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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 745 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 745

To make high-speed broadband internet service accessible and affordable 
               to all Americans, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2021

  Ms. Klobuchar (for herself, Mr. Lujan, Mr. Schatz, Mr. Markey, Ms. 
Rosen, Mr. Blumenthal, Mr. Warnock, Mr. Durbin, Mr. Warner, Mr. Booker, 
 Ms. Warren, Ms. Cortez Masto, and Mr. Wyden) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To make high-speed broadband internet service accessible and affordable 
               to all Americans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Accessible, 
Affordable Internet for All Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress.
Sec. 4. Severability.
                        TITLE I--DIGITAL EQUITY

Sec. 1000. Definitions.
         Subtitle A--Office of Internet Connectivity and Growth

Sec. 1101. Annual report of Office.
Sec. 1102. Study and report on affordability of adoption of broadband 
                            service.
Sec. 1103. Authorization of appropriations.
Sec. 1104. Study and recommendations to connect socially disadvantaged 
                            individuals.
                  Subtitle B--Digital Equity Programs

Sec. 1201. State Digital Equity Capacity Grant Program.
Sec. 1202. Digital Equity Competitive Grant Program.
Sec. 1203. Policy research, data collection, analysis and modeling, 
                            evaluation, and dissemination.
Sec. 1204. General provisions.
       TITLE II--BROADBAND AFFORDABILITY AND PRICING TRANSPARENCY

                  Subtitle A--Broadband Affordability

Sec. 2101. Authorization for additional funds for the Emergency 
                            Broadband Connectivity Fund.
Sec. 2102. Grants to States to strengthen National Lifeline Eligibility 
                            Verifier.
Sec. 2103. Federal coordination between National Eligibility Verifier 
                            and National Accuracy Clearinghouse.
Sec. 2104. Federal coordination between Lifeline and SNAP verification.
Sec. 2105. Definitions.
  Subtitle B--Additional Authorization for Emergency Connectivity Fund

Sec. 2201. Additional authorization for Emergency Connectivity Fund.
     Subtitle C--Additional Authorization for Connecting Minority 
                           Communities Fund.

Sec. 2301. Additional authorization for Connecting Minority Communities 
                            Fund.
                    Subtitle D--Pricing Transparency

Sec. 2401. Definitions.
Sec. 2402. Broadband transparency.
Sec. 2403. Distribution of data.
Sec. 2404. Coordination with certain other Federal agencies.
Sec. 2405. Adoption of consumer broadband labels.
Sec. 2406. GAO report.
                      TITLE III--BROADBAND ACCESS

               Subtitle A--Expansion of Broadband Access

Sec. 3101. Expansion of broadband access in unserved areas and areas 
                            with low-tier or mid-tier service.
Sec. 3102. Tribal internet expansion.
      Subtitle B--Broadband Infrastructure Finance and Innovation

Sec. 3201. Short title.
Sec. 3202. Definitions.
Sec. 3203. Determination of eligibility and project selection.
Sec. 3204. Secured loans.
Sec. 3205. Lines of credit.
Sec. 3206. Alternative prudential lending standards for small projects.
Sec. 3207. Program administration.
Sec. 3208. State and local permits.
Sec. 3209. Regulations.
Sec. 3210. Funding.
Sec. 3211. Reports to Congress.
                   Subtitle C--Wi-Fi on School Buses

Sec. 3301. E-rate support for school bus Wi-Fi.
              Subtitle D--Healthcare Broadband Expansion.

Sec. 3401. Definitions.
Sec. 3402. Expansion of Rural Health Care Program.
       Subtitle E--Internet Exchange and Submarine Cable Grants.

