY.—The term ‘‘rating agen-
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24 cy’’ means a credit rating agency registered with the
25 Securities and Exchange Commission as a nationally
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1 recognized statistical rating organization (as defined
2 in section 3(a) of the Securities Exchange Act of
3 1934 (15 U.S.C. 78c(a))).
4 (15) SECURED LOAN.—The term ‘‘secured
5 loan’’ means a direct loan or other debt obligation
6 issued by an obligor and funded by the Assistant
7 Secretary in connection with the financing of a
8 project under section 13204.
9 (16) SMALL PROJECT.—The term ‘‘small
10 project’’ means a project having eligible project costs
11 that are reasonably anticipated not to equal or ex-
12 ceed $20,000,000.
13 (17) SUBSIDY AMOUNT.—The term ‘‘subsidy
14 amount’’ means the amount of budget authority suf-
15 ficient to cover the estimated long-term cost to the
16 Federal Government of a Federal credit instru-
17 ment—
18 (A) calculated on a net present value basis;
19 and
20 (B) excluding administrative costs and any
21 incidental effects on governmental receipts or
22 outlays in accordance with the Federal Credit
23 Reform Act of 1990 (2 U.S.C. 661 et seq.).
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24 (18) SUBSTANTIAL COMPLETION.—The term
25 ‘‘substantial completion’’ means, with respect to a
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1 project receiving credit assistance under the BIFIA
2 program—
3 (A) the commencement of the provision of
4 broadband service using the infrastructure
5 being financed; or
6 (B) a comparable event, as determined by
7 the Assistant Secretary and specified in the
8 credit agreement.
9 SEC. 13203. DETERMINATION OF ELIGIBILITY AND
10 PROJECT SELECTION.
11 (a) ELIGIBILITY.—
12 (1) IN GENERAL.—A project shall be eligible to
13 receive credit assistance under the BIFIA program
14 if—
15 (A) the entity proposing to carry out the
16 project submits a letter of interest prior to sub-
17 mission of a formal application for the project;
18 and
19 (B) the project meets the criteria described
20 in this subsection.
21 (2) CREDITWORTHINESS.—
22 (A) IN GENERAL.—Except as provided in
23 subparagraph (B), to be eligible for assistance
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24 under the BIFIA program, a project shall sat-
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1 isfy applicable creditworthiness standards,
2 which, at a minimum, shall include—
3 (i) adequate coverage requirements to
4 ensure repayment;
5 (ii) an investment-grade rating from
6 at least two rating agencies on debt senior
7 to the Federal credit instrument; and
8 (iii) a rating from at least two rating
9 agencies on the Federal credit instrument.
10 (B) SMALL PROJECTS.—In order for a
11 small project to be eligible for assistance under
12 the BIFIA program, such project shall satisfy
13 alternative creditworthiness standards that shall
14 be established by the Assistant Secretary under
15 section 13206 for purposes of this paragraph.
16 (3) APPLICATION.—A State, local government,
17 agency or instrumentality of a State or local govern-
18 ment, public authority, public-private partnership, or
19 any other legal entity undertaking the project and
20 authorized by the Assistant Secretary shall submit a
21 project application that is acceptable to the Assist-
22 ant Secretary.
23 (4) ELIGIBLE PROJECT COST PARAMETERS FOR
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24 INFRASTRUCTURE PROJECTS.—Eligible project costs
25 shall be reasonably anticipated to equal or exceed
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1 $2,000,000 in the case of a project or program of
2 projects—
3 (A) in which the applicant is a local gov-
4 ernment, instrumentality of local government,
5 or public authority (other than a public author-
6 ity that is a Federal or State government or in-
7 strumentality);
8 (B) located on a facility owned by a local
9 government; or
10 (C) for which the Assistant Secretary de-
11 termines that a local government is substan-
12 tially involved in the development of the project.
13 (5) DEDICATED REVENUE SOURCES.—The ap-
14 plicable Federal credit instrument shall be repayable,
15 in whole or in part, from—
16 (A) amounts charged to—
17 (i) subscribers of broadband service
18 for such service; or
19 (ii) subscribers of any related service
20 provided over the same infrastructure for
21 such related service;
22 (B) user fees;
23 (C) payments owing to the obligor under a
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24 public-private partnership; or
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1 (D) other dedicated revenue sources that
2 also secure or fund the project obligations.
3 (6) APPLICATIONS WHERE OBLIGOR WILL BE
4 IDENTIFIED LATER.—A State, local government,
5 agency or instrumentality of a State or local govern-
6 ment, or public authority may submit to the Assist-
7 ant Secretary an application under paragraph (3),
8 under which a private party to a public-private part-
9 nership will be—
10 (A) the obligor; and
11 (B) identified later through completion of
12 a procurement and selection of the private
13 party.
14 (7) BENEFICIAL EFFECTS.—The Assistant Sec-
15 retary shall determine that financial assistance for
16 the project under the BIFIA program will—
17 (A) foster, if appropriate, partnerships
18 that attract public and private investment for
19 the project;
20 (B) enable the project to proceed at an
21 earlier date than the project would otherwise be
22 able to proceed or reduce the lifecycle costs (in-
23 cluding debt service costs) of the project; and
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24 (C) reduce the contribution of Federal
25 grant assistance for the project.
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1 (8) PROJECT READINESS.—To be eligible for
2 assistance under the BIFIA program, the applicant
3 shall demonstrate a reasonable expectation that the
4 contracting process for the construction and deploy-
5 ment of infrastructure for the provision of
6 broadband service through the project can commence
7 by no later than 90 days after the date on which a
8 Federal credit instrument is obligated for the project
9 under the BIFIA program.
10 (9) PUBLIC SPONSORSHIP OF PRIVATE ENTI-
11 TIES.—
12 (A) IN GENERAL.—If an eligible project is
13 carried out by an entity that is not a State or
14 local government or an agency or instrumen-
15 tality of a State or local government or a Tribal
16 Government or consortium of Tribal Govern-
17 ments, the project shall be publicly sponsored.
18 (B) PUBLIC SPONSORSHIP.—For purposes
19 of this part, a project shall be considered to be
20 publicly sponsored if the obligor can dem-
21 onstrate, to the satisfaction of the Assistant
22 Secretary, that the project applicant has con-
23 sulted with the State, local, or Tribal govern-
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24 ment in the area in which the project is located,
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1 or that is otherwise affected by the project, and
2 that such government supports the proposal.
3 (b) SELECTION AMONG ELIGIBLE PROJECTS.—
4 (1) ESTABLISHMENT OF APPLICATION PROC-
5 ESS.—The Assistant Secretary shall establish a roll-
6 ing application process under which projects that are
7 eligible to receive credit assistance under subsection
8 (a) shall receive credit assistance on terms accept-
9 able to the Assistant Secretary, if adequate funds
10 are available to cover the subsidy costs associated
11 with the Federal credit instrument.
12 (2) PRELIMINARY RATING OPINION LETTER.—
13 The Assistant Secretary shall require each project
14 applicant to provide—
15 (A) a preliminary rating opinion letter
16 from at least one rating agency—
17 (i) indicating that the senior obliga-
18 tions of the project, which may be the Fed-
19 eral credit instrument, have the potential
20 to achieve an investment-grade rating; and
21 (ii) including a preliminary rating
22 opinion on the Federal credit instrument;
23 or
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24 (B) in the case of a small project, alter-
25 native documentation that the Assistant Sec-
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1 retary shall require in the standards established
2 under section 13206 for purposes of this para-
3 graph.
4 (3) TECHNOLOGY NEUTRALITY REQUIRED.—In
5 selecting projects to receive credit assistance under
6 the BIFIA program, the Assistant Secretary may
7 not favor a project using any particular technology.
8 (4) PREFERENCE FOR OPEN-ACCESS NET-
9 WORKS.—In selecting projects to receive credit as-
10 sistance under the BIFIA program, the Assistant
11 Secretary shall give preference to projects providing
12 for the deployment of open-access broadband service
13 networks.
14 (c) FEDERAL REQUIREMENTS.—
15 (1) IN GENERAL.—The following provisions of
16 law shall apply to funds made available under the
17 BIFIA program and projects assisted with those
18 funds:
19 (A) Title VI of the Civil Rights Act of
20 1964 (42 U.S.C. 2000d et seq.).
21 (B) The National Environmental Policy
22 Act of 1969 (42 U.S.C. 4321 et seq.).
23 (C) 54 U.S.C. 300101 et seq. (commonly
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24 referred to as the ‘‘National Historic Preserva-
25 tion Act’’).
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1 (D) The Uniform Relocation Assistance
2 and Real Property Acquisition Policies Act of
3 1970 (42 U.S.C. 4601 et seq.).
4 (2) NEPA.—No funding shall be obligated for
5 a project that has not received an environmental cat-
6 egorical exclusion, a finding of no significant impact,
7 or a record of decision under the National Environ-
8 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
9 (3) TITLE VI OF THE CIVIL RIGHTS ACT OF
10 1964.—For purposes of title VI of the Civil Rights
11 Act of 1964 (42 U.S.C. 2000d et seq.), any project
12 that receives credit assistance under the BIFIA pro-
13 gram shall be considered a program or activity with-
14 in the meaning of section 606 of such title (42
15 U.S.C. 2000d–4a).
16 (4) CONTRACTING REQUIREMENTS.—All labor-
17 ers and mechanics employed by contractors or sub-
18 contractors in the performance of construction, al-
19 teration, or repair work carried out, in whole or in
20 part, with assistance made available through a Fed-
21 eral credit instrument shall be paid wages at rates
22 not less than those prevailing on projects of a simi-
23 lar character in the locality as determined by the
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24 Secretary of Labor in accordance with subchapter
25 IV of chapter 31 of title 40, United States Code.
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1 With respect to the labor standards in this para-
2 graph, the Secretary of Labor shall have the author-
3 ity and functions set forth in Reorganization Plan
4 Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C.
5 App.) and section 3145 of title 40, United States
6 Code.
7 (5) NEUTRALITY REQUIREMENT.—An employer
8 receiving assistance made available through a Fed-
9 eral credit instrument under this part shall remain
10 neutral with respect to the exercise of employees and
11 labor organizations of the right to organize and bar-
12 gain under the National Labor Relations Act (29
13 U.S.C. 151 et seq.).
14 (6) REFERRAL OF ALLEGED VIOLATIONS OF AP-
15 PLICABLE FEDERAL LABOR AND EMPLOYMENT
16 LAWS.—The Assistant Secretary shall refer any al-
17 leged violation of an applicable labor and employ-
18 ment law to the appropriate Federal agency for in-
19 vestigation and enforcement, and any alleged viola-
20 tion of paragraph (4) or (5) to the National Labor
21 Relations Board for investigation and enforcement,
22 utilizing all appropriate remedies up to and includ-
23 ing debarment from the BIFIA program.
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24 (d) APPLICATION PROCESSING PROCEDURES.—
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1 (1) NOTICE OF COMPLETE APPLICATION.—Not
2 later than 30 days after the date of receipt of an ap-
3 plication under this section, the Assistant Secretary
4 shall provide to the applicant a written notice to in-
5 form the applicant whether—
6 (A) the application is complete; or
7 (B) additional information or materials are
8 needed to complete the application.
9 (2) APPROVAL OR DENIAL OF APPLICATION.—
10 Not later than 60 days after the date of issuance of
11 the written notice under paragraph (1), the Assist-
12 ant Secretary shall provide to the applicant a writ-
13 ten notice informing the applicant whether the As-
14 sistant Secretary has approved or disapproved the
15 application.
16 (3) APPROVAL BEFORE NEPA REVIEW.—Subject
17 to subsection (c)(2), an application for a project may
18 be approved before the project receives an environ-
19 mental categorical exclusion, a finding of no signifi-
20 cant impact, or a record of decision under the Na-
21 tional Environmental Policy Act of 1969 (42 U.S.C.
22 4321 et seq.).
23 (e) DEVELOPMENT PHASE ACTIVITIES.—Any credit
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24 instrument secured under the BIFIA program may be
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1 used to finance up to 100 percent of the cost of develop-
2 ment phase activities as described in section 13202(3)(A).
3 SEC. 13204. SECURED LOANS.
4 (a) IN GENERAL.—
5 (1) AGREEMENTS.—Subject to paragraphs (2)
6 and (3), the Assistant Secretary may enter into
7 agreements with one or more obligors to make se-
8 cured loans, the proceeds of which shall be used—
9 (A) to finance eligible project costs of any
10 project selected under section 13203;
11 (B) to refinance interim construction fi-
12 nancing of eligible project costs of any project
13 selected under section 13203; or
14 (C) to refinance long-term project obliga-
15 tions or Federal credit instruments, if the refi-
16 nancing provides additional funding capacity for
17 the completion, enhancement, or expansion of
18 any project that—
19 (i) is selected under section 13203; or
20 (ii) otherwise meets the requirements
21 of section 13203.
22 (2) LIMITATION ON REFINANCING OF INTERIM
23 CONSTRUCTION FINANCING.—A loan under para-
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24 graph (1) shall not refinance interim construction fi-
25 nancing under paragraph (1)(B)—
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1 (A) if the maturity of such interim con-
2 struction financing is later than 1 year after
3 the substantial completion of the project; and
4 (B) later than 1 year after the date of sub-
5 stantial completion of the project.
6 (3) RISK ASSESSMENT.—Before entering into
7 an agreement under this subsection, the Assistant
8 Secretary, in consultation with the Director of the
9 Office of Management and Budget, shall determine
10 an appropriate capital reserve subsidy amount for
11 each secured loan, taking into account each rating
12 letter provided by a rating agency under section
13 13203(b)(2)(A)(ii) or, in the case of a small project,
14 the alternative documentation provided under section
15 13203(b)(2)(B).
16 (b) TERMS AND LIMITATIONS.—
17 (1) IN GENERAL.—A secured loan under this
18 section with respect to a project shall be on such
19 terms and conditions and contain such covenants,
20 representations, warranties, and requirements (in-
21 cluding requirements for audits) as the Assistant
22 Secretary determines to be appropriate.
23 (2) MAXIMUM AMOUNT.—The amount of a se-
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24 cured loan under this section shall not exceed the
25 lesser of 49 percent of the reasonably anticipated eli-
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1 gible project costs or, if the secured loan is not for
2 a small project and does not receive an investment-
3 grade rating, the amount of the senior project obli-
4 gations.
5 (3) PAYMENT.—A secured loan under this sec-
6 tion—
7 (A) shall—
8 (i) be payable, in whole or in part,
9 from—
10 (I) amounts charged to—
11 (aa) subscribers of broad-
12 band service for such service; or
13 (bb) subscribers of any re-
14 lated service provided over the
15 same infrastructure for such re-
16 lated service;
17 (II) user fees;
18 (III) payments owing to the obli-
19 gor under a public-private partner-
20 ship; or
21 (IV) other dedicated revenue
22 sources that also secure the senior
23 project obligations; and
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1 (ii) include a coverage requirement or
2 similar security feature supporting the
3 project obligations; and
4 (B) may have a lien on revenues described
5 in subparagraph (A), subject to any lien secur-
6 ing project obligations.
7 (4) INTEREST RATE.—The interest rate on a
8 secured loan under this section shall be not less than
9 the yield on United States Treasury securities of a
10 similar maturity to the maturity of the secured loan
11 on the date of execution of the loan agreement.
12 (5) MATURITY DATE.—The final maturity date
13 of the secured loan shall be the lesser of—
14 (A) 35 years after the date of substantial
15 completion of the project; and
16 (B) if the useful life of the infrastructure
17 for the provision of broadband service being fi-
18 nanced is of a lesser period, the useful life of
19 the infrastructure.
20 (6) NONSUBORDINATION.—
21 (A) IN GENERAL.—Except as provided in
22 subparagraph (B), the secured loan shall not be
23 subordinated to the claims of any holder of
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24 project obligations in the event of bankruptcy,
25 insolvency, or liquidation of the obligor.