Sec. 3501. Definitions.
Sec. 3502. Internet exchange facility grants.
Sec. 3503. Submarine cable landing station grants.
Sec. 3504. Report.
Sec. 3505. Authorization of appropriations.
Sec. 3506. Return of certain grant amounts.
                     TITLE IV--COMMUNITY BROADBAND

Sec. 4001. State, local, public-private partnership, and co-op 
                            broadband services.
              TITLE V--BROADBAND INFRASTRUCTURE DEPLOYMENT

Sec. 5001. Broadband infrastructure deployment.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Aging individual.--The term ``aging individual'' has 
        the meaning given the term ``older individual'' in section 102 
        of the Older Americans Act of 1965 (42 U.S.C. 3002).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Appropriations of the House of 
                Representatives; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (5) Covered household.--The term ``covered household'' 
        means a household the income of which does not exceed 150 
        percent of the poverty threshold, as determined by using 
        criteria of poverty established by the Bureau of the Census, 
        for a household of the size involved.
            (6) Covered populations.--The term ``covered populations'' 
        means--
                    (A) individuals who are members of covered 
                households;
                    (B) aging individuals;
                    (C) incarcerated individuals, other than 
                individuals who are incarcerated in a Federal 
                correctional facility (including a private facility 
                operated under contract with the Federal Government);
                    (D) veterans;
                    (E) individuals with disabilities;
                    (F) individuals with a language barrier, including 
                individuals who--
                            (i) are English learners; or
                            (ii) have low levels of literacy;
                    (G) individuals who are members of a racial or 
                ethnic minority group; and
                    (H) individuals who primarily reside in a rural 
                area.
            (7) Digital literacy.--The term ``digital literacy'' means 
        the skills associated with using technology to enable users to 
        find, evaluate, organize, create, and communicate information.
            (8) Disability.--The term ``disability'' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (9) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (10) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (11) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) has the meaning given the term in section 101 
                of the Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    (B) includes a postsecondary vocational 
                institution.
            (12) Postsecondary vocational institution.--The term 
        ``postsecondary vocational institution'' has the meaning given 
        the term in section 102(c) of the Higher Education Act of 1965 
        (20 U.S.C. 1002(c)).
            (13) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 13 of the Rural Electrification Act 
        of 1936 (7 U.S.C. 913).
            (14) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
            (15) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.

SEC. 3. SENSE OF CONGRESS.

    (a) In General.--It is the sense of Congress that--
            (1) a broadband service connection and digital literacy are 
        increasingly critical to how individuals--
                    (A) participate in the society, economy, and civic 
                institutions of the United States; and
                    (B) access health care and essential services, 
                obtain education, and build careers;
            (2) digital exclusion--
                    (A) carries a high societal and economic cost;
                    (B) materially harms the opportunity of an 
                individual with respect to the economic success, 
                educational achievement, positive health outcomes, 
                social inclusion, and civic engagement of that 
                individual;
                    (C) materially harms the opportunity of areas where 
                it is especially widespread with respect to economic 
                success, educational achievement, positive health 
                outcomes, social cohesion, and civic institutions; and
                    (D) exacerbates existing wealth and income gaps, 
                especially those experienced by covered populations and 
                between regions;
            (3) achieving accessible and affordable access to broadband 
        service, as well as digital literacy, for all people of the 
        United States requires additional and sustained research 
        efforts and investment;
            (4) the Federal Government, as well as State, Tribal, and 
        local governments, have made social, legal, and economic 
        obligations that necessarily extend to how the citizens and 
        residents of those governments access and use the internet; and
            (5) achieving accessible and affordable access to broadband 
        service is a matter of social and economic justice and is worth 
        pursuing.
    (b) Broadband Service Defined.--In this section, the term 
``broadband service'' has the meaning given the term ``broadband 
internet access service'' in section 8.1(b) of title 47, Code of 
Federal Regulations, or any successor regulation.

SEC. 4. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be invalid, the remainder of this Act and the 
amendments made by this Act, and the application of such provision or 
amendment to any other person or circumstance, shall not be affected 
thereby.

                        TITLE I--DIGITAL EQUITY

SEC. 1000. DEFINITIONS.