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1 (B) PREEXISTING INDENTURE.—
2 (i) IN GENERAL.—The Assistant Sec-
3 retary shall waive the requirement under
4 subparagraph (A) for a public agency bor-
5 rower that is financing ongoing capital
6 programs and has outstanding senior
7 bonds under a preexisting indenture, if—
8 (I) the secured loan—
9 (aa) is rated in the A cat-
10 egory or higher; or
11 (bb) in the case of a small
12 project, meets an alternative
13 standard that the Assistant Sec-
14 retary shall establish under sec-
15 tion 13206 for purposes of this
16 subclause;
17 (II) the secured loan is secured
18 and payable from pledged revenues
19 not affected by project performance,
20 such as a tax-backed revenue pledge
21 or a system-backed pledge of project
22 revenues; and
23 (III) the BIFIA program share
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24 of eligible project costs is 33 percent
25 or less.
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1 (ii) LIMITATION.—If the Assistant
2 Secretary waives the nonsubordination re-
3 quirement under this subparagraph—
4 (I) the maximum credit subsidy
5 to be paid by the Federal Government
6 shall be not more than 10 percent of
7 the principal amount of the secured
8 loan; and
9 (II) the obligor shall be respon-
10 sible for paying the remainder of the
11 subsidy cost, if any.
12 (7) FEES.—The Assistant Secretary may estab-
13 lish fees at a level sufficient to cover all or a portion
14 of the costs to the Federal Government of making
15 a secured loan under this section.
16 (8) NON-FEDERAL SHARE.—The proceeds of a
17 secured loan under the BIFIA program, if the loan
18 is repayable from non-Federal funds—
19 (A) may be used for any non-Federal share
20 of project costs required under this part; and
21 (B) shall not count toward the total Fed-
22 eral assistance provided for a project for pur-
23 poses of paragraph (9).
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24 (9) MAXIMUM FEDERAL INVOLVEMENT.—The
25 total Federal assistance provided for a project re-
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1 ceiving a loan under the BIFIA program shall not
2 exceed 80 percent of the total project cost.
3 (c) REPAYMENT.—
4 (1) SCHEDULE.—The Assistant Secretary shall
5 establish a repayment schedule for each secured loan
6 under this section based on—
7 (A) the projected cash flow from project
8 revenues and other repayment sources; and
9 (B) the useful life of the infrastructure for
10 the provision of broadband service being fi-
11 nanced.
12 (2) COMMENCEMENT.—Scheduled loan repay-
13 ments of principal or interest on a secured loan
14 under this section shall commence not later than 5
15 years after the date of substantial completion of the
16 project.
17 (3) DEFERRED PAYMENTS.—
18 (A) IN GENERAL.—If, at any time after
19 the date of substantial completion of the
20 project, the project is unable to generate suffi-
21 cient revenues to pay the scheduled loan repay-
22 ments of principal and interest on the secured
23 loan, the Assistant Secretary may, subject to
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24 subparagraph (C), allow the obligor to add un-
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1 paid principal and interest to the outstanding
2 balance of the secured loan.
3 (B) INTEREST.—Any payment deferred
4 under subparagraph (A) shall—
5 (i) continue to accrue interest in ac-
6 cordance with subsection (b)(4) until fully
7 repaid; and
8 (ii) be scheduled to be amortized over
9 the remaining term of the loan.
10 (C) CRITERIA.—
11 (i) IN GENERAL.—Any payment defer-
12 ral under subparagraph (A) shall be con-
13 tingent on the project meeting criteria es-
14 tablished by the Assistant Secretary.
15 (ii) REPAYMENT STANDARDS.—The
16 criteria established pursuant to clause (i)
17 shall include standards for reasonable as-
18 surance of repayment.
19 (4) PREPAYMENT.—
20 (A) USE OF EXCESS REVENUES.—Any ex-
21 cess revenues that remain after satisfying
22 scheduled debt service requirements on the
23 project obligations and secured loan and all de-
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24 posit requirements under the terms of any trust
25 agreement, bond resolution, or similar agree-
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1 ment securing project obligations may be ap-
2 plied annually to prepay the secured loan with-
3 out penalty.
4 (B) USE OF PROCEEDS OF REFI-
5 NANCING.—The secured loan may be prepaid at
6 any time without penalty from the proceeds of
7 refinancing from non-Federal funding sources.
8 (d) SALE OF SECURED LOANS.—
9 (1) IN GENERAL.—Subject to paragraph (2), as
10 soon as practicable after substantial completion of a
11 project and after notifying the obligor, the Assistant
12 Secretary may sell to another entity or reoffer into
13 the capital markets a secured loan for the project if
14 the Assistant Secretary determines that the sale or
15 reoffering can be made on favorable terms.
16 (2) CONSENT OF OBLIGOR.—In making a sale
17 or reoffering under paragraph (1), the Assistant
18 Secretary may not change the original terms and
19 conditions of the secured loan without the written
20 consent of the obligor.
21 (e) LOAN GUARANTEES.—
22 (1) IN GENERAL.—The Assistant Secretary
23 may provide a loan guarantee to a lender in lieu of
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24 making a secured loan under this section if the As-
25 sistant Secretary determines that the budgetary cost
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1 of the loan guarantee is substantially the same as
2 that of a secured loan.
3 (2) TERMS.—The terms of a loan guarantee
4 under paragraph (1) shall be consistent with the
5 terms required under this section for a secured loan,
6 except that the rate on the guaranteed loan and any
7 prepayment features shall be negotiated between the
8 obligor and the lender, with the consent of the As-
9 sistant Secretary.
10 (f) STREAMLINED APPLICATION PROCESS.—
11 (1) IN GENERAL.—The Assistant Secretary
12 shall develop one or more expedited application proc-
13 esses, available at the request of entities seeking se-
14 cured loans under the BIFIA program, that use a
15 set or sets of conventional terms established pursu-
16 ant to this section.
17 (2) TERMS.—In establishing the streamlined
18 application process required by this subsection, the
19 Assistant Secretary may allow for an expedited ap-
20 plication period and include terms such as those that
21 require—
22 (A) that the project be a small project;
23 (B) the secured loan to be secured and
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24 payable from pledged revenues not affected by
25 project performance, such as a tax-backed rev-
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1 enue pledge, tax increment financing, or a sys-
2 tem-backed pledge of project revenues; and
3 (C) repayment of the loan to commence
4 not later than 5 years after disbursement.
5 SEC. 13205. LINES OF CREDIT.
6 (a) IN GENERAL.—
7 (1) AGREEMENTS.—Subject to paragraphs (2)
8 through (4), the Assistant Secretary may enter into
9 agreements to make available to one or more obli-
10 gors lines of credit in the form of direct loans to be
11 made by the Assistant Secretary at future dates on
12 the occurrence of certain events for any project se-
13 lected under section 13203.
14 (2) USE OF PROCEEDS.—The proceeds of a line
15 of credit made available under this section shall be
16 available to pay debt service on project obligations
17 issued to finance eligible project costs, extraordinary
18 repair and replacement costs, operation and mainte-
19 nance expenses, and costs associated with unex-
20 pected Federal or State environmental restrictions.
21 (3) RISK ASSESSMENT.—
22 (A) IN GENERAL.—Except as provided in
23 subparagraph (B), before entering into an
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24 agreement under this subsection, the Assistant
25 Secretary, in consultation with the Director of
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1 the Office of Management and Budget and each
2 rating agency providing a preliminary rating
3 opinion letter under section 13203(b)(2)(A),
4 shall determine an appropriate capital reserve
5 subsidy amount for each line of credit, taking
6 into account the rating opinion letter.
7 (B) SMALL PROJECTS.—Before entering
8 into an agreement under this subsection to
9 make available a line of credit for a small
10 project, the Assistant Secretary, in consultation
11 with the Director of the Office of Management
12 and Budget, shall determine an appropriate
13 capital reserve subsidy amount for each such
14 line of credit, taking into account the alter-
15 native documentation provided under section
16 13203(b)(2)(B) instead of preliminary rating
17 opinion letters provided under section
18 13203(b)(2)(A).
19 (4) INVESTMENT-GRADE RATING REQUIRE-
20 MENT.—The funding of a line of credit under this
21 section shall be contingent on—
22 (A) the senior obligations of the project re-
23 ceiving an investment-grade rating from 2 rat-
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24 ing agencies; or
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1 (B) in the case of a small project, the
2 project meeting an alternative standard that the
3 Assistant Secretary shall establish under section
4 13206 for purposes of this paragraph.
5 (b) TERMS AND LIMITATIONS.—
6 (1) IN GENERAL.—A line of credit under this
7 section with respect to a project shall be on such
8 terms and conditions and contain such covenants,
9 representations, warranties, and requirements (in-
10 cluding requirements for audits) as the Assistant
11 Secretary determines to be appropriate.
12 (2) MAXIMUM AMOUNTS.—The total amount of
13 a line of credit under this section shall not exceed
14 33 percent of the reasonably anticipated eligible
15 project costs.
16 (3) DRAWS.—Any draw on a line of credit
17 under this section shall—
18 (A) represent a direct loan; and
19 (B) be made only if net revenues from the
20 project (including capitalized interest, but not
21 including reasonably required financing re-
22 serves) are insufficient to pay the costs speci-
23 fied in subsection (a)(2).
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24 (4) INTEREST RATE.—The interest rate on a
25 direct loan resulting from a draw on the line of cred-
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1 it shall be not less than the yield on 30-year United
2 States Treasury securities, as of the date of execu-
3 tion of the line of credit agreement.
4 (5) SECURITY.—A line of credit issued under
5 this section—
6 (A) shall—
7 (i) be payable, in whole or in part,
8 from—
9 (I) amounts charged to—
10 (aa) subscribers of broad-
11 band service for such service; or
12 (bb) subscribers of any re-
13 lated service provided over the
14 same infrastructure for such re-
15 lated service;
16 (II) user fees;
17 (III) payments owing to the obli-
18 gor under a public-private partner-
19 ship; or
20 (IV) other dedicated revenue
21 sources that also secure the senior
22 project obligations; and
23 (ii) include a coverage requirement or
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24 similar security feature supporting the
25 project obligations; and
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1 (B) may have a lien on revenues described
2 in subparagraph (A), subject to any lien secur-
3 ing project obligations.
4 (6) PERIOD OF AVAILABILITY.—The full
5 amount of a line of credit under this section, to the
6 extent not drawn upon, shall be available during the
7 10-year period beginning on the date of substantial
8 completion of the project.
9 (7) RIGHTS OF THIRD-PARTY CREDITORS.—
10 (A) AGAINST FEDERAL GOVERNMENT.—A
11 third-party creditor of the obligor shall not have
12 any right against the Federal Government with
13 respect to any draw on a line of credit under
14 this section.
15 (B) ASSIGNMENT.—An obligor may assign
16 a line of credit under this section to—
17 (i) one or more lenders; or
18 (ii) a trustee on the behalf of such a
19 lender.
20 (8) NONSUBORDINATION.—
21 (A) IN GENERAL.—Except as provided in
22 subparagraph (B), a direct loan under this sec-
23 tion shall not be subordinated to the claims of
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24 any holder of project obligations in the event of
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1 bankruptcy, insolvency, or liquidation of the ob-
2 ligor.
3 (B) PRE-EXISTING INDENTURE.—
4 (i) IN GENERAL.—The Assistant Sec-
5 retary shall waive the requirement of sub-
6 paragraph (A) for a public agency bor-
7 rower that is financing ongoing capital
8 programs and has outstanding senior
9 bonds under a preexisting indenture, if—
10 (I) the line of credit—
11 (aa) is rated in the A cat-
12 egory or higher; or
13 (bb) in the case of a small
14 project, meets an alternative
15 standard that the Assistant Sec-
16 retary shall establish under sec-
17 tion 13206 for purposes of this
18 subclause;
19 (II) the BIFIA program loan re-
20 sulting from a draw on the line of
21 credit is payable from pledged reve-
22 nues not affected by project perform-
23 ance, such as a tax-backed revenue
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24 pledge or a system-backed pledge of
25 project revenues; and
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1 (III) the BIFIA program share
2 of eligible project costs is 33 percent
3 or less.
4 (ii) LIMITATION.—If the Assistant
5 Secretary waives the nonsubordination re-
6 quirement under this subparagraph—
7 (I) the maximum credit subsidy
8 to be paid by the Federal Government
9 shall be not more than 10 percent of
10 the principal amount of the secured
11 loan; and
12 (II) the obligor shall be respon-
13 sible for paying the remainder of the
14 subsidy cost.
15 (9) FEES.—The Assistant Secretary may estab-
16 lish fees at a level sufficient to cover all or a portion
17 of the costs to the Federal Government of providing
18 a line of credit under this section.
19 (10) RELATIONSHIP TO OTHER CREDIT INSTRU-
20 MENTS.—A project that receives a line of credit
21 under this section also shall not receive a secured
22 loan or loan guarantee under section 13204 in an
23 amount that, combined with the amount of the line
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24 of credit, exceeds 49 percent of eligible project costs.
25 (c) REPAYMENT.—
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1 (1) TERMS AND CONDITIONS.—The Assistant
2 Secretary shall establish repayment terms and condi-
3 tions for each direct loan under this section based
4 on—
5 (A) the projected cash flow from project
6 revenues and other repayment sources; and
7 (B) the useful life of the infrastructure for
8 the provision of broadband service being fi-
9 nanced.
10 (2) TIMING.—All repayments of principal or in-
11 terest on a direct loan under this section shall be
12 scheduled—
13 (A) to commence not later than 5 years
14 after the end of the period of availability speci-
15 fied in subsection (b)(6); and
16 (B) to conclude, with full repayment of
17 principal and interest, by the date that is 25
18 years after the end of the period of availability
19 specified in subsection (b)(6).
20 SEC. 13206. ALTERNATIVE PRUDENTIAL LENDING STAND-
21 ARDS FOR SMALL PROJECTS.
22 Not later than 180 days after the date of the enact-
23 ment of this Act, the Assistant Secretary shall establish
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24 alternative, streamlined prudential lending standards for
25 small projects receiving credit assistance under the BIFIA
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1 program to ensure that such projects pose no additional
2 risk to the Federal Government, as compared with
3 projects that are not small projects.
4 SEC. 13207. PROGRAM ADMINISTRATION.
5 (a) REQUIREMENT.—The Assistant Secretary shall
6 establish a uniform system to service the Federal credit
7 instruments made available under the BIFIA program.
8 (b) FEES.—The Assistant Secretary may collect and
9 spend fees, contingent on authority being provided in ap-
10 propriations Acts, at a level that is sufficient to cover—
11 (1) the costs of services of expert firms retained
12 pursuant to subsection (d); and
13 (2) all or a portion of the costs to the Federal
14 Government of servicing the Federal credit instru-
15 ments.
16 (c) SERVICER.—
17 (1) IN GENERAL.—The Assistant Secretary
18 may appoint a financial entity to assist the Assistant
19 Secretary in servicing the Federal credit instru-
20 ments.
21 (2) DUTIES.—A servicer appointed under para-
22 graph (1) shall act as the agent for the Assistant
23 Secretary.
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1 (3) FEE.—A servicer appointed under para-
2 graph (1) shall receive a servicing fee, subject to ap-
3 proval by the Assistant Secretary.
4 (d) ASSISTANCE FROM EXPERT FIRMS.—The Assist-
5 ant Secretary may retain the services of expert firms, in-
6 cluding counsel, in the field of municipal and project fi-
7 nance to assist in the underwriting and servicing of Fed-
8 eral credit instruments.
9 (e) EXPEDITED PROCESSING.—The Assistant Sec-
10 retary shall implement procedures and measures to econo-
11 mize the time and cost involved in obtaining approval and
12 the issuance of credit assistance under the BIFIA pro-
13 gram.
14 (f) ASSISTANCE TO SMALL PROJECTS.—Of the
15 amount appropriated under section 13210(a), and after
16 the set-aside for administrative expenses under section
17 13210(b), not less than 20 percent shall be made available
18 for the Assistant Secretary to use in lieu of fees collected
19 under subsection (b) for small projects.
20 SEC. 13208. STATE AND LOCAL PERMITS.
21 The provision of credit assistance under the BIFIA
22 program with respect to a project shall not—
23 (1) relieve any recipient of the assistance of any
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24 obligation to obtain any required State or local per-
25 mit or approval with respect to the project;
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1 (2) limit the right of any unit of State or local
2 government to approve or regulate any rate of re-
3 turn on private equity invested in the project; or
4 (3) otherwise supersede any State or local law
5 (including any regulation) applicable to the construc-
6 tion or operation of the project.
7 SEC. 13209. REGULATIONS.
8 The Assistant Secretary may promulgate such regula-
9 tions as the Assistant Secretary determines to be appro-
10 priate to carry out the BIFIA program.
11 SEC. 13210. FUNDING.
12 (a) AUTHORIZATION OF APPROPRIATIONS.—There is
13 authorized to be appropriated to the Assistant Secretary
14 $5,000,000,000 for fiscal year 2022 to carry out this part,
15 and such amount is authorized to remain available
16 through fiscal year 2026.
17 (b) ADMINISTRATIVE EXPENSES.—Of the amount
18 appropriated under subsection (a), the Assistant Secretary
19 may use not more than 5 percent for the administration
20 of the BIFIA program.
21 SEC. 13211. REPORTS TO CONGRESS.
22 (a) IN GENERAL.—Not later than 1 year after the
23 date of the enactment of this Act, and every 2 years there-
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24 after, the Assistant Secretary shall submit to Congress a
25 report summarizing the financial performance of the
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1 projects that are receiving, or have received, assistance
2 under the BIFIA program, including a recommendation
3 as to whether the objectives of the BIFIA program are
4 best served by—
5 (1) continuing the program under the authority
6 of the Assistant Secretary; or
7 (2) establishing a Federal corporation or feder-
8 ally sponsored enterprise to administer the program.
9 (b) APPLICATION PROCESS REPORT.—
10 (1) IN GENERAL.—Not later than 1 year after
11 the date of the enactment of this Act, and annually
12 thereafter, the Assistant Secretary shall submit to
13 the Committee on Energy and Commerce of the
14 House of Representatives and the Committee on
15 Commerce, Science, and Transportation of the Sen-
16 ate a report that includes a list of all of the letters
17 of interest and applications received for assistance
18 under the BIFIA program during the preceding fis-
19 cal year.
20 (2) INCLUSIONS.—
21 (A) IN GENERAL.—Each report under
22 paragraph (1) shall include, at a minimum, a
23 description of, with respect to each letter of in-
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24 terest and application included in the report—
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1 (i) the date on which the letter of in-
2 terest or application was received;
3 (ii) the date on which a notification
4 was provided to the applicant regarding
5 whether the application was complete or
6 incomplete;
7 (iii) the date on which a revised and
8 completed application was submitted (if
9 applicable);
10 (iv) the date on which a notification
11 was provided to the applicant regarding
12 whether the project was approved or dis-
13 approved; and
14 (v) if the project was not approved,
15 the reason for the disapproval.
16 (B) CORRESPONDENCE.—Each report
17 under paragraph (1) shall include copies of any
18 correspondence provided to the applicant in ac-
19 cordance with section 13203(d).
20 PART 3—WI-FI ON SCHOOL BUSES
21 SEC. 13301. E-RATE SUPPORT FOR SCHOOL BUS WI-FI.
22 (a) DEFINITION.—In this section, the term ‘‘school
23 bus’’ means a passenger motor vehicle that is—
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24 (1) designed to carry a driver and not less than
25 5 passengers; and
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1 (2) used significantly to transport early child
2 education, elementary school, or secondary school
3 students to or from school or an event related to
4 school.
5 (b) RULEMAKING.—Notwithstanding the limitations
6 under paragraphs (1)(B) and (2)(A) of section 254(h) of
7 the Communications Act of 1934 (47 U.S.C. 254(h)) re-
8 garding the authorized recipients and uses of discounted
9 telecommunications services, not later than 180 days after
10 the date of enactment of this Act, the Commission shall
11 commence a rulemaking to make the provision of Wi-Fi
12 access on school buses eligible for support under the E-
13 rate program of the Commission set forth under subpart
14 F of part 54 of title 47, Code of Federal Regulations.
15 Subtitle D—Community Broadband
16 SEC. 14001. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP,
17 AND CO-OP BROADBAND SERVICES.
18 Section 706 of the Telecommunications Act of 1996
19 (47 U.S.C. 1302) is amended—
20 (1) by redesignating subsection (d) as sub-
21 section (e) and inserting after subsection (c) the fol-
22 lowing:
23 ‘‘(d) STATE, LOCAL, PUBLIC-PRIVATE PARTNER-
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24 SHIP, AND CO-OP ADVANCED TELECOMMUNICATIONS CA-
25 PABILITY AND SERVICES.—
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1 ‘‘(1) IN GENERAL.—No State statute, regula-
2 tion, or other State legal requirement may prohibit
3 or have the effect of prohibiting any public provider,
4 public-private partnership provider, or cooperatively
5 organized provider from providing, to any person or
6 any public or private entity, advanced telecommuni-
7 cations capability or any service that utilizes the ad-
8 vanced telecommunications capability provided by
9 such provider.
10 ‘‘(2) ANTIDISCRIMINATION SAFEGUARDS.—
11 ‘‘(A) PUBLIC PROVIDERS.—To the extent
12 any public provider regulates competing private
13 providers of advanced telecommunications capa-
14 bility or services that utilize advanced tele-
15 communications capability, such public provider
16 shall apply its ordinances and rules without dis-
17 crimination in favor of itself or any provider
18 that it owns of services that utilize advanced
19 telecommunications capability.
20 ‘‘(B) PUBLIC-PRIVATE PARTNERSHIP PRO-
21 VIDERS.—To the extent any State or local enti-
22 ty that is part of a public-private partnership
23 provider regulates competing private providers
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24 of advanced telecommunications capability or
25 services that utilize advanced telecommuni-
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1 cations capability, such State or local entity
2 shall apply its ordinances and rules without dis-
3 crimination in favor of such public-private part-
4 nership provider or any provider that such
5 State or local entity or public-private partner-
6 ship provider owns of services that utilize ad-
7 vanced telecommunications capability.
8 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub-
9 section shall exempt a public provider, public-private
10 partnership provider, or cooperatively organized pro-
11 vider from any Federal or State telecommunications
12 law or regulation that applies to all providers of ad-
13 vanced telecommunications capability or services
14 that utilize such advanced telecommunications capa-
15 bility.’’; and
16 (2) in subsection (e), as redesignated—
17 (A) in the matter preceding paragraph (1),
18 by striking ‘‘this subsection’’ and inserting
19 ‘‘this section’’;
20 (B) by redesignating paragraph (2) as
21 paragraph (3);
22 (C) by inserting after paragraph (1) the
23 following:
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24 ‘‘(2) COOPERATIVELY ORGANIZED PROVIDER.—
25 The term ‘cooperatively organized provider’ means
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1 an entity that is treated as a cooperative under Fed-
2 eral tax law and that provides advanced tele-
3 communications capability, or any service that uti-
4 lizes such advanced telecommunications capability,
5 to any person or public or private entity.’’; and
6 (D) by adding at the end the following:
7 ‘‘(4) PUBLIC PROVIDER.—The term ‘public pro-
8 vider’ means a State or local entity that provides ad-
9 vanced telecommunications capability, or any service
10 that utilizes such advanced telecommunications ca-
11 pability, to any person or public or private entity.
12 ‘‘(5) PUBLIC-PRIVATE PARTNERSHIP PRO-
13 VIDER.—The term ‘public-private partnership pro-
14 vider’ means a public-private partnership, between a
15 State or local entity and a private entity, that pro-
16 vides advanced telecommunications capability, or any
17 service that utilizes such advanced telecommuni-
18 cations capability, to any person or public or private
19 entity.
20 ‘‘(6) STATE OR LOCAL ENTITY.—The term
21 ‘State or local entity’ means a State or political sub-
22 division thereof, any agency, authority, or instru-
23 mentality of a State or political subdivision thereof,
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24 or an Indian Tribe (as defined in section 4(e) of the
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1 Indian Self-Determination and Education Assistance
2 Act (25 U.S.C. 5304(e))).’’.
3 Subtitle E—Next Generation 9–1–1
4 SEC. 15001. FURTHER DEPLOYMENT OF NEXT GENERATION
5 9–1–1.
6 (a) FINDINGS.—Congress finds the following:
7 (1) The 9–1–1 systems of the United States,
8 while a model for the entire world, lack the advanced
9 functionality, interoperability, reliability, and capa-
10 bilities that come with the adoption of new digital
11 communications technologies.
12 (2) Communications technologies currently
13 available to the public, including first responders
14 and other public safety personnel, have substantially
15 outpaced the legacy communications technologies
16 still used by most emergency communications cen-
17 ters in the 9–1–1 systems of the United States.
18 (3) This lack of modern technology, when cou-
19 pled with other challenges, is impacting the ability of
20 the 9–1–1 systems of the United States to efficiently
21 and effectively provide responses to emergencies.
22 (4) Modernizing the 9–1–1 systems of the
23 United States to incorporate the new and evolving
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24 capabilities of broadband voice and data communica-
25 tions is essential for the safety and security of the
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1 public, including first responders and other public
2 safety personnel.
3 (5) Efforts to modernize the 9–1–1 systems of
4 the United States to date, while laudable and impor-
5 tant, have been limited due to a lack of funding and
6 inconsistent or unclear policies related to the govern-
7 ance, deployment, and operations of Next Genera-
8 tion 9–1–1.
9 (6) A nationwide strategy for Next Generation
10 9–1–1 has become essential to help guide the transi-
11 tion and create a common framework for implemen-
12 tation of Next Generation 9–1–1 while preserving
13 State, regional, and local control over the governance
14 and technology choices of the 9–1–1 systems of the
15 United States.
16 (7) Accelerated implementation of Next Genera-
17 tion 9–1–1 will—
18 (A) increase compatibility with emerging
19 communications trends;
20 (B) enhance the flexibility, reliability, and
21 survivability of the 9–1–1 systems of the United
22 States during major incidents;
23 (C) improve emergency response for the
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24 public, including first responders and other
25 public safety personnel;
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1 (D) promote the interoperability of the 9–
2 1–1 systems of the United States with emer-
3 gency response providers including users of the
4 Nationwide Public Safety Broadband Network
5 being deployed by the First Responder Network
6 Authority; and
7 (E) increase the cost effectiveness of oper-
8 ating the 9–1–1 systems of the United States.
9 (b) SENSE OF CONGRESS.—It is the sense of Con-
10 gress that—
11 (1) the 9–1–1 professionals in the United
12 States perform important and lifesaving work every
13 day, and need the tools and communications tech-
14 nologies to perform the work effectively in a world
15 with digital communications technologies;
16 (2) the transition from the legacy communica-
17 tions technologies used in the 9–1–1 systems of the
18 United States to Next Generation 9–1–1 is a na-
19 tional priority and a national imperative;
20 (3) the United States should complete the tran-
21 sition described in paragraph (2) as soon as prac-
22 ticable;
23 (4) the United States should develop a nation-
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24 wide framework that facilitates cooperation among
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1 Federal, State, and local officials on deployment of
2 Next Generation 9–1–1 in order to meet that goal;
3 (5) the term ‘‘Public Safety Answering Point’’
4 becomes outdated in a broadband environment and
5 9–1–1 centers are increasingly and appropriately
6 being referred to as emergency communications cen-
7 ters; and
8 (6) 9–1–1 authorities and emergency commu-
9 nications centers should have sufficient resources to
10 implement Next Generation 9–1–1, including re-
11 sources to support associated geographic information
12 systems (commonly known as ‘‘GIS’’), and cyberse-
13 curity measures.
14 (c) STATEMENT OF POLICY.—It is the policy of the
15 United States that—
16 (1) Next Generation 9–1–1 should be techno-
17 logically and competitively neutral;
18 (2) Next Generation 9–1–1 should be interoper-
19 able and reliable;
20 (3) the governance and control of the 9–1–1
21 systems of the United States, including Next Gen-
22 eration 9–1–1, should remain at the State, regional,
23 and local level; and
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1 (4) individuals in the United States should re-
2 ceive information on how to best utilize Next Gen-
3 eration 9–1–1 and on its capabilities and usefulness.
4 (d) COORDINATION OF NEXT GENERATION 9–1–1
5 IMPLEMENTATION.—Part C of title I of the National Tele-
6 communications and Information Administration Organi-
7 zation Act (47 U.S.C. 901 et seq.) is amended by adding
8 at the end the following:
9 ‘‘SEC. 159. COORDINATION OF NEXT GENERATION 9–1–1 IM-
10 PLEMENTATION.
11 ‘‘(a) ADDITIONAL FUNCTIONS OF 9–1–1 IMPLEMEN-
12 TATION COORDINATION OFFICE.—
13 ‘‘(1) AUTHORITY.—The Office shall implement
14 the provisions of this section.
15 ‘‘(2) MANAGEMENT PLAN.—
16 ‘‘(A) DEVELOPMENT.—The Assistant Sec-
17 retary and the Administrator shall develop and
18 may modify a management plan for the grant
19 program established under this section, includ-
20 ing by developing—
21 ‘‘(i) plans related to the organiza-
22 tional structure of such program; and
23 ‘‘(ii) funding profiles for each fiscal
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24 year of the duration of such program.
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1 ‘‘(B) SUBMISSION TO CONGRESS.—Not
2 later than 90 days after the date of the enact-
3 ment of this section or 90 days after the date
4 on which the plan is modified, as applicable, the
5 Assistant Secretary and the Administrator shall
6 submit the management plan developed or
7 modified, as applicable, under subparagraph (A)
8 to—
9 ‘‘(i) the Committees on Commerce,
10 Science, and Transportation and Appro-
11 priations of the Senate; and
12 ‘‘(ii) the Committees on Energy and
13 Commerce and Appropriations of the
14 House of Representatives.
15 ‘‘(3) PURPOSE OF OFFICE.—The Office shall—
16 ‘‘(A) take actions, in concert with coordi-
17 nators designated in accordance with subsection
18 (b)(2)(A)(ii), to improve coordination and com-
19 munication with respect to the implementation
20 of Next Generation 9–1–1;
21 ‘‘(B) develop, collect, and disseminate in-
22 formation concerning practices, procedures, and
23 technology used in the implementation of Next
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24 Generation 9–1–1;
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1 ‘‘(C) advise and assist eligible entities in
2 the preparation of implementation plans re-
3 quired under subsection (b)(2)(A)(iii);
4 ‘‘(D) provide technical assistance to grant-
5 ees in support of efforts to explore efficiencies
6 related to Next Generation 9–1–1 functions;
7 ‘‘(E) receive, review, and recommend the
8 approval or disapproval of applications for
9 grants under subsection (b); and
10 ‘‘(F) oversee the use of funds provided by
11 such grants in fulfilling such implementation
12 plans.
13 ‘‘(4) ANNUAL REPORTS.—Not later than Octo-
14 ber 1 of each year, the Assistant Secretary and the
15 Administrator shall submit to Congress a report on
16 the activities of the Office to meet the requirements
17 described under paragraph (3) for the previous year.
18 ‘‘(5) NATIONWIDE NEXT GENERATION 9–1–1
19 SECURITY OPERATIONS CENTER.—
20 ‘‘(A) ESTABLISHMENT.—There is estab-
21 lished within the Office the Nationwide Next
22 Generation 9–1–1 Security Operations Center.
23 ‘‘(B) ORGANIZATION.—The Office shall
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24 consider the recommendations of the Next Gen-
25 eration 9–1–1 Advisory Board established
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1 under section 160 in selecting the appropriate
2 personnel to best fulfill the Center’s mission.