    In this title:
            (1) Adoption of broadband service.--The term ``adoption of 
        broadband service'' means the process by which an individual 
        obtains daily access to broadband service--
                    (A) with a download speed of at least 25 megabits 
                per second, an upload speed of at least 3 megabits per 
                second, and a latency that is sufficiently low to allow 
                real-time, interactive applications;
                    (B) with the digital skills that are necessary for 
                the individual to participate online; and
                    (C) on a--
                            (i) personal device; and
                            (ii) secure and convenient network.
            (2) Anchor institution.--The term ``anchor institution'' 
        means a public or private school, a library, a medical or 
        healthcare provider, a museum, a public safety entity, a public 
        housing agency, a community college, an institution of higher 
        education, a religious organization, or any other community 
        support organization or agency.
            (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary, acting through the Office.
            (4) Broadband service.--The term ``broadband service'' has 
        the meaning given the term ``broadband internet access 
        service'' in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (5) Covered programs.--The term ``covered programs'' means 
        the State Digital Equity Capacity Grant Program established 
        under section 1201 and the Digital Equity Competitive Grant 
        Program established under section 1202.
            (6) Digital equity.--The term ``digital equity'' means the 
        condition in which individuals and communities have the 
        information technology capacity that is needed for full 
        participation in the society and economy of the United States.
            (7) Digital inclusion activities.--The term ``digital 
        inclusion activities''--
                    (A) means the activities that are necessary to 
                ensure that all individuals in the United States have 
                access to, and the use of, affordable information and 
                communication technologies, such as--
                            (i) reliable broadband service;
                            (ii) internet-enabled devices that meet the 
                        needs of the user; and
                            (iii) applications and online content 
                        designed to enable and encourage self-
                        sufficiency, participation, and collaboration; 
                        and
                    (B) includes--
                            (i) the provision of digital literacy 
                        training;
                            (ii) the provision of quality technical 
                        support; and
                            (iii) promoting basic awareness of measures 
                        to ensure online privacy and cybersecurity.
            (8) Eligible state.--The term ``eligible State'' means--
                    (A) with respect to planning grants made available 
                under section 1201(c)(3), a State with respect to which 
                the Assistant Secretary has approved an application 
                submitted to the Assistant Secretary under subparagraph 
                (C) of such section; and
                    (B) with respect to capacity grants awarded under 
                section 1201(d), a State with respect to which the 
                Assistant Secretary has approved an application 
                submitted to the Assistant Secretary under paragraph 
                (2) of such section.
            (9) Federal broadband support program.--The term ``Federal 
        broadband support program'' has the meaning given such term in 
        section 903 of division FF of the Consolidated Appropriations 
        Act, 2021 (Public Law 116-260).
            (10) Gender identity.--The term ``gender identity'' has the 
        meaning given the term in section 249(c) of title 18, United 
        States Code.
            (11) Local educational agency.--The term ``local 
        educational agency'' has the meaning given the term in section 
        8101(30) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7801(30)).
            (12) Medicaid enrollee.--The term ``Medicaid enrollee'' 
        means, with respect to a State, an individual enrolled in the 
        State plan under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) or a waiver of that plan.
            (13) National lifeline eligibility verifier.--The term 
        ``National Lifeline Eligibility Verifier'' has the meaning 
        given such term in section 54.400 of title 47, Code of Federal 
        Regulations (or any successor regulation).
            (14) Native hawaiian organization.--The term ``Native 
        Hawaiian organization'' means any organization--
                    (A) that serves the interests of Native Hawaiians;
                    (B) in which Native Hawaiians serve in substantive 
                and policymaking positions;
                    (C) that has as a primary and stated purpose the 
                provision of services to Native Hawaiians; and
                    (D) that is recognized for having expertise in 
                Native Hawaiian affairs, digital connectivity, or 
                access to broadband service.
            (15) Office.--The term ``Office'' means the Office of 
        Internet Connectivity and Growth within the National 
        Telecommunications and Information Administration.
            (16) Public housing agency.--The term ``public housing 
        agency'' has the meaning given the term in section 3(b) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (17) SNAP participant.--The term ``SNAP participant'' means 
        an individual who is a member of a household that participates 
        in the supplemental nutrition assistance program under the Food 
        and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
            (18) Socially and economically disadvantaged small business 
        concern.--The term ``socially and economically disadvantaged 
        small business concern'' has the meaning given the term in 
        section 8(a)(4) of the Small Business Act (15 U.S.C. 
        637(a)(4)).
            (19) Tribally designated entity.--The term ``tribally 
        designated entity'' means an entity designated by an Indian 
        Tribe to carry out activities under this title.
            (20) Universal service fund program.--The term ``Universal 
        Service Fund Program'' has the meaning given such term in 
        section 903 of division FF of the Consolidated Appropriations 
        Act, 2021 (Public Law 116-260).
            (21) Workforce development program.--The term ``workforce 
        development program'' has the meaning given the term in section 
        3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102).

         Subtitle A--Office of Internet Connectivity and Growth

SEC. 1101. ANNUAL REPORT OF OFFICE.

    Section 903(c)(2)(C) of division FF of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260) is amended by adding at 
the end the following:
                            ``(iv) A description of any non-economic 
                        benefits of such broadband deployment efforts, 
                        including any effect on civic engagement.
                            ``(v) The extent to which residents of the 
                        United States that received broadband as a 
                        result of Federal broadband support programs 
                        and the Universal Service Fund Programs 
                        received broadband at the download and upload 
                        speeds required by such programs.''.

SEC. 1102. STUDY AND REPORT ON AFFORDABILITY OF ADOPTION OF BROADBAND 
              SERVICE.

    Section 903 of division FF of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (i) and (j), respectively; and
            (2) by inserting after subsection (f) the following:
    ``(g) Study and Report on Affordability of Adoption of Broadband 
Service.--
            ``(1) Study.--The Office, in consultation with the 
        Commission, the Department of Agriculture, the Department of 
        the Treasury, and such other Federal agencies as the Office 
        considers appropriate, shall, not later than 1 year after the 
        date of the enactment of this subsection, and biennially 
        thereafter, conduct a study that examines the following:
                    ``(A) The number of households for which cost is a 
                barrier to the adoption of broadband service, the 
                financial circumstances of such households, and whether 
                such households are eligible for the emergency 
                broadband benefit under section 904 of division N.
                    ``(B) The extent to which the cost of adoption of 
                broadband service is a financial burden to households 
                that have adopted broadband service, the financial 
                circumstances of such financially burdened households, 
                and whether such households are receiving the emergency 
                broadband benefit under section 904 of division N.
                    ``(C) The appropriate standard to determine whether 
                adoption of broadband service is affordable for 
                households, given the financial circumstances of such 
                households.
                    ``(D) The feasibility of providing additional 
                Federal subsidies, including expanding the eligibility 
                for or increasing the amount of the emergency broadband 
                benefit under section 904 of division N, to households 
                to cover the difference between the cost of adoption of 
                broadband service (determined before applying such 
                additional Federal subsidies) and the price at which 
                adoption of broadband service would be affordable.
                    ``(E) How a program to provide additional Federal 
                subsidies as described in subparagraph (D) should be 
                administered to most effectively facilitate adoption of 
                broadband service at the lowest overall expense to the 
                Federal Government, including measures that would 
                ensure that the availability of the subsidies does not 
                result in providers raising the price of broadband 
                service for households receiving subsidies.
                    ``(F) How participation in the Lifeline program of 
                the Commission has changed in the 5 years prior to the 
                date of the enactment of this Act, including--
                            ``(i) geographic information at the census-
                        block level depicting the scale of change in 
                        participation in each area; and
                            ``(ii) information on changes in 
                        participation by specific types of Lifeline-
                        supported services, including fixed voice 
                        telephony service, mobile voice telephony 
                        service, fixed broadband service, and mobile 
                        broadband service and, in the case of any 
                        Lifeline-supported services provided as part of 
                        a bundle of services to which a Lifeline 
                        discount is applied, which Lifeline-supported 
                        services are part of such bundle and whether or 
                        not each Lifeline-supported service in such 
                        bundle meets Lifeline minimum service 
                        standards.
                    ``(G) How competition impacts the price of 
                broadband service, including the impact of monopolistic 
                business practices by broadband service providers.
                    ``(H) The extent to which, if at all, the Universal 
                Service Fund high-cost programs have enabled access to 
                reasonably comparable telephony and broadband services 
                at reasonably comparable rates in high-cost rural areas 
                as required by the Communications Act of 1934 (47 
                U.S.C. 151 et seq.), including a comparison of the 
                rates charged by recipients of support under such 
                programs in rural areas and rates charged in urban 
                areas, as determined by the Commission's annual survey.
            ``(2) Report.--Not later than 1 year after the date of the 
        enactment of this subsection, and biennially thereafter, the 
        Office shall submit to Congress a report on the results of the 
        study conducted under paragraph (1).
            ``(3) Definitions.--In this subsection:
                    ``(A) Cost.--The term `cost' means, with respect to 
                adoption of broadband service, the cost of adoption of 
                broadband service to a household after applying any 
                subsidies that reduce such cost.
                    ``(B) Other definitions.--The terms `adoption of 
                broadband service' and `broadband service' have the 
                meanings given such terms in section 1000 of the 
                Accessible, Affordable Internet for All Act.''.

SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Assistant Secretary 
$26,000,000 for each of the fiscal years 2022 through 2026 for the 
operations of the Office.

SEC. 1104. STUDY AND RECOMMENDATIONS TO CONNECT SOCIALLY DISADVANTAGED 
              INDIVIDUALS.

    Section 903 of division FF of the Consolidated Appropriations Act, 
2021 (Public Law 116-260), as amended by section 1102, is further 
amended by inserting before subsection (i) (as redesignated by such 
section) the following:
    ``(h) Study and Recommendations To Connect Socially Disadvantaged 
Individuals.--
            ``(1) In general.--Not later than 12 months after the date 
        of the enactment of this subsection, the Office, in 
        consultation with the Commission and the Rural Utilities 
        Service of the Department of Agriculture, shall, after public 
        notice and an opportunity for comment, conduct a study to 
        assess the extent to which Federal funds for broadband service, 
        including the Universal Service Fund Programs and other Federal 
        broadband support programs, have expanded access to and 
        adoption of broadband service by socially disadvantaged 
        individuals as compared to individuals who are not socially 
        disadvantaged individuals.
            ``(2) Report and publication.--
                    ``(A) Submission.--Not later than 18 months after 
                the date of the enactment of this subsection, the 
                Office shall submit a report on the results of the 
                study under paragraph (1) to--
                            ``(i) the Committee on Energy and Commerce 
                        of the House of Representatives;
                            ``(ii) the Committee on Commerce, Science, 
                        and Transportation of the Senate; and
                            ``(iii) each agency administering a program 
                        evaluated by such report.
                    ``(B) Public publication.--Contemporaneously with 
                submitting the report required by subparagraph (A), the 
                Office shall publish such report on the public-facing 
                website of the Office.
                    ``(C) Recommendations.--The report required by 
                subparagraph (A) shall include recommendations with 
                regard to how Federal funds for the Universal Service 
                Fund Programs and Federal broadband support programs 
                may be dispersed in an a manner that better expands 
                access to and adoption of broadband service by socially 
                disadvantaged individuals as compared to individuals 
                who are not socially disadvantaged individuals.
            ``(3) Definitions.--In this subsection:
                    ``(A) Socially disadvantaged individual.--The term 
                `socially disadvantaged individual' has the meaning 
                given that term in section 8 of the Small Business Act 
                (15 U.S.C. 637).
                    ``(B) Other definitions.--The terms `adoption of 
                broadband service' and `broadband service' have the 
                meanings given such terms in section 1000 of the 
                Accessible, Affordable Internet for All Act.''.

                  Subtitle B--Digital Equity Programs

SEC. 1201. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.