3 ‘‘(C) MISSION.—The Center shall—
4 ‘‘(i) serve as a centralized emergency
5 communications cybersecurity center that
6 has the ability to provide integrated intru-
7 sion, detection and prevention services at
8 multiple levels and layers, in support of
9 local operations;
10 ‘‘(ii) provide forensic data to cyber re-
11 sponders and investigators in the event of
12 an incident;
13 ‘‘(iii) activate pre-planned mitigation
14 measures as agreed upon with emergency
15 communications centers and as appropriate
16 during a cyber incident;
17 ‘‘(iv) assist application vendors and
18 third parties with a public safety mission,
19 such as mental health hotlines, telehealth
20 providers, vehicle telematics provider, and
21 alarm companies, in ensuring secure
22 connectivity and providing vetted and se-
23 cure services; and
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24 ‘‘(v) assist Federal, State, and local
25 law enforcement in identifying cyber crimi-
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1 nals whether located in the United States
2 or internationally.
3 ‘‘(b) NEXT GENERATION 9–1–1 IMPLEMENTATION
4 GRANTS.—
5 ‘‘(1) GRANTS.—The Assistant Secretary and
6 the Administrator, acting through the Office, shall
7 provide grants to eligible entities for—
8 ‘‘(A) the implementation of Next Genera-
9 tion 9–1–1;
10 ‘‘(B) establishing and maintaining Next
11 Generation 9–1–1;
12 ‘‘(C) training directly related to Next Gen-
13 eration 9–1–1 if—
14 ‘‘(i) the cost related to the training
15 does not exceed 3 percent of the total
16 grant award, or up to 5 percent of the
17 total grant award if sufficiently justified to
18 the Office; and
19 ‘‘(ii) permissible costs may include—
20 ‘‘(I) actual wages incurred for
21 travel and attendance, including any
22 necessary overtime pay and backfill
23 wage;
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24 ‘‘(II) travel expenses;
25 ‘‘(III) instructor expenses; and
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1 ‘‘(IV) facility costs and training
2 materials;
3 ‘‘(D) public outreach and education on how
4 best to use Next Generation 9–1–1 and the ca-
5 pabilities and usefulness of Next Generation 9–
6 1–1; and
7 ‘‘(E) administrative cost associated with
8 planning and implementation of Next Genera-
9 tion 9–1–1, including any cost related to plan-
10 ning for and preparing an application and re-
11 lated materials as required by this subsection,
12 if—
13 ‘‘(i) the cost is fully documented in
14 materials submitted to the Office; and
15 ‘‘(ii) the cost is reasonable, necessary,
16 and does not exceed 1 percent of the total
17 grant award for an eligible entity and 1
18 percent of the total grant award for an
19 emergency communications center.
20 ‘‘(2) COORDINATION REQUIRED.—In providing
21 grants under paragraph (1), the Assistant Secretary
22 and the Administrator, acting through the Office,
23 shall require an eligible entity to certify in the appli-
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24 cation that—
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1 ‘‘(A) in the case of an eligible entity that
2 is a State, the entity—
3 ‘‘(i) has coordinated the application
4 with the emergency communications cen-
5 ters located within the jurisdiction of the
6 entity;
7 ‘‘(ii) has designated a single officer or
8 governmental body to serve as the State
9 point of contact to coordinate the imple-
10 mentation of Next Generation 9–1–1 for
11 that State, except that such designation
12 need not vest such coordinator with direct
13 legal authority to implement Next Genera-
14 tion 9–1–1 or to manage emergency com-
15 munications operations; and
16 ‘‘(iii) has developed and submitted a
17 plan for the coordination and implementa-
18 tion of Next Generation 9–1–1 that—
19 ‘‘(I) ensures interoperability by
20 requiring the use of commonly accept-
21 ed standards;
22 ‘‘(II) ensures reliable operations;
23 ‘‘(III) enables emergency commu-
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24 nications centers to process, analyze,
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1 and store multimedia, data, and other
2 information;
3 ‘‘(IV) incorporates the use of ef-
4 fective cybersecurity resources;
5 ‘‘(V) uses open and competitive
6 request for proposal processes, includ-
7 ing through shared government pro-
8 curement vehicles, for deployment of
9 Next Generation 9–1–1;
10 ‘‘(VI) documents how input was
11 received and accounted for from rel-
12 evant rural and urban emergency
13 communications centers, regional au-
14 thorities, local authorities, and Tribal
15 authorities;
16 ‘‘(VII) includes a governance
17 body or bodies, either by creation of
18 new or use of existing body or bodies,
19 for the development and deployment
20 of Next Generation 9–1–1 that—
21 ‘‘(aa) ensures full notice and
22 opportunity for participation by
23 relevant stakeholders; and
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1 ‘‘(bb) consults and coordi-
2 nates with the State point of con-
3 tact required by clause (ii);
4 ‘‘(VIII) creates efficiencies re-
5 lated to Next Generation 9–1–1 func-
6 tions, including cybersecurity and the
7 virtualization and sharing of infra-
8 structure, equipment, and services;
9 and
10 ‘‘(IX) that an effective, competi-
11 tive approach to establishing authen-
12 tication, credentialing, secure connec-
13 tions, and access is utilized, including
14 by—
15 ‘‘(aa) requiring certificate
16 authorities to be capable of cross-
17 certification with other authori-
18 ties;
19 ‘‘(bb) avoiding risk of a sin-
20 gle point of failure or vulner-
21 ability; and
22 ‘‘(cc) adhering to Federal
23 agency best practices such as
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24 those promulgated by the Na-
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1 tional Institute of Standards and
2 Technology; and
3 ‘‘(B) in the case of an eligible entity that
4 is a Tribal Organization, the Tribal Organiza-
5 tion has complied with clauses (i) and (iii) of
6 subparagraph (A), and the State in which the
7 Tribal Organization is located has complied
8 with clause (ii) of such subparagraph.
9 ‘‘(3) CRITERIA.—
10 ‘‘(A) IN GENERAL.—Not later than 9
11 months after the date of the enactment of this
12 section, the Assistant Secretary and the Admin-
13 istrator shall issue regulations, after providing
14 the public with notice and an opportunity to
15 comment, prescribing the criteria for selection
16 for grants under this subsection.
17 ‘‘(B) REQUIREMENTS.—The criteria
18 shall—
19 ‘‘(i) include performance requirements
20 and a schedule for completion of any
21 project to be financed by a grant under
22 this subsection; and
23 ‘‘(ii) specifically permit regional or
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24 multi-State applications for funds.
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1 ‘‘(C) UPDATES.—The Assistant Secretary
2 and the Administrator shall update such regula-
3 tions as necessary.
4 ‘‘(4) GRANT CERTIFICATIONS.—Each applicant
5 for a grant under this subsection shall certify to the
6 Assistant Secretary and the Administrator at the
7 time of application, and each applicant that receives
8 such a grant shall certify to the Assistant Secretary
9 and the Administrator annually thereafter during
10 any period of time the funds from the grant are
11 available to the applicant, that—
12 ‘‘(A) no portion of any designated 9–1–1
13 charges imposed by a State or other taxing ju-
14 risdiction within which the applicant is located
15 are being obligated or expended for any purpose
16 other than the purposes for which such charges
17 are designated or presented during the period
18 beginning 180 days immediately preceding the
19 date on which the application was filed and con-
20 tinuing through the period of time during which
21 the funds from the grant are available to the
22 applicant;
23 ‘‘(B) any funds received by the applicant
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24 will be used to support deployment of Next
25 Generation 9–1–1 that ensures reliability and,
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1 by requiring the use of commonly accepted
2 standards, interoperability;
3 ‘‘(C) the State in which the applicant re-
4 sides has established, or has committed to es-
5 tablish no later than 3 years following the date
6 on which the funds are distributed to the appli-
7 cant, a sustainable funding mechanism for Next
8 Generation 9–1–1 and effective cybersecurity
9 resources to be deployed pursuant to the grant;
10 ‘‘(D) the applicant will promote interoper-
11 ability between Next Generation 9–1–1 emer-
12 gency communications centers and emergency
13 response providers including users of the na-
14 tionwide public safety broadband network im-
15 plemented by the First Responder Network Au-
16 thority;
17 ‘‘(E) the applicant has or will take steps to
18 coordinate with adjoining States to establish
19 and maintain Next Generation 9–1–1; and
20 ‘‘(F) the applicant has developed a plan for
21 public outreach and education on how to best
22 use Next Generation 9–1–1 and on its capabili-
23 ties and usefulness.
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24 ‘‘(5) CONDITION OF GRANT.—Each applicant
25 for a grant under this subsection shall agree, as a
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1 condition of receipt of the grant, that if the State or
2 other taxing jurisdiction within which the applicant
3 is located, during any period of time during which
4 the funds from the grant are available to the appli-
5 cant, fails to comply with the certifications required
6 under paragraph (4), all of the funds from such
7 grant shall be returned to the Office.
8 ‘‘(6) PENALTY FOR PROVIDING FALSE INFOR-
9 MATION.—Any applicant that provides a certification
10 under paragraph (5) knowing that the information
11 provided in the certification was false shall—
12 ‘‘(A) not be eligible to receive the grant
13 under this subsection;
14 ‘‘(B) return any grant awarded under this
15 subsection during the time that the certification
16 was not valid; and
17 ‘‘(C) not be eligible to receive any subse-
18 quent grants under this subsection.
19 ‘‘(7) PROHIBITION.—Grants provided under
20 this subsection may not be used—
21 ‘‘(A) for any component of the Nationwide
22 Public Safety Broadband Network; or
23 ‘‘(B) to make any payments to a person
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24 who has been, for reasons of national security,
25 prohibited by any entity of the Federal Govern-
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1 ment from bidding on a contract, participating
2 in an auction, or receiving a grant.
3 ‘‘(8) FUNDING AND TERMINATION.—In addition
4 to any funds authorized for grants under section
5 158, there is authorized to be appropriated
6 $15,000,000,000 for fiscal years 2022 through
7 2026, of which $24,000,000 may be used by the Of-
8 fice for reasonable and necessary administrative
9 costs associated with the grant program and to es-
10 tablish the Nationwide Next Generation 9–1–1 Secu-
11 rity Operations Center under subsection (a)(5).
12 ‘‘(c) DEFINITIONS.—In this section and section 160:
13 ‘‘(1) 9–1–1 REQUEST FOR EMERGENCY ASSIST-
14 ANCE.—The term ‘9–1–1 request for emergency as-
15 sistance’ means a communication, such as voice,
16 text, picture, multimedia, or any other type of data
17 that is sent to an emergency communications center
18 for the purpose of requesting emergency assistance.
19 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis-
20 trator’ means the Administrator of the National
21 Highway Traffic Safety Administration.
22 ‘‘(3) COMMONLY ACCEPTED STANDARDS.—The
23 term ‘commonly accepted standards’ means the tech-
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24 nical standards followed by the communications in-
25 dustry for network, device, and Internet Protocol
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1 connectivity that enable interoperability, including
2 but not limited to—
3 ‘‘(A) standards developed by the Third
4 Generation Partnership Project (3GPP), the In-
5 stitute of Electrical and Electronics Engineers
6 (IEEE), the Alliance for Telecommunications
7 Industry Solutions (ATIS), the Internet Engi-
8 neering Taskforce (IETF), and the Inter-
9 national Telecommunications Union (ITU); and
10 ‘‘(B) standards approved by the American
11 National Standards Institute (ANSI) that meet
12 the definition of interoperable within this sec-
13 tion.
14 ‘‘(4) DESIGNATED 9–1–1 CHARGES.—The term
15 ‘designated 9–1–1 charges’ means any taxes, fees, or
16 other charges imposed by a State or other taxing ju-
17 risdiction that are designated or presented as dedi-
18 cated to deliver or improve 9–1–1 services, E9–1–1
19 services (as defined in section 158(e)), or Next Gen-
20 eration 9–1–1.
21 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en-
22 tity’—
23 ‘‘(A) means a State or a Tribal organiza-
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24 tion (as defined in section 4(l) of the Indian
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1 Self-Determination and Education Assistance
2 Act (25 U.S.C. 5304));
3 ‘‘(B) includes public authorities, boards,
4 commissions, and similar bodies created by one
5 or more eligible entities described in subpara-
6 graph (A) to coordinate or provide Next Gen-
7 eration 9–1–1; and
8 ‘‘(C) does not include any entity that has
9 failed to submit the certifications required
10 under subsection (b)(4).
11 ‘‘(6) EMERGENCY COMMUNICATIONS CENTER.—
12 The term ‘emergency communications center’ means
13 a facility that is designated to receive a 9–1–1 re-
14 quest for emergency assistance and perform one or
15 more of the following functions:
16 ‘‘(A) Process and analyze 9–1–1 requests
17 for emergency assistance and other gathered in-
18 formation.
19 ‘‘(B) Dispatch appropriate emergency re-
20 sponse providers.
21 ‘‘(C) Transfer or exchange 9–1–1 requests
22 for emergency assistance and other gathered in-
23 formation with other emergency communica-
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24 tions centers and emergency response providers.
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1 ‘‘(D) Analyze any communications received
2 from emergency response providers.
3 ‘‘(E) Support incident command functions.
4 ‘‘(7) EMERGENCY RESPONSE PROVIDER.—The
5 term ‘emergency response provider’ has the meaning
6 given that term under section 2 of the Homeland Se-
7 curity Act of 2002 (6 U.S.C. 101).
8 ‘‘(8) INTEROPERABLE.—The term ‘interoper-
9 able’ or ‘interoperability’ means the capability of
10 emergency communications centers to receive 9–1–1
11 requests for emergency assistance and related data
12 such as location information and callback numbers
13 from the public, then process and share the 9–1–1
14 requests for emergency assistance and related data
15 with other emergency communications centers and
16 emergency response providers without the need for
17 proprietary interfaces and regardless of jurisdiction,
18 equipment, device, software, service provider, or
19 other relevant factors.
20 ‘‘(9) NATIONWIDE.—The term ‘nationwide’
21 means each State of the United States, the District
22 of Columbia, Puerto Rico, American Samoa, Guam,
23 the United States Virgin Islands, the Northern Mar-
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24 iana Islands, any other territory or possession of the
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1 United States, and each federally recognized Indian
2 Tribe.
3 ‘‘(10) NATIONWIDE PUBLIC SAFETY
4 BROADBAND NETWORK.—The term ‘nationwide pub-
5 lic safety broadband network’ has the meaning given
6 the term in section 6001 of the Middle Class Tax
7 Relief and Job Creation Act of 2012 (47 U.S.C.
8 1401).
9 ‘‘(11) NEXT GENERATION 9–1–1.—The term
10 Next Generation 9–1–1 means an interoperable, se-
11 cure, Internet Protocol-based system that—
12 ‘‘(A) employs commonly accepted stand-
13 ards;
14 ‘‘(B) enables the appropriate emergency
15 communications centers to receive, process, and
16 analyze all types of 9–1–1 requests for emer-
17 gency assistance;
18 ‘‘(C) acquires and integrates additional in-
19 formation useful to handling 9–1–1 requests for
20 emergency assistance; and
21 ‘‘(D) supports sharing information related
22 to 9–1–1 requests for emergency assistance
23 among emergency communications centers and
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24 emergency response providers.
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1 ‘‘(12) OFFICE.—The term ‘Office’ means the
2 Next Generation 9–1–1 Implementation Coordina-
3 tion Office established under section 158.
4 ‘‘(13) RELIABILITY.—The term ‘reliability’ or
5 ‘reliable’ means the employment of sufficient meas-
6 ures to ensure the ongoing operation of Next Gen-
7 eration 9–1–1 including through the use of geo-di-
8 verse, device- and network-agnostic elements that
9 provide more than one physical route between end
10 points with no common points where a single failure
11 at that point would cause all to fail.
12 ‘‘(14) STATE.—The term ‘State’ means any
13 State of the United States, the District of Columbia,
14 Puerto Rico, American Samoa, Guam, the United
15 States Virgin Islands, the Northern Mariana Is-
16 lands, and any other territory or possession of the
17 United States.
18 ‘‘(15) SUSTAINABLE FUNDING MECHANISM.—
19 The term ‘sustainable funding mechanism’ means a
20 funding mechanism that provides adequate revenues
21 to cover ongoing expenses, including operations,
22 maintenance, and upgrades.
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1 ‘‘SEC. 160. ESTABLISHMENT OF NEXT GENERATION 9–1–1
2 ADVISORY BOARD.
3 ‘‘(a) ESTABLISHMENT.—The Assistant Secretary and
4 Administrator, acting through the Office, shall establish
5 a ‘Next Generation 9–1–1 Advisory Board’ (in this section
6 referred to as the ‘Board’) to advise the Office in carrying
7 out its duties and responsibilities under this section and
8 section 159.
9 ‘‘(b) MEMBERSHIP.—
10 ‘‘(1) VOTING MEMBERS.—Not later than 30
11 days after the date of enactment of this section, the
12 Assistant Secretary and Administrator, acting
13 through the Office, shall appoint 16 public safety
14 members to the Board, of which—
15 ‘‘(A) 4 members shall be representative of
16 local law enforcement officials;
17 ‘‘(B) 4 members shall be representative of
18 fire and rescue officials;
19 ‘‘(C) 4 members shall be representative of
20 emergency medical service officials; and
21 ‘‘(D) 4 members shall be representative of
22 9–1–1 professionals.
23 ‘‘(2) DIVERSITY OF MEMBERSHIP.—Members
24 shall be representatives of State and local govern-
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25 ments, chosen to reflect geographic and population
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1 density differences as well as public safety organiza-
2 tions at the national level across the United States.
3 ‘‘(3) EXPERTISE.—All members shall have spe-
4 cific expertise necessary for developing technical re-
5 quirements under this section, such as technical ex-
6 pertise, and public safety communications and 9–1–
7 1 expertise.
8 ‘‘(4) RANK AND FILE MEMBERS.—A rank and
9 file member from each of the public safety dis-
10 ciplines listed in subparagraphs (A), (B), and (C), of
11 paragraph (1) shall be appointed as a voting mem-
12 ber of the Board and shall be selected from an orga-
13 nization that represents their public safety discipline
14 at the national level.
15 ‘‘(c) PERIOD OF APPOINTMENT.—
16 ‘‘(1) IN GENERAL.—Except as provided in para-
17 graph (2), members of the Board shall be appointed
18 for the life of the Board.
19 ‘‘(2) REMOVAL FOR CAUSE.—A member of the
20 Board may be removed for cause upon the deter-
21 mination of the Assistant Secretary and Adminis-
22 trator.
23 ‘‘(d) VACANCIES.—Any vacancy in the Board shall be
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24 filled in the same manner as the original appointment.
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1 ‘‘(e) QUORUM.—A majority of the members of the
2 Board shall constitute a quorum.
3 ‘‘(f) CHAIRPERSON AND VICE CHAIRPERSON.—The
4 Board shall select a Chairperson and Vice Chairperson
5 from among the voting members of the Board.
6 ‘‘(g) DUTIES OF THE BOARD.—Not later than 120
7 days after the date of the enactment of this section, the
8 Board shall submit to the Office recommendations con-
9 cerning:
10 ‘‘(1) the importance of deploying Next Genera-
11 tion 9–1–1 in rural and urban areas;
12 ‘‘(2) the importance of ensuring flexibility in
13 guidance, rules, and grant funding to allow for tech-
14 nology improvements;
15 ‘‘(3) the value of creating efficiencies related to
16 Next Generation 9–1–1 functions, including cyberse-
17 curity and the virtualization and sharing of core in-
18 frastructure;
19 ‘‘(4) the value of enabling effective coordination
20 among State, local, Tribal, and territorial govern-
21 ment entities to ensure that the needs of emergency
22 communications centers in both rural and urban
23 areas are taken into account in each plan for the co-
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24 ordination and implementation of Next Generation
25 9–1–1; and
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1 ‘‘(5) the relevance of existing cybersecurity re-
2 sources to Next Generation 9–1–1 procurement and
3 deployment.
4 ‘‘(h) CONSIDERATION BY THE OFFICE.—The Office
5 shall consider the recommendations of the Board as the
6 Office carries out the responsibilities of the Office under
7 this section.
8 ‘‘(i) EXEMPTION FROM FACA.—The Federal Advi-
9 sory Committee Act (5 U.S.C. App.) shall not apply to
10 the Board.
11 ‘‘(j) DURATION OF AUTHORITY.—The Board shall re-
12 main in place throughout the period that grant funds are
13 authorized under section 159(b)(1) to provide additional
14 advice from time to time to the Office.’’.
15 (e) SAVINGS PROVISION.—Nothing in this section or
16 any amendment made by this section shall affect any ap-
17 plication pending or grant awarded under section 158 of
18 the National Telecommunications and Information Ad-
19 ministration Organization Act (47 U.S.C. 942) before the
20 date of the enactment of this section.
21 TITLE II—DRINKING WATER
22 INFRASTRUCTURE
23 SEC. 20001. DRINKING WATER SRF FUNDING.
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24 (a) FUNDING.—
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1 (1) STATE REVOLVING LOAN FUNDS.—Section
2 1452(m)(1) of the Safe Drinking Water Act (42
3 U.S.C. 300j–12(m)(1)) is amended—
4 (A) in subparagraph (B), by striking
5 ‘‘and’’;
6 (B) in subparagraph (C), by striking
7 ‘‘2021.’’ and inserting ‘‘2021;’’; and
8 (C) by adding at the end the following:
9 ‘‘(D) $4,140,000,000 for fiscal year 2022;
10 ‘‘(E) $4,800,000,000 for fiscal year 2023;
11 and
12 ‘‘(F) $5,500,000,000 for each of fiscal
13 years 2024 through 2026.’’.
14 (2) INDIAN RESERVATION DRINKING WATER
15 PROGRAM.—Section 2001(d) of America’s Water In-
16 frastructure Act of 2018 (Public Law 115–270) is
17 amended by striking ‘‘2022’’ and inserting ‘‘2026’’.
18 (3) VOLUNTARY SCHOOL AND CHILD CARE PRO-
19 GRAM LEAD TESTING GRANT PROGRAM.—Section
20 1464(d)(8) of the Safe Drinking Water Act (42
21 U.S.C. 300j–24(d)(8)) is amended by striking ‘‘and
22 2021’’ and inserting ‘‘through 2026’’.
23 (4) DRINKING WATER FOUNTAIN REPLACE-
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24 MENT FOR SCHOOLS.—Section 1465(d) of the Safe
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1 Drinking Water Act (42 U.S.C. 300j–25(d)) is
2 amended by striking ‘‘2021’’ and inserting ‘‘2026’’.
3 (5) GRANTS FOR STATE PROGRAMS.—Section
4 1443(a)(7) of the Safe Drinking Water Act (42
5 U.S.C. 300j–2(a)(7)) is amended by striking ‘‘and
6 2021’’ and inserting ‘‘through 2026’’.
7 (b) AMERICAN IRON AND STEEL PRODUCTS.—Sec-
8 tion 1452(a)(4)(A) of the Safe Drinking Water Act (42
9 U.S.C. 300j–12(a)(4)(A)) is amended by striking ‘‘During
10 fiscal years 2019 through 2023, funds’’ and inserting
11 ‘‘Funds’’.
12 SEC. 20002. DRINKING WATER SYSTEM RESILIENCE FUND-
13 ING.
14 Section 1433(g)(6) of the Safe Drinking Water Act
15 (42 U.S.C. 300i–2(g)(6)) is amended—
16 (1) by striking ‘‘25,000,000’’ and inserting
17 ‘‘50,000,000’’; and
18 (2) by striking ‘‘2020 and 2021’’ and inserting
19 ‘‘2022 through 2026’’.
20 SEC. 20003. PFAS TREATMENT GRANTS.
21 (a) ESTABLISHMENT OF PFAS INFRASTRUCTURE
22 GRANT PROGRAM.—Part E of the Safe Drinking Water
23 Act (42 U.S.C. 300j et seq.) is amended by adding at the
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24 end the following new section:
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1 ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS-
2 TEMS AFFECTED BY PFAS.
3 ‘‘(a) ESTABLISHMENT.—Not later than 180 days
4 after the date of enactment of this section, the Adminis-
5 trator shall establish a program to award grants to af-
6 fected community water systems to pay for capital costs
7 associated with the implementation of eligible treatment
8 technologies.
9 ‘‘(b) APPLICATIONS.—
10 ‘‘(1) GUIDANCE.—Not later than 12 months
11 after the date of enactment of this section, the Ad-
12 ministrator shall publish guidance describing the
13 form and timing for community water systems to
14 apply for grants under this section.
15 ‘‘(2) REQUIRED INFORMATION.—The Adminis-
16 trator shall require a community water system ap-
17 plying for a grant under this section to submit—
18 ‘‘(A) information showing the presence of
19 PFAS in water of the community water system;
20 and
21 ‘‘(B) a certification that the treatment
22 technology in use by the community water sys-
23 tem at the time of application is not sufficient
24 to remove all detectable amounts of PFAS.
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25 ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH-
26 NOLOGIES.—Not later than 150 days after the date of en-
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1 actment of this section, and every 2 years thereafter, the
2 Administrator shall publish a list of treatment tech-
3 nologies that the Administrator determines are effective
4 at removing all detectable amounts of PFAS from drink-
5 ing water.
6 ‘‘(d) PRIORITY FOR FUNDING.—In awarding grants
7 under this section, the Administrator shall prioritize af-
8 fected community water systems that—
9 ‘‘(1) serve a disadvantaged community;
10 ‘‘(2) will provide at least a 10-percent cost
11 share for the cost of implementing an eligible treat-
12 ment technology; or
13 ‘‘(3) demonstrate the capacity to maintain the
14 eligible treatment technology to be implemented
15 using the grant.
16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
17 ‘‘(1) IN GENERAL.—There is authorized to be
18 appropriated to carry out this section not more than
19 $500,000,000 for each of the fiscal years 2022
20 through 2026.
21 ‘‘(2) SPECIAL RULE.—Of the amounts author-
22 ized to be appropriated by paragraph (1),
23 $25,000,000 are authorized to be appropriated for
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24 each of fiscal years 2022 and 2023 for grants under
25 subsection (a) to pay for capital costs associated
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1 with the implementation of eligible treatment tech-
2 nologies during the period beginning on October 1,
3 2014, and ending on the date of enactment of this
4 section.
5 ‘‘(f) DEFINITIONS.—In this section:
6 ‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.—
7 The term ‘affected community water system’ means
8 a community water system that is affected by the
9 presence of PFAS in the water in the community
10 water system.
11 ‘‘(2) DISADVANTAGED COMMUNITY.—The term
12 ‘disadvantaged community’ has the meaning given
13 that term in section 1452.
14 ‘‘(3) ELIGIBLE TREATMENT TECHNOLOGY.—
15 The term ‘eligible treatment technology’ means a
16 treatment technology included on the list published
17 under subsection (c).’’.
18 (b) DEFINITION.—
19 Section 1401 of the Safe Drinking Water Act
20 (42 U.S.C. 300f) is amended by adding at the end
21 the following:
22 ‘‘(17) PFAS.—The term ‘PFAS’ means a
23 perfluoroalkyl or polyfluoroalkyl substance with at
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24 least one fully fluorinated carbon atom.’’.
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1 SEC. 20004. LEAD SERVICE LINE REPLACEMENT.
2 (a) IN GENERAL.—Section 1452 of the Safe Drink-
3 ing Water Act (42 U.S.C. 300j–12) is amended by adding
4 at the end the following:
5 ‘‘(u) LEAD SERVICE LINE REPLACEMENT.—
6 ‘‘(1) IN GENERAL.—In addition to the capital-
7 ization grants to eligible States under subsection
8 (a)(1), the Administrator shall offer to enter into
9 agreements with eligible States, Indian Tribes, and
10 the territories described in subsection (j) to make
11 capitalization grants, including letters of credit, to
12 such States, Indian Tribes, and territories under
13 this subsection to fund the replacement of lead serv-
14 ice lines.
15 ‘‘(2) ALLOTMENTS.—
16 ‘‘(A) STATES.—Funds made available
17 under this subsection shall be allotted and real-
18 lotted to the extent practicable, to States as if
19 allotted or reallotted under subsection (a)(1) as
20 a capitalization grant under such subsection.
21 ‘‘(B) INDIAN TRIBES.—The Administrator
22 shall set aside 11⁄2 percent of the amounts
23 made available each fiscal year to carry out this
24 subsection to make grants to Indian Tribes.
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25 ‘‘(C) OTHER AREAS.—The funds made
26 available under this subsection shall be allotted
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1 to territories described in subsection (j) in ac-
2 cordance with such subsection.
3 ‘‘(3) PRIORITY.—Each State that has entered
4 into a capitalization agreement pursuant to this sec-
5 tion shall annually prepare a plan that identifies the
6 intended uses of the amounts made available pursu-
7 ant to this subsection, which shall—
8 ‘‘(A) comply with the requirements of sub-
9 section (b)(2); and
10 ‘‘(B) provide, to the maximum extent prac-
11 ticable, that priority for the use of funds be
12 given to projects that replace lead service lines
13 serving disadvantaged communities and envi-
14 ronmental justice communities.
15 ‘‘(4) AMERICAN MADE IRON AND STEEL AND
16 PREVAILING WAGES.—The requirements of para-
17 graphs (4) and (5) of subsection (a) shall apply to
18 any project carried out in whole or in part with
19 funds made available under this subsection.
20 ‘‘(5) LIMITATION.—
21 ‘‘(A) PROHIBITION ON PARTIAL LINE RE-
22 PLACEMENT.—None of the funds made avail-
23 able under this subsection may be used for par-
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24 tial lead service line replacement if, at the con-
25 clusion of the service line replacement, drinking
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1 water is delivered to a household, or to a prop-
2 erty under the jurisdiction of a local educational
3 agency, through a publicly or privately owned
4 portion of a lead service line.
5 ‘‘(B) NO HOMEOWNER CONTRIBUTION.—
6 Any recipient of funds made available under
7 this subsection shall offer to replace any pri-
8 vately owned portion of the lead service line at
9 no cost to the private owner.
10 ‘‘(6) STATE CONTRIBUTION.—Notwithstanding
11 subsection (e), agreements under paragraph (1) shall
12 not require that the State deposit in the State loan
13 fund from State moneys any contribution before re-
14 ceiving funds pursuant to this subsection.
15 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—
16 ‘‘(A) IN GENERAL.—There are authorized
17 to be appropriated to carry out this subsection
18 $4,500,000,000 for each of fiscal years 2022
19 through 2026. Such sums shall remain available
20 until expended.
21 ‘‘(B) ADDITIONAL AMOUNTS.—To the ex-
22 tent amounts authorized to be appropriated
23 under this subsection in any fiscal year are not
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24 appropriated in that fiscal year, such amounts
25 are authorized to be appropriated in a subse-
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1 quent fiscal year. Such sums shall remain avail-
2 able until expended.
3 ‘‘(8) DEFINITIONS.—For purposes of this sub-
4 section:
5 ‘‘(A) DISADVANTAGED COMMUNITY.—The
6 term ‘disadvantaged community’ has the mean-
7 ing given such term in subsection (d)(3).
8 ‘‘(B) ENVIRONMENTAL JUSTICE COMMU-
9 NITY.—The term ‘environmental justice com-
10 munity’ means any population of color, commu-
11 nity of color, indigenous community, or low-in-
12 come community that experiences a dispropor-
13 tionate burden of the negative human health
14 and environmental impacts of pollution or other
15 environmental hazards.
16 ‘‘(C) LEAD SERVICE LINE.—The term
17 ‘lead service line’ means a pipe and its fittings,
18 which are not lead free (as defined in section
19 1417(d)), that connect the drinking water main
20 to the building inlet.’’.
21 (b) CONFORMING AMENDMENT.—Section
22 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C.
23 300j–12(m)(1)) is amended by striking ‘‘(a)(2)(G) and
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24 (t)’’ and inserting ‘‘(a)(2)(G), (t), and (u)’’.