    (a) Establishment; Purpose.--
            (1) In general.--The Assistant Secretary shall establish in 
        the Office the State Digital Equity Capacity Grant Program 
        (referred to in this section as the ``Program'')--
                    (A) the purpose of which is to promote the 
                achievement of digital equity, support digital 
                inclusion activities, and build capacity for efforts by 
                States relating to the adoption of broadband service by 
                residents of those States;
                    (B) through which the Assistant Secretary shall 
                make grants to States in accordance with the 
                requirements of this section; and
                    (C) which shall ensure that States have the 
                capacity to promote the achievement of digital equity 
                and support digital inclusion activities.
            (2) Consultation with other federal agencies; no 
        conflict.--In establishing the Program under paragraph (1), the 
        Assistant Secretary shall--
                    (A) consult with--
                            (i) the Secretary of Agriculture;
                            (ii) the Secretary of Housing and Urban 
                        Development;
                            (iii) the Secretary of Education;
                            (iv) the Secretary of Labor;
                            (v) the Secretary of Health and Human 
                        Services;
                            (vi) the Secretary of Veterans Affairs;
                            (vii) the Secretary of the Interior;
                            (viii) the Assistant Secretary for Indian 
                        Affairs of the Department of the Interior;
                            (ix) the Commission;
                            (x) the Federal Trade Commission;
                            (xi) the Director of the Institute of 
                        Museum and Library Services;
                            (xii) the Administrator of the Small 
                        Business Administration;
                            (xiii) the Federal Cochairman of the 
                        Appalachian Regional Commission; and
                            (xiv) the head of any other Federal agency 
                        that the Assistant Secretary determines to be 
                        appropriate; and
                    (B) ensure that the Program complements and 
                enhances, and does not conflict with, other Federal 
                broadband support programs and Universal Service Fund 
                Programs.
            (3) Tribal and native hawaiian consultation and 
        engagement.--In establishing the Program under paragraph (1), 
        the Assistant Secretary shall conduct robust, interactive, pre-
        decisional, transparent consultation with Indian Tribes and 
        Native Hawaiian organizations.
    (b) Administering Entity.--
            (1) Selection; function.--The governor (or equivalent 
        official) of a State that wishes to be awarded a grant under 
        this section shall, from among entities that are eligible under 
        paragraph (2), select an administering entity for that State, 
        which shall--
                    (A) serve as the recipient of, and administering 
                agent for, any grant awarded to the State under this 
                section;
                    (B) develop, implement, and oversee the State 
                Digital Equity Plan for the State described in 
                subsection (c);
                    (C) make subgrants to any of the entities described 
                in clauses (i) through (xi) of subsection (c)(1)(D) 
                that is located in the State in support of--
                            (i) the State Digital Equity Plan for the 
                        State; and
                            (ii) digital inclusion activities in the 
                        State generally; and
                    (D) serve as--
                            (i) an advocate for digital equity policies 
                        and digital inclusion activities; and
                            (ii) a repository of best practice 
                        materials regarding the policies and activities 
                        described in clause (i).
            (2) Eligible entities.--Any of the following entities may 
        serve as the administering entity for a State for the purposes 
        of this section if the entity has demonstrated a capacity to 
        administer the Program on a statewide level:
                    (A) The State.
                    (B) A political subdivision, agency, or 
                instrumentality of the State.
                    (C) An Indian Tribe located in the State, a 
                tribally designated entity located in the State, or a 
                Native Hawaiian organization located in the State.
    (c) State Digital Equity Plan.--
            (1) Development; contents.--A State that wishes to be 
        awarded a grant under subsection (d) shall develop a State 
        Digital Equity Plan for the State, which shall include--
                    (A) an identification of the barriers to digital 
                equity faced by covered populations in the State;
                    (B) measurable objectives for documenting and 
                promoting, among each group described in subparagraphs 
                (A) through (H) of section 2(6) located in that State--
                            (i) the availability of, and affordability 
                        of access to, broadband service and technology 
                        needed for the use of broadband service;
                            (ii) public awareness of such availability 
                        and affordability and of subsidies available to 
                        increase such affordability (including 
                        subsidies available through the Lifeline 
                        program of the Commission), including 
                        objectives to--
                                    (I) inform Medicaid enrollees and 
                                SNAP participants, and organizations 
                                that serve Medicaid enrollees and SNAP 
                                participants, of potential eligibility 
                                for the Lifeline program; and
                                    (II) provide Medicaid enrollees and 
                                SNAP participants with information 
                                about the Lifeline program, including--
                                            (aa) how to apply for the 
                                        Lifeline program; and
                                            (bb) a description of the 
                                        prohibition on more than one 