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1 SEC. 20005. ASSISTANCE FOR AREAS AFFECTED BY NAT-
2 URAL DISASTERS.
3 Section 2020 of America’s Water Infrastructure Act
4 of 2018 (Public Law 115–270) is amended—
5 (1) in subsection (b)(1), by striking ‘‘subsection
6 (e)(1)’’ and inserting ‘‘subsection (f)(1)’’;
7 (2) by redesignating subsections (c) through (e)
8 as subsections (d) through (f), respectively;
9 (3) by inserting after subsection (b) the fol-
10 lowing:
11 ‘‘(c) ASSISTANCE FOR TERRITORIES.—The Adminis-
12 trator may use funds made available under subsection
13 (f)(1) to make grants to Guam, the Virgin Islands, Amer-
14 ican Samoa, and the Northern Mariana Islands for the
15 purposes of providing assistance to eligible systems to re-
16 store or increase compliance with national primary drink-
17 ing water regulations.’’; and
18 (4) in subsection (f), as so redesignated—
19 (A) in the heading, by striking ‘‘STATE
20 REVOLVING FUND CAPITALIZATION’’; and
21 (B) in paragraph (1)—
22 (i) in the matter preceding subpara-
23 graph (A), by inserting ‘‘and to make
24 grants under subsection (c) of this sec-
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25 tion,’’ before ‘‘to be available’’; and
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1 (ii) in subparagraph (A), by inserting
2 ‘‘or subsection (c), as applicable’’ after
3 ‘‘subsection (b)(1)’’.
4 SEC. 20006. ALLOTMENTS FOR TERRITORIES.
5 Section 1452(j) of the Safe Drinking Water Act (42
6 U.S.C. 300j–12(j)) is amended by striking ‘‘0.33 percent’’
7 and inserting ‘‘1.5 percent’’.
8 TITLE III—CLEAN ENERGY
9 INFRASTRUCTURE
10 Subtitle A—Grid Security and
11 Modernization
12 SEC. 31001. 21ST CENTURY POWER GRID.
13 (a) IN GENERAL.—The Secretary of Energy shall es-
14 tablish a program to provide financial assistance to eligible
15 partnerships to carry out projects related to the mod-
16 ernization of the electric grid, including—
17 (1) projects for the deployment of technologies
18 to improve monitoring of, advanced controls for, and
19 prediction of performance of, a distribution system;
20 and
21 (2) projects related to transmission system
22 planning and operation.
23 (b) ELIGIBLE PROJECTS.—Projects for which an eli-
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24 gible partnership may receive financial assistance under
25 subsection (a)—
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1 (1) shall be designed to improve the resiliency,
2 performance, or efficiency of the electric grid, while
3 ensuring the continued provision of safe, secure, reli-
4 able, and affordable power;
5 (2) may be designed to deploy a new product or
6 technology that could be used by customers of an
7 electric utility; and
8 (3) shall demonstrate—
9 (A) secure integration and management of
10 energy resources, including through distributed
11 energy generation, combined heat and power,
12 microgrids, energy storage, electric vehicles
13 charging infrastructure, energy efficiency, de-
14 mand response, or controllable loads; or
15 (B) secure integration and interoperability
16 of communications and information technologies
17 related to the electric grid.
18 (c) CYBERSECURITY PLAN.—Each project carried
19 out with financial assistance provided under subsection (a)
20 shall include the development of a cybersecurity plan writ-
21 ten in accordance with guidelines developed by the Sec-
22 retary of Energy.
23 (d) PRIVACY EFFECTS ANALYSIS.—Each project car-
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24 ried out with financial assistance provided under sub-
25 section (a) shall include a privacy effects analysis that
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1 evaluates the project in accordance with the Voluntary
2 Code of Conduct of the Department of Energy, commonly
3 known as the ‘‘DataGuard Energy Data Privacy Pro-
4 gram’’, or the most recent revisions to the privacy pro-
5 gram of the Department.
6 (e) DEFINITIONS.—In this section:
7 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
8 ble partnership’’ means a partnership consisting of
9 two or more entities, which—
10 (A) may include—
11 (i) any institution of higher education;
12 (ii) a National Laboratory;
13 (iii) a State or a local government or
14 other public body created by or pursuant
15 to State law;
16 (iv) an Indian Tribe;
17 (v) a Federal power marketing admin-
18 istration; or
19 (vi) an entity that develops and pro-
20 vides technology; and
21 (B) shall include at least one of any of—
22 (i) an electric utility;
23 (ii) a Regional Transmission Organi-
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24 zation; or
25 (iii) an Independent System Operator.
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1 (2) ELECTRIC UTILITY.—The term ‘‘electric
2 utility’’ has the meaning given that term in section
3 3(22) of the Federal Power Act (16 U.S.C.
4 796(22)), except that such term does not include an
5 entity described in subparagraph (B) of such sec-
6 tion.
7 (3) FEDERAL POWER MARKETING ADMINISTRA-
8 TION.—The term ‘‘Federal power marketing admin-
9 istration’’ means the Bonneville Power Administra-
10 tion, the Southeastern Power Administration, the
11 Southwestern Power Administration, or the Western
12 Area Power Administration.
13 (4) INDEPENDENT SYSTEM OPERATOR; RE-
14 GIONAL TRANSMISSION ORGANIZATION.—The terms
15 ‘‘Independent System Operator’’ and ‘‘Regional
16 Transmission Organization’’ have the meanings
17 given those terms in section 3 of the Federal Power
18 Act (16 U.S.C. 796).
19 (5) INSTITUTION OF HIGHER EDUCATION.—The
20 term ‘‘institution of higher education’’ has the
21 meaning given that term in section 101(a) of the
22 Higher Education Act of 1965 (20 U.S.C. 1001(a)).
23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
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24 authorized to be appropriated to the Secretary of Energy
25 to carry out this section $700,000,000 for each of fiscal
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1 years 2022 through 2026, to remain available until ex-
2 pended.
3 SEC. 31002. STRATEGIC TRANSFORMER RESERVE PRO-
4 GRAM.
5 (a) ESTABLISHMENT.—The Secretary of Energy
6 shall establish a program to reduce the vulnerability of the
7 electric grid to physical attack, cyber attack, electro-
8 magnetic pulse, geomagnetic disturbances, severe weather,
9 climate change, and seismic events, including by—
10 (1) ensuring that large power transformers,
11 generator step-up transformers, and other critical
12 electric grid equipment are strategically located to
13 ensure timely replacement of such equipment as may
14 be necessary to restore electric grid function rapidly
15 in the event of severe damage to the electric grid
16 due to physical attack, cyber attack, electromagnetic
17 pulse, geomagnetic disturbances, severe weather, cli-
18 mate change, or seismic events; and
19 (2) establishing a coordinated plan to facilitate
20 transportation of large power transformers and
21 other critical electric grid equipment.
22 (b) TRANSFORMER RESILIENCE AND ADVANCED
23 COMPONENTS PROGRAM.—The program established
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24 under subsection (a) shall include implementation of the
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1 Transformer Resilience and Advanced Components pro-
2 gram to—
3 (1) improve large power transformers and other
4 critical electric grid equipment by reducing their
5 vulnerabilities; and
6 (2) develop, test, and deploy innovative equip-
7 ment designs that are more flexible and offer greater
8 resiliency of electric grid functions.
9 (c) STRATEGIC EQUIPMENT RESERVES.—
10 (1) AUTHORIZATION.—In carrying out the pro-
11 gram established under subsection (a), the Secretary
12 may establish one or more federally owned strategic
13 equipment reserves, as appropriate, to ensure na-
14 tionwide access to reserve equipment.
15 (2) CONSIDERATION.—In establishing any fed-
16 erally owned strategic equipment reserve, the Sec-
17 retary may consider existing spare transformer and
18 equipment programs and requirements established
19 by the private sector, regional transmission opera-
20 tors, independent system operators, and State regu-
21 latory authorities.
22 (d) CONSULTATION.—The program established under
23 subsection (a) shall be carried out in consultation with the
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24 Federal Energy Regulatory Commission, the Electricity
25 Subsector Coordinating Council, the Electric Reliability
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1 Organization, and owners and operators of critical electric
2 infrastructure and defense and military installations.
3 (e) AUTHORIZATION OF APPROPRIATIONS.—There
4 are authorized to be appropriated to carry out this section
5 $75,000,000 for each of fiscal years 2022 through 2026.
6 Subtitle B—Energy Efficient
7 Infrastructure
8 PART 1—EFFICIENCY GRANTS FOR STATE AND
9 LOCAL GOVERNMENTS
10 SEC. 32101. ENERGY EFFICIENT PUBLIC BUILDINGS.
11 (a) GRANTS.—Section 125(a) of the Energy Policy
12 Act of 2005 (42 U.S.C. 15822(a)) is amended—
13 (1) in paragraph (1)—
14 (A) by inserting ‘‘Standard 90.1 of the
15 American Society of Heating, Refrigerating,
16 and Air-Conditioning Engineers,’’ after ‘‘the
17 International Energy Conservation Code,’’; and
18 (B) by striking ‘‘; or’’ and inserting a
19 semicolon;
20 (2) in paragraph (2), by striking the period at
21 the end and inserting ‘‘; or’’; and
22 (3) by adding at the end the following:
23 ‘‘(3) through benchmarking programs to enable
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24 use of building performance data to evaluate the
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1 performance of energy efficiency investments over
2 time.’’.
3 (b) ASSURANCE OF IMPROVEMENT.—Section 125 of
4 the Energy Policy Act of 2005 (42 U.S.C. 15822) is
5 amended by redesignating subsections (b) and (c) as sub-
6 sections (c) and (d), respectively, and inserting after sub-
7 section (a) the following:
8 ‘‘(b) ASSURANCE OF IMPROVEMENT.—
9 ‘‘(1) VERIFICATION.—A State agency receiving
10 a grant for activities described in paragraph (1) or
11 (2) of subsection (a) shall ensure, as a condition of
12 eligibility for assistance pursuant to such grant, that
13 a unit of local government receiving such assistance
14 obtain third-party verification of energy efficiency
15 improvements in each public building with respect to
16 which such assistance is used.
17 ‘‘(2) GUIDANCE.—The Secretary may provide
18 guidance to State agencies to comply with paragraph
19 (1). In developing such guidance, the Secretary shall
20 consider available third-party verification tools for
21 high-performing buildings and available third-party
22 verification tools for energy efficiency retrofits.’’.
23 (c) ADMINISTRATION.—Section 125(c) of the Energy
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24 Policy Act of 2005, as so redesignated, is amended—
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1 (1) in the matter preceding paragraph (1), by
2 striking ‘‘State energy offices receiving grants’’ and
3 inserting ‘‘A State agency receiving a grant’’;
4 (2) in paragraph (1), by striking ‘‘; and’’ and
5 inserting a semicolon;
6 (3) in paragraph (2), by striking the period at
7 the end and inserting ‘‘; and’’; and
8 (4) by adding at the end the following:
9 ‘‘(3) ensure that all laborers and mechanics em-
10 ployed by contractors and subcontractors in the per-
11 formance of construction, alteration, or repair work
12 financed in whole or in part with assistance received
13 pursuant to this section shall be paid wages at rates
14 not less than those prevailing on projects of a simi-
15 lar character in the locality, as determined by the
16 Secretary of Labor in accordance with subchapter
17 IV of chapter 31 of title 40, United States Code
18 (and with respect to such labor standards, the Sec-
19 retary of Labor shall have the authority and func-
20 tions set forth in Reorganization Plan Numbered 14
21 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
22 3145 of title 40, United States Code).’’.
23 (d) AUTHORIZATION OF APPROPRIATIONS.—Section
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24 125(d) of the Energy Policy Act of 2005, as so redesig-
25 nated, is amended by striking ‘‘$30,000,000 for each of
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1 fiscal years 2006 through 2010’’ and inserting
2 ‘‘$100,000,000 for each of fiscal years 2022 through
3 2026’’.
4 SEC. 32102. ENERGY EFFICIENCY AND CONSERVATION
5 BLOCK GRANT PROGRAM.
6 (a) PURPOSE.—Section 542(b)(1) of the Energy
7 Independence and Security Act of 2007 (42 U.S.C.
8 17152(b)(1)) is amended—
9 (1) in subparagraph (A), by striking ‘‘; and’’
10 and inserting a semicolon;
11 (2) in subparagraph (B), by striking the semi-
12 colon and inserting ‘‘; and’’; and
13 (3) by adding at the end the following:
14 ‘‘(C) diversifies energy supplies, including
15 by facilitating and promoting the use of alter-
16 native fuels;’’.
17 (b) USE OF FUNDS.—Section 544 of the Energy
18 Independence and Security Act of 2007 (42 U.S.C.
19 17154) is amended—
20 (1) by amending paragraph (9) to read as fol-
21 lows:
22 ‘‘(9) deployment of energy distribution tech-
23 nologies that significantly increase energy efficiency
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24 or expand access to alternative fuels, including—
25 ‘‘(A) distributed resources;
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1 ‘‘(B) district heating and cooling systems;
2 and
3 ‘‘(C) infrastructure for delivering alter-
4 native fuels;’’;
5 (2) in paragraph (13)(D), by striking ‘‘and’’;
6 (3) by redesignating paragraph (14) as para-
7 graph (15); and
8 (4) by adding after paragraph (13) the fol-
9 lowing:
10 ‘‘(14) programs for financing energy efficiency,
11 renewable energy, and zero-emission transportation
12 (and associated infrastructure) capital investments,
13 projects, and programs—
14 ‘‘(A) which may include loan programs and
15 performance contracting programs for
16 leveraging of additional public and private sec-
17 tor funds, and programs which allow rebates,
18 grants, or other incentives for the purchase and
19 installation of energy efficiency, renewable en-
20 ergy, and zero-emission transportation (and as-
21 sociated infrastructure) measures; or
22 ‘‘(B) in addition to or in lieu of programs
23 described in subparagraph (A), which may be
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24 used in connection with public or nonprofit
25 buildings owned and operated by a State, a po-
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1 litical subdivision of a State or an agency or in-
2 strumentality of a State, or an organization ex-
3 empt from taxation under section 501(c)(3) of
4 title 26, United States Code; and’’.
5 (c) COMPETITIVE GRANTS.—Section 546(c)(2) of the
6 Energy Independence and Security Act of 2007 (42
7 U.S.C. 17156(c)(2)) is amended by inserting ‘‘, including
8 projects to expand the use of alternative fuels’’ before the
9 period at the end.
10 (d) FUNDING.—Section 548(a) of the Energy Inde-
11 pendence and Security Act of 2007 (42 U.S.C. 17158(a))
12 is amended to read as follows:
13 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
14 ‘‘(1) GRANTS.—There is authorized to be ap-
15 propriated to the Secretary for the provision of
16 grants under the program $3,500,000,000 for each
17 of fiscal years 2022 through 2026.
18 ‘‘(2) ADMINISTRATIVE COSTS.—There is au-
19 thorized to be appropriated to the Secretary for ad-
20 ministrative expenses of the program $35,000,000
21 for each of fiscal years 2022 through 2026.’’.
22 (e) TECHNICAL AMENDMENTS.—Section 543 of the
23 Energy Independence and Security Act of 2007 (42
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24 U.S.C. 17153) is amended—
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1 (1) in subsection (c), by striking ‘‘subsection
2 (a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and
3 (2) in subsection (d), by striking ‘‘subsection
4 (a)(3)’’ and inserting ‘‘subsection (a)(4)’’.
5 PART 2—ENERGY IMPROVEMENTS AT PUBLIC
6 SCHOOL FACILITIES
7 SEC. 32201. GRANTS FOR ENERGY EFFICIENCY IMPROVE-
8 MENTS AND RENEWABLE ENERGY IMPROVE-
9 MENTS AT PUBLIC SCHOOL FACILITIES.
10 (a) DEFINITIONS.—In this section:
11 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
12 ty’’ means a consortium of—
13 (A) one local educational agency; and
14 (B) one or more—
15 (i) schools;
16 (ii) nonprofit organizations;
17 (iii) for-profit organizations; or
18 (iv) community partners that have the
19 knowledge and capacity to partner and as-
20 sist with energy improvements.
21 (2) ENERGY IMPROVEMENTS.—The term ‘‘en-
22 ergy improvements’’ means—
23 (A) any improvement, repair, or renova-
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24 tion, to a school that will result in a direct re-
25 duction in school energy costs including but not
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1 limited to improvements to building envelope,
2 air conditioning, ventilation, heating system, do-
3 mestic hot water heating, compressed air sys-
4 tems, distribution systems, lighting, power sys-
5 tems and controls;
6 (B) any improvement, repair, renovation,
7 or installation that leads to an improvement in
8 teacher and student health including but not
9 limited to indoor air quality, daylighting, ven-
10 tilation, electrical lighting, and acoustics; and
11 (C) the installation of renewable energy
12 technologies (such as wind power, photovoltaics,
13 solar thermal systems, geothermal energy, hy-
14 drogen-fueled systems, biomass-based systems,
15 biofuels, anaerobic digesters, and hydropower)
16 involved in the improvement, repair, or renova-
17 tion to a school.
18 (b) AUTHORITY.—From amounts made available for
19 grants under this section, the Secretary of Energy shall
20 provide competitive grants to eligible entities to make en-
21 ergy improvements authorized by this section.
22 (c) PRIORITY.—In making grants under this sub-
23 section, the Secretary shall give priority to eligible entities
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24 that have renovation, repair, and improvement funding
25 needs and are—
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1 (1) a high-need local educational agency, as de-
2 fined in section 2102 of the Elementary and Sec-
3 ondary Education Act of 1965 (20 U.S.C. 6602); or
4 (2) a local educational agency designated with
5 a metrocentric locale code of 41, 42, or 43 as deter-
6 mined by the National Center for Education Statis-
7 tics (NCES), in conjunction with the Bureau of the
8 Census, using the NCES system for classifying local
9 educational agencies.
10 (d) COMPETITIVE CRITERIA.—The competitive cri-
11 teria used by the Secretary shall include the following:
12 (1) The fiscal capacity of the eligible entity to
13 meet the needs for improvements of school facilities
14 without assistance under this section, including the
15 ability of the eligible entity to raise funds through
16 the use of local bonding capacity and otherwise.
17 (2) The likelihood that the local educational
18 agency or eligible entity will maintain, in good condi-
19 tion, any facility whose improvement is assisted.
20 (3) The potential energy efficiency and safety
21 benefits from the proposed energy improvements.
22 (e) APPLICATIONS.—To be eligible to receive a grant
23 under this section, an applicant must submit to the Sec-
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24 retary an application that includes each of the following:
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1 (1) A needs assessment of the current condition
2 of the school and facilities that are to receive the en-
3 ergy improvements.
4 (2) A draft work plan of what the applicant
5 hopes to achieve at the school and a description of
6 the energy improvements to be carried out.
7 (3) A description of the applicant’s capacity to
8 provide services and comprehensive support to make
9 the energy improvements.
10 (4) An assessment of the applicant’s expected
11 needs for operation and maintenance training funds,
12 and a plan for use of those funds, if any.
13 (5) An assessment of the expected energy effi-
14 ciency and safety benefits of the energy improve-
15 ments.
16 (6) A cost estimate of the proposed energy im-
17 provements.
18 (7) An identification of other resources that are
19 available to carry out the activities for which funds
20 are requested under this section, including the avail-
21 ability of utility programs and public benefit funds.
22 (f) USE OF GRANT AMOUNTS.—
23 (1) IN GENERAL.—The recipient of a grant
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24 under this section shall use the grant amounts only
25 to make the energy improvements contemplated in
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1 the application, subject to the other provisions of
2 this subsection.
3 (2) OPERATION AND MAINTENANCE TRAIN-
4 ING.—The recipient may use up to 5 percent for op-
5 eration and maintenance training for energy effi-
6 ciency and renewable energy improvements (such as
7 maintenance staff and teacher training, education,
8 and preventative maintenance training).
9 (3) AUDIT.—The recipient may use funds for a
10 third-party investigation and analysis for energy im-
11 provements (such as energy audits and existing
12 building commissioning).
13 (4) CONTINUING EDUCATION.—The recipient
14 may use up to 1 percent of the grant amounts to de-
15 velop a continuing education curriculum relating to
16 energy improvements.
17 (g) CONTRACTING REQUIREMENTS.—
18 (1) DAVIS-BACON.—Any laborer or mechanic
19 employed by any contractor or subcontractor in the
20 performance of work on any energy improvements
21 funded by a grant under this section shall be paid
22 wages at rates not less than those prevailing on
23 similar construction in the locality as determined by
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24 the Secretary of Labor under subchapter IV of chap-
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1 ter 31 of title 40, United States Code (commonly re-
2 ferred to as the Davis-Bacon Act).
3 (2) COMPETITION.—Each applicant that re-
4 ceives funds shall ensure that, if the applicant car-
5 ries out repair or renovation through a contract, any
6 such contract process—
7 (A) ensures the maximum number of quali-
8 fied bidders, including small, minority, and
9 women-owned businesses, through full and open
10 competition; and
11 (B) gives priority to businesses located in,
12 or resources common to, the State or the geo-
13 graphical area in which the project is carried
14 out.
15 (h) REPORTING.—Each recipient of a grant under
16 this section shall submit to the Secretary, at such time
17 as the Secretary may require, a report describing the use
18 of such funds for energy improvements, the estimated cost
19 savings realized by those energy improvements, the results
20 of any audit, the use of any utility programs and public
21 benefit funds and the use of performance tracking for en-
22 ergy improvements (such as the Department of Energy:
23 Energy Star program or LEED for Existing Buildings).
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1 (i) BEST PRACTICES.—The Secretary shall develop
2 and publish guidelines and best practices for activities car-
3 ried out under this section.
4 (j) AUTHORIZATION OF APPROPRIATIONS.—There is
5 authorized to be appropriated to carry out this section
6 $100,000,000 for each of fiscal years 2022 through 2026.
7 PART 3—HOPE FOR HOMES
8 SEC. 32301. DEFINITIONS.
9 In this part:
10 (1) CONTRACTOR CERTIFICATION.—The term
11 ‘‘contractor certification’’ means an industry recog-
12 nized certification that may be obtained by a resi-
13 dential contractor to advance the expertise and edu-
14 cation of the contractor in energy efficiency retrofits
15 of residential buildings, including—
16 (A) a certification provided by—
17 (i) the Building Performance Insti-
18 tute;
19 (ii) the Air Conditioning Contractors
20 of America;
21 (iii) the National Comfort Institute;
22 (iv) the North American Technician
23 Excellence;
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24 (v) RESNET;
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1 (vi) the United States Green Building
2 Council; or
3 (vii) Home Innovation Research Labs;
4 and
5 (B) any other certification the Secretary
6 determines appropriate for purposes of the
7 Home Energy Savings Retrofit Rebate Pro-
8 gram.
9 (2) CONTRACTOR COMPANY.—The term ‘‘con-
10 tractor company’’ means a company—
11 (A) the business of which is to provide
12 services to residential building owners with re-
13 spect to HVAC systems, insulation, air sealing,
14 or other services that are approved by the Sec-
15 retary;
16 (B) that holds the licenses and insurance
17 required by the State in which the company
18 provides services; and
19 (C) that provides services for which a par-
20 tial system rebate, measured performance re-
21 bate, or modeled performance rebate may be
22 provided pursuant to the Home Energy Savings
23 Retrofit Rebate Program.
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24 (3) ENERGY AUDIT.—The term ‘‘energy audit’’
25 means an inspection, survey, and analysis of the en-
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1 ergy use of a building, including the building enve-
2 lope and HVAC system.
3 (4) HOME.—The term ‘‘home’’ means a manu-
4 factured home (as such term is defined in section
5 603 of the National Manufactured Housing Con-
6 struction and Safety Standards Act of 1974 (42
7 U.S.C. 5402)), or a residential dwelling unit in a
8 building with no more than 4 dwelling units that—
9 (A) is located in the United States;
10 (B) was constructed before the date of en-
11 actment of this Act; and
12 (C) is occupied at least 6 months out of
13 the year.
14 (5) HOME ENERGY SAVINGS RETROFIT REBATE
15 PROGRAM.—The term ‘‘Home Energy Savings Ret-
16 rofit Rebate Program’’ means the Home Energy
17 Savings Retrofit Rebate Program established under
18 section 32321.
19 (6) HOMEOWNER.—The term ‘‘homeowner’’
20 means the owner of an owner-occupied home or a
21 tenant-occupied home.
22 (7) HOME VALUATION CERTIFICATION.—The
23 term ‘‘home valuation certification’’ means the fol-
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24 lowing home assessments:
25 (A) Home Energy Score.
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1 (B) PEARL Certification.
2 (C) National Green Building Standard.
3 (D) LEED.
4 (E) Any other assessment the Secretary
5 determines to be appropriate.
6 (8) HOPE QUALIFICATION.—The term ‘‘HOPE
7 Qualification’’ means the qualification described in
8 section 32313.
9 (9) HOPE TRAINING CREDIT.—The term
10 ‘‘HOPE training credit’’ means a HOPE training
11 task credit or a HOPE training supplemental credit.
12 (10) HOPE TRAINING TASK CREDIT.—The
13 term ‘‘HOPE training task credit’’ means a credit
14 described in section 32312(a).
15 (11) HOPE TRAINING SUPPLEMENTAL CRED-
16 IT.—The term ‘‘HOPE training supplemental cred-
17 it’’ means a credit described in section 32312(b).
18 (12) HVAC SYSTEM.—The term ‘‘HVAC sys-
19 tem’’ means a system—
20 (A) consisting of a heating component, a
21 ventilation component, and an air-conditioning
22 component; and
23 (B) which components may include central
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24 air conditioning, a heat pump, a furnace, a boil-
25 er, a rooftop unit, and a window unit.
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1 (13) MEASURED PERFORMANCE REBATE.—The
2 term ‘‘measured performance rebate’’ means a re-
3 bate provided in accordance with section 32323 and
4 described in subsection (e) of that section.
5 (14) MODELED PERFORMANCE REBATE.—The
6 term ‘‘modeled performance rebate’’ means a rebate
7 provided in accordance with section 32323 and de-
8 scribed in subsection (d) of that section.
9 (15) MODERATE INCOME.—The term ‘‘mod-
10 erate income’’ means, with respect to a household, a
11 household with an annual income that is less than
12 80 percent of the area median income, as deter-
13 mined annually by the Department of Housing and
14 Urban Development.
15 (16) MULTIFAMILY BUILDING.—The term
16 ‘‘multifamily building’’ means a structure with 5 or
17 more tenant-occupied residential dwelling units
18 that—
19 (A) is located in the United States;
20 (B) was constructed before the date of en-
21 actment of this Act; and
22 (C) is occupied at least 6 months out of
23 the year.
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1 (17) MULTIFAMILY BUILDING OWNER.—The
2 term ‘‘multifamily building owner’’ means the owner
3 of a tenant-occupied multifamily building.
4 (18) PARTIAL SYSTEM REBATE.—The term
5 ‘‘partial system rebate’’ means a rebate provided in
6 accordance with section 32322.
7 (19) SECRETARY.—The term ‘‘Secretary’’
8 means the Secretary of Energy.
9 (20) STATE.—The term ‘‘State’’ includes—
10 (A) a State;
11 (B) the District of Columbia;
12 (C) the Commonwealth of Puerto Rico;
13 (D) Guam;
14 (E) American Samoa;
15 (F) the Commonwealth of the Northern
16 Mariana Islands;
17 (G) the United States Virgin Islands; and
18 (H) any other territory or possession of the
19 United States.
20 (21) STATE ENERGY OFFICE.—The term ‘‘State
21 energy office’’ means the office or agency of a State
22 responsible for developing the State energy conserva-
23 tion plan for the State under section 362 of the En-
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24 ergy Policy and Conservation Act (42 U.S.C. 6322).
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1 Subpart A—HOPE Training
2 SEC. 32311. NOTICE FOR HOPE QUALIFICATION TRAINING
3 AND GRANTS.
4 Not later than 30 days after the date of enactment
5 of this Act, the Secretary, acting through the Director of
6 the Building Technologies Office of the Department of
7 Energy, shall issue a notice that includes—
8 (1) criteria established under section 32312 for
9 approval by the Secretary of courses for which cred-
10 its may be issued for purposes of a HOPE Qualifica-
11 tion;
12 (2) a list of courses that meet such criteria and
13 are so approved; and
14 (3) information on how individuals and entities
15 may apply for grants under this subpart.
16 SEC. 32312. COURSE CRITERIA.
17 (a) HOPE TRAINING TASK CREDIT.—
18 (1) CRITERIA.—The Secretary shall establish
19 criteria for approval of a course for which a credit,
20 to be known as a HOPE training task credit, may
21 be issued, including that such course—
22 (A) is equivalent to at least 30 hours in
23 total course time;
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24 (B) is accredited by the Interstate Renew-
25 able Energy Council or is determined to be
26 equivalent by the Secretary;
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1 (C) is, with respect to a particular job,
2 aligned with the relevant National Renewable
3 Energy Laboratory Job Task Analysis, or other
4 credentialing program foundation that helps
5 identify the necessary core knowledge areas,
6 critical work functions, or skills, as approved by
7 the Secretary;
8 (D) has established learning objectives;
9 and
10 (E) includes, as the Secretary determines
11 appropriate, an appropriate assessment of such
12 learning objectives that may include a final
13 exam, to be proctored on-site or through remote
14 proctoring, or an in-person field exam.
15 (2) INCLUDED COURSES.—The Secretary shall
16 approve one or more courses that meet the criteria
17 described in paragraph (1) for training related to—
18 (A) contractor certification;
19 (B) energy auditing or assessment, includ-
20 ing energy audits and assessments relevant to
21 multifamily buildings;
22 (C) home and multifamily building energy
23 systems (including HVAC systems);
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24 (D) insulation installation and air leakage
25 control;
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1 (E) health and safety regarding the instal-
2 lation of energy efficiency measures or health
3 and safety impacts associated with energy effi-
4 ciency retrofits; and
5 (F) indoor air quality.
6 (b) HOPE TRAINING SUPPLEMENTAL CREDIT CRI-
7 TERIA.—The Secretary shall establish criteria for approval
8 of a course for which a credit, to be known as a HOPE
9 training supplemental credit, may be issued, including
10 that such course provides—
11 (1) training related to—
12 (A) small business success, including man-
13 agement, home energy efficiency software, or
14 general accounting principles;
15 (B) the issuance of a home valuation cer-
16 tification;
17 (C) the use of Wi-Fi-enabled technology in
18 an energy efficiency upgrade; or
19 (D) understanding and being able to par-
20 ticipate in the Home Energy Savings Retrofit
21 Rebate Program; and
22 (2) as the Secretary determines appropriate, an
23 appropriate assessment of such training that may in-
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24 clude a final exam, to be proctored on-site or
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1 through remote proctoring, or an in-person field
2 exam.
3 (c) EXISTING APPROVED COURSES.—The Secretary
4 may approve a course that meets the applicable criteria
5 established under this section that is approved by the ap-
6 plicable State energy office or relevant State agency with
7 oversight authority for residential energy efficiency pro-
8 grams.
9 (d) IN-PERSON AND ONLINE TRAINING.—An online
10 course approved pursuant to this section may be con-
11 ducted in-person, but may not be offered exclusively in-
12 person.
13 SEC. 32313. HOPE QUALIFICATION.
14 (a) ISSUANCE OF CREDITS.—
15 (1) IN GENERAL.—The Secretary, or an entity
16 authorized by the Secretary pursuant to paragraph
17 (2), may issue—
18 (A) a HOPE training task credit to any
19 individual that completes a course that meets
20 applicable criteria under section 32312; and
21 (B) a HOPE training supplemental credit
22 to any individual that completes a course that
23 meets the applicable criteria under section
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24 32312.
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1 (2) OTHER ENTITIES.—The Secretary may au-
2 thorize a State energy office implementing an au-
3 thorized program under subsection (b)(2), an organi-
4 zation described in section 32314(b), and any other
5 entity the Secretary determines appropriate, to issue
6 HOPE training credits in accordance with para-
7 graph (1).