                                        subscriber in each household 
                                        receiving a service provided 
                                        under the Lifeline program;
                            (iii) the online accessibility and 
                        inclusivity of public resources and services;
                            (iv) digital literacy;
                            (v) awareness of, and the use of, measures 
                        to secure the online privacy of, and 
                        cybersecurity with respect to, an individual; 
                        and
                            (vi) the availability and affordability of 
                        consumer devices and technical support for 
                        those devices;
                    (C) an assessment of how the objectives described 
                in subparagraph (B) will impact and interact with the 
                State's--
                            (i) economic and workforce development 
                        goals, plans, and outcomes;
                            (ii) educational outcomes;
                            (iii) health outcomes;
                            (iv) civic and social engagement; and
                            (v) delivery of other essential services;
                    (D) in order to achieve the objectives described in 
                subparagraph (B), a description of how the State plans 
                to collaborate with key stakeholders in the State, 
                which may include--
                            (i) anchor institutions;
                            (ii) county and municipal governments;
                            (iii) local educational agencies;
                            (iv) where applicable, Indian Tribes, 
                        tribally designated entities, or Native 
                        Hawaiian organizations;
                            (v) nonprofit organizations;
                            (vi) organizations that represent--
                                    (I) individuals with disabilities, 
                                including organizations that represent 
                                children with disabilities;
                                    (II) aging individuals;
                                    (III) individuals with a language 
                                barrier, including individuals who--
                                            (aa) are English learners; 
                                        or
                                            (bb) have low levels of 
                                        literacy;
                                    (IV) veterans;
                                    (V) individuals residing in rural 
                                areas; and
                                    (VI) incarcerated individuals in 
                                that State, other than individuals who 
                                are incarcerated in a Federal 
                                correctional facility (including a 
                                private facility operated under 
                                contract with the Federal Government);
                            (vii) civil rights organizations;
                            (viii) entities that carry out workforce 
                        development programs;
                            (ix) agencies of the State that are 
                        responsible for administering or supervising 
                        adult education and literacy activities in the 
                        State;
                            (x) public housing agencies whose 
                        jurisdictions are located in the State; and
                            (xi) a consortium of any of the entities 
                        described in clauses (i) through (x); and
                    (E) a list of organizations with which the 
                administering entity for the State collaborated in 
                developing and implementing the Plan.
            (2) Public availability.--
                    (A) In general.--The administering entity for a 
                State shall make the State Digital Equity Plan of the 
                State available for public comment for a period of not 
                less than 30 days before the date on which the State 
                submits an application to the Assistant Secretary under 
                subsection (d)(2).
                    (B) Consideration of comments received.--The 
                administering entity for a State shall, with respect to 
                an application submitted to the Assistant Secretary 
                under subsection (d)(2)--
                            (i) before submitting the application--
                                    (I) consider all comments received 
                                during the comment period described in 
                                subparagraph (A) with respect to the 
                                application (referred to in this 
                                subparagraph as the ``comment 
                                period''); and
                                    (II) make any changes to the plan 
                                that the administering entity 
                                determines to be appropriate; and
                            (ii) when submitting the application--
                                    (I) describe any changes pursued by 
                                the administering entity in response to 
                                comments received during the comment 
                                period; and
                                    (II) include a written response to 
                                each comment received during the 
                                comment period.
            (3) Planning grants.--
                    (A) In general.--Beginning in the first fiscal year 
                that begins after the date of the enactment of this 
                Act, the Assistant Secretary shall, in accordance with 
                the requirements of this paragraph, award planning 
                grants to States for the purpose of developing the 
                State Digital Equity Plans of those States under this 
                subsection.
                    (B) Eligibility.--In order to be awarded a planning 
                grant under this paragraph, a State--
                            (i) shall submit to the Assistant Secretary 
                        an application under subparagraph (C); and
                            (ii) may not have been awarded, at any 
                        time, a planning grant under this paragraph.
                    (C) Application.--A State that wishes to be awarded 
                a planning grant under this paragraph shall, not later 