8 (b) HOPE QUALIFICATION.—
9 (1) IN GENERAL.—The Secretary may certify
10 that an individual has achieved a qualification, to be
11 known as a HOPE Qualification, that indicates that
12 the individual has received at least 3 HOPE training
13 credits, of which at least 2 shall be HOPE training
14 task credits.
15 (2) STATE PROGRAMS.—The Secretary may au-
16 thorize a State energy office to implement a pro-
17 gram to provide HOPE Qualifications in accordance
18 with this subpart.
19 SEC. 32314. GRANTS.
20 (a) IN GENERAL.—The Secretary shall, to the extent
21 amounts are made available in appropriations Acts for
22 such purposes, provide grants to support the training of
23 individuals toward the completion of a HOPE Qualifica-
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24 tion.
25 (b) PROVIDER ORGANIZATIONS.—
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1 (1) IN GENERAL.—The Secretary may provide a
2 grant of up to $20,000 under this section to an or-
3 ganization to provide training online, including es-
4 tablishing, modifying, or maintaining the online sys-
5 tems, staff time, and software and online program
6 management, through a course that meets the appli-
7 cable criteria established under section 32312.
8 (2) CRITERIA.—In order to receive a grant
9 under this subsection, an organization shall be—
10 (A) a nonprofit organization;
11 (B) an educational institution; or
12 (C) an organization that has experience
13 providing training to contractors that work with
14 the weatherization assistance program imple-
15 mented under part A of title IV of the Energy
16 Conservation and Production Act (42 U.S.C.
17 6861 et seq.) or equivalent experience, as deter-
18 mined by the Secretary.
19 (3) ADDITIONAL CERTIFICATIONS.—In addition
20 to any grant provided under paragraph (1), the Sec-
21 retary may provide an organization up to $5,000 for
22 each additional course for which a HOPE training
23 credit may be issued that is offered by the organiza-
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24 tion.
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1 (c) CONTRACTOR COMPANY.—The Secretary may
2 provide a grant under this section of $1,000 per employee
3 to a contractor company, up to a maximum of $10,000,
4 to reimburse the contractor company for training costs for
5 employees, and any home technology support needed for
6 an employee to receive training pursuant to this section.
7 Grant funds provided under this subsection may be used
8 to support wages of employees during training.
9 (d) TRAINEES.—The Secretary may provide a grant
10 of up to $1,000 under this section to an individual who
11 receives a HOPE Qualification.
12 (e) STATE ENERGY OFFICE.—The Secretary may
13 provide a grant under this section to a State energy office
14 of up to $25,000 to implement an authorized program
15 under section 32313(b).
16 SEC. 32315. AUTHORIZATION OF APPROPRIATIONS.
17 There is authorized to be appropriated to carry out
18 this subpart $500,000,000 for the period of fiscal years
19 2022 through 2026, to remain available until expended.
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1 Subpart B—Home Energy Savings Retrofit Rebate
2 Program
3 SEC. 32321. ESTABLISHMENT OF HOME ENERGY SAVINGS
4 RETROFIT REBATE PROGRAM.
5 The Secretary shall establish a program, to be known
6 as the Home Energy Savings Retrofit Rebate Program,
7 to—
8 (1) provide rebates in accordance with section
9 32322; and
10 (2) provide grants to States to carry out pro-
11 grams to provide rebates in accordance with section
12 32323.
13 SEC. 32322. PARTIAL SYSTEM REBATES.
14 (a) AMOUNT OF REBATE.—In carrying out the Home
15 Energy Savings Retrofit Rebate Program, and subject to
16 the availability of appropriations for such purpose, the
17 Secretary shall provide a homeowner or multifamily build-
18 ing owner a rebate, to be known as a partial system re-
19 bate, of, except as provided in section 32324, up to—
20 (1) $800 for the purchase and installation of
21 insulation and air sealing within a home of the
22 homeowner or the household living in a multifamily
23 building; and
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24 (2) $1,500 for the purchase and installation of
25 insulation and air sealing within a home of the
26 homeowner or the household living in a multifamily
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1 building and replacement of an HVAC system, the
2 heating component of an HVAC system, or the cool-
3 ing component of an HVAC system, of such home.
4 (b) SPECIFICATIONS.—
5 (1) COST.—The amount of a partial system re-
6 bate provided under this section shall, except as pro-
7 vided in section 32324, not exceed 30 percent of cost
8 of the purchase and installation of insulation and air
9 sealing under subsection (a)(1), or the purchase and
10 installation of insulation and air sealing and replace-
11 ment of an HVAC system, the heating component of
12 an HVAC system, or the cooling component of an
13 HVAC system, under subsection (a)(2). Labor may
14 be included in such cost but may not exceed—
15 (A) in the case of a rebate under sub-
16 section (a)(1), 50 percent of such cost; and
17 (B) in the case of a rebate under sub-
18 section (a)(2), 25 percent of such cost.
19 (2) REPLACEMENT OF AN HVAC SYSTEM, THE
20 HEATING COMPONENT OF AN HVAC SYSTEM, OR THE
21 COOLING COMPONENT OF AN HVAC SYSTEM.—In
22 order to qualify for a partial system rebate described
23 in subsection (a)(2)—
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24 (A) any HVAC system, heating component
25 of an HVAC system, or cooling component of
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1 an HVAC system installed shall be Energy Star
2 Most Efficient certified;
3 (B) installation of such an HVAC system,
4 the heating component of an HVAC system, or
5 the cooling component of an HVAC system,
6 shall be completed in accordance with standards
7 specified by the Secretary that are at least as
8 stringent as the applicable guidelines of the Air
9 Conditioning Contractors of America that are in
10 effect on the date of enactment of this Act;
11 (C) if ducts are present, replacement of an
12 HVAC system, the heating component of an
13 HVAC system, or the cooling component of an
14 HVAC system shall include duct sealing; and
15 (D) the installation of insulation and air
16 sealing shall occur within 6 months of the re-
17 placement of the HVAC system, the heating
18 component of an HVAC system, or the cooling
19 component of an HVAC system.
20 (c) ADDITIONAL INCENTIVES FOR CONTRACTORS.—
21 In carrying out the Home Energy Savings Retrofit Rebate
22 Program, the Secretary may provide a $250 payment to
23 a contractor per home of a homeowner or household living
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24 in a multifamily building for which—
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1 (1) a partial system rebate is provided under
2 this section for the installation of insulation and air
3 sealing, or installation of insulation and air sealing
4 and replacement of an HVAC system, the heating
5 component of an HVAC system, or the cooling com-
6 ponent of an HVAC system, by the contractor;
7 (2) the applicable homeowner has signed and
8 submitted to the Secretary a release form made
9 available pursuant to section 32326(b) authorizing
10 the contractor access to information in the utility
11 bills of the homeowner or the applicable multifamily
12 building owner has signed and submitted an agree-
13 ment with the contractor to provide whole-building
14 aggregate information about the building’s energy
15 use; and
16 (3) the contractor inputs, into the Department
17 of Energy’s Building Performance Database—
18 (A) the energy usage for the home of a
19 homeowner or for the household living in a mul-
20 tifamily building for the 12 months preceding,
21 and the 24 months following, the installation of
22 insulation and air sealing or installation of in-
23 sulation and air sealing and replacement of an
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24 HVAC system, the heating component of an
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1 HVAC system, or the cooling component of an
2 HVAC system;
3 (B) a description of such installation or in-
4 stallation and replacement; and
5 (C) the total cost to the homeowner or
6 multifamily building owner for such installation
7 or installation and replacement.
8 (d) PROCESS.—
9 (1) FORMS; REBATE PROCESSING SYSTEM.—
10 Not later than 90 days after the date of enactment
11 of this Act, the Secretary, in consultation with the
12 Secretary of the Treasury, shall—
13 (A) develop and make available rebate
14 forms required to receive a partial system re-
15 bate under this section;
16 (B) establish a Federal rebate processing
17 system which shall serve as a database and in-
18 formation technology system that will allow
19 homeowners and multifamily building owners to
20 submit required rebate forms; and
21 (C) establish a website that provides infor-
22 mation on partial system rebates provided
23 under this section, including how to determine
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24 whether particular measures qualify for a re-
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1 bate under this section and how to receive such
2 a rebate.
3 (2) SUBMISSION OF FORMS.—In order to re-
4 ceive a partial system rebate under this section, a
5 homeowner or multifamily building owner shall sub-
6 mit the required rebate forms, and any other infor-
7 mation the Secretary determines appropriate, to the
8 Federal rebate processing system established pursu-
9 ant to paragraph (1).
10 (e) FUNDING.—
11 (1) LIMITATION.—For each fiscal year, the Sec-
12 retary may not use more than 50 percent of the
13 amounts made available to carry out this subpart to
14 carry out this section.
15 (2) ALLOCATION.—The Secretary shall allocate
16 amounts made available to carry out this section for
17 partial system rebates among the States using the
18 same formula as is used to allocate funds for States
19 under part D of title III of the Energy Policy and
20 Conservation Act (42 U.S.C. 6321 et seq.).
21 SEC. 32323. STATE ADMINISTERED REBATES.
22 (a) FUNDING.—In carrying out the Home Energy
23 Savings Retrofit Rebate Program, and subject to the
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24 availability of appropriations for such purpose, the Sec-
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1 retary shall provide grants to States to carry out programs
2 to provide rebates in accordance with this section.
3 (b) STATE PARTICIPATION.—
4 (1) PLAN.—In order to receive a grant under
5 this section a State shall submit to the Secretary an
6 application that includes a plan to implement a
7 State program that meets the minimum criteria
8 under subsection (c).
9 (2) APPROVAL.—Not later than 60 days after
10 receipt of a completed application for a grant under
11 this section, the Secretary shall either approve the
12 application or provide to the applicant an expla-
13 nation for denying the application.
14 (c) MINIMUM CRITERIA FOR STATE PROGRAMS.—
15 Not later than 6 months after the date of enactment of
16 this Act, the Secretary shall establish and publish min-
17 imum criteria for a State program to meet to qualify for
18 funding under this section, including—
19 (1) that the State program be carried out by
20 the applicable State energy office or its designee;
21 (2) that a rebate be provided under a State pro-
22 gram only for a home energy efficiency retrofit
23 that—
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24 (A) is completed by a contractor who
25 meets minimum training requirements and cer-
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1 tification requirements set forth by the Sec-
2 retary;
3 (B) includes installation of one or more
4 home energy efficiency retrofit measures for a
5 home that together are modeled to achieve, or
6 are shown to achieve, a reduction in home en-
7 ergy use of 20 percent or more from the base-
8 line energy use of the home;
9 (C) does not include installation of any
10 measure that the Secretary determines does not
11 improve the thermal energy performance of the
12 home, such as a pool pump, pool heater, spa, or
13 EV charger; and
14 (D) includes, after installation of the appli-
15 cable home energy efficiency retrofit measures,
16 a test-out procedure conducted in accordance
17 with guidelines issued by the Secretary of such
18 measures to ensure—
19 (i) the safe operation of all systems
20 post retrofit; and
21 (ii) that all improvements are included
22 in, and have been installed according to—
23 (I) manufacturers installation
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24 specifications; and
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1 (II) all applicable State and local
2 codes or equivalent standards ap-
3 proved by the Secretary;
4 (3) that the State program utilize—
5 (A) for purposes of modeled performance
6 rebates, modeling software approved by the Sec-
7 retary for determining and documenting the
8 baseline energy use of a home and the reduc-
9 tions in home energy use resulting from the im-
10 plementation of a home energy efficiency ret-
11 rofit; and
12 (B) for purposes of measured performance
13 rebates, methods and procedures approved by
14 the Secretary for determining and documenting
15 the baseline energy use of a home and the re-
16 ductions in home energy use resulting from the
17 implementation of a home energy efficiency ret-
18 rofit, including methods and procedures for use
19 of advanced metering infrastructure, weather-
20 normalized data, and open source standards, to
21 measure such baseline energy use and such re-
22 ductions in home energy use;
23 (4) that the State program include implementa-
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24 tion of a quality assurance program—
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1 (A) to ensure that home energy efficiency
2 retrofits are achieving the stated level of energy
3 savings, that efficiency measures were installed
4 correctly, and that work is performed in accord-
5 ance with procedures developed by the Sec-
6 retary, including through quality-control inspec-
7 tions for a portion of home energy efficiency
8 retrofits completed by each applicable con-
9 tractor; and
10 (B) under which a quality-control inspec-
11 tion of a home energy efficiency retrofit is per-
12 formed by a quality assurance provider who—
13 (i) is independent of the contractor
14 for such retrofit; and
15 (ii) will confirm that such contractor
16 is a contractor who meets minimum train-
17 ing requirements and certification require-
18 ments set forth by the Secretary;
19 (5) that the State program include require-
20 ments for a homeowner, contractor, or rebate
21 aggregator to claim a rebate, including that the
22 homeowner, contractor, or rebate aggregator submit
23 any applicable forms approved by the Secretary to
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24 the State, including a copy of the certificate pro-
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256
1 vided by the applicable contractor certifying pro-
2 jected or measured reduction of home energy use;
3 (6) that the State program may include require-
4 ments for an entity to be eligible to serve as a rebate
5 aggregator to facilitate the delivery of rebates to
6 homeowners or contractors;
7 (7) that the State program include procedures
8 for a homeowner to transfer the right to claim a re-
9 bate to the contractor performing the applicable
10 home energy efficiency retrofit or to a rebate
11 aggregator that works with the contractor; and
12 (8) that the State program provide that a
13 homeowner, contractor, or rebate aggregator may
14 claim more than one rebate under the State pro-
15 gram, and may claim a rebate under the State pro-
16 gram after receiving a partial system rebate under
17 section 32322, provided that no 2 rebates may be
18 provided with respect to a home using the same
19 baseline energy use of such home.
20 (d) MODELED PERFORMANCE REBATES.—
21 (1) IN GENERAL.—In carrying out a State pro-
22 gram under this section, a State may provide a
23 homeowner, contractor, or rebate aggregator a re-
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24 bate, to be known as a modeled performance rebate,
25 for an energy audit of a home and a home energy
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257
1 efficiency retrofit that is projected, using modeling
2 software approved by the Secretary, to reduce home
3 energy use by at least 20 percent.
4 (2) AMOUNT.—
5 (A) IN GENERAL.—Except as provided in
6 section 32324, and subject to subparagraph
7 (B), the amount of a modeled performance re-
8 bate provided under a State program shall be
9 equal to 50 percent of the cost of the applicable
10 energy audit of a home and home energy effi-
11 ciency retrofit, including the cost of diagnostic
12 procedures, labor, reporting, and modeling.
13 (B) LIMITATION.—Except as provided in
14 section 32324, with respect to an energy audit
15 and home energy efficiency retrofit that is pro-
16 jected to reduce home energy use by—
17 (i) at least 20 percent, but less than
18 40 percent, the maximum amount of a
19 modeled performance rebate shall be
20 $2,000; and
21 (ii) at least 40 percent, the maximum
22 amount of a modeled performance rebate
23 shall be $4,000.
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24 (e) MEASURED PERFORMANCE REBATES.—
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258
1 (1) IN GENERAL.—In carrying out a State pro-
2 gram under this section, a State may provide a
3 homeowner, contractor, or rebate aggregator a re-
4 bate, to be known as a measured performance re-
5 bate, for a home energy efficiency retrofit that re-
6 duces home energy use by at least 20 percent as
7 measured using methods and procedures approved
8 by the Secretary.
9 (2) AMOUNT.—
10 (A) IN GENERAL.—Except as provided in
11 section 32324, and subject to subparagraph
12 (B), the amount of a measured performance re-
13 bate provided under a State program shall be
14 equal to 50 percent of the cost, including the
15 cost of diagnostic procedures, labor, reporting,
16 and energy measurement, of the applicable
17 home energy efficiency retrofit.
18 (B) LIMITATION.—Except as provided in
19 section 32324, with respect to a home energy
20 efficiency retrofit that is measured as reducing
21 home energy use by—
22 (i) at least 20 percent, but less than
23 40 percent, the maximum amount of a
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24 measured performance rebate shall be
25 $2,000; and
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