                than 60 days after the date on which the notice of 
                funding availability with respect to the grant is 
                released, submit to the Assistant Secretary an 
                application, in a format to be determined by the 
                Assistant Secretary, that contains the following 
                materials:
                            (i) A description of the entity selected to 
                        serve as the administering entity for the 
                        State, as described in subsection (b).
                            (ii) A certification from the State that, 
                        not later than 1 year after the date on which 
                        the Assistant Secretary awards the planning 
                        grant to the State, the administering entity 
                        for that State will submit to the Assistant 
                        Secretary a State Digital Equity Plan developed 
                        under this subsection, which will comply with 
                        the requirements of this subsection, including 
                        the requirements of paragraph (2).
                            (iii) The assurances required under 
                        subsection (e).
                    (D) Awards.--
                            (i) Amount of grant.--The amount of a 
                        planning grant awarded to an eligible State 
                        under this paragraph shall be determined 
                        according to the formula under subsection 
                        (d)(3)(A)(i).
                            (ii) Duration.--
                                    (I) In general.--Except as provided 
                                in subclause (II), with respect to a 
                                planning grant awarded to an eligible 
                                State under this paragraph, the State 
                                shall expend the grant funds during the 
                                1-year period beginning on the date on 
                                which the State is awarded the grant 
                                funds.
                                    (II) Exception.--The Assistant 
                                Secretary may grant an extension of not 
                                longer than 180 days with respect to 
                                the requirement under subclause (I).
                            (iii) Challenge mechanism.--The Assistant 
                        Secretary shall ensure that any eligible State 
                        to which a planning grant is awarded under this 
                        paragraph may appeal or otherwise challenge in 
                        a timely fashion the amount of the grant 
                        awarded to the State, as determined under 
                        clause (i).
                    (E) Use of funds.--An eligible State to which a 
                planning grant is awarded under this paragraph shall, 
                through the administering entity for that State, use 
                the grant funds only for the following purposes:
                            (i) To develop the State Digital Equity 
                        Plan of the State under this subsection.
                            (ii)(I) Subject to subclause (II), to make 
                        subgrants to any of the entities described in 
                        clauses (i) through (xi) of paragraph (1)(D) to 
                        assist in the development of the State Digital 
                        Equity Plan of the State under this subsection.
                            (II) If the administering entity for a 
                        State makes a subgrant described in subclause 
                        (I), the administering entity shall, with 
                        respect to the subgrant, provide to the State 
                        the assurances required under subsection (e).
    (d) State Capacity Grants.--
            (1) In general.--Beginning not later than 2 years after the 
        date on which the Assistant Secretary begins awarding planning 
        grants under subsection (c)(3), the Assistant Secretary shall 
        each year award grants to eligible States to support--
                    (A) the implementation of the State Digital Equity 
                Plans of those States; and
                    (B) digital inclusion activities in those States.
            (2) Application.--A State that wishes to be awarded a grant 
        under this subsection shall, not later than 60 days after the 
        date on which the notice of funding availability with respect 
        to the grant is released, submit to the Assistant Secretary an 
        application, in a format to be determined by the Assistant 
        Secretary, that contains the following materials:
                    (A) A description of the entity selected to serve 
                as the administering entity for the State, as described 
                in subsection (b).
                    (B) The State Digital Equity Plan of that State, as 
                described in subsection (c).
                    (C) A certification that the State, acting through 
                the administering entity for the State, shall--
                            (i) implement the State Digital Equity Plan 
                        of the State; and
                            (ii) make grants in a manner that is 
                        consistent with the aims of the Plan described 
                        in clause (i).
                    (D) The assurances required under subsection (e).
                    (E) In the case of a State to which the Assistant 
                Secretary has previously awarded a grant under this 
                subsection, any amendments to the State Digital Equity 
                Plan of that State, as compared with the State Digital 
                Equity Plan of the State previously submitted.
            (3) Awards.--
                    (A) Amount of grant.--
                            (i) Formula.--Subject to clauses (ii), 
                        (iii), and (iv), the Assistant Secretary shall 
                        calculate the amount of a grant awarded to an 
                        eligible State under this subsection in 
                        accordance with the following criteria, using 
                        the best available data for all States for the 
                        fiscal year in which the grant is awarded:
                                    (I) 50 percent of the total grant 
                                amount shall be based on the population 
                                of the eligible State in proportion to 
                                the total population of all eligible 
                                States.
                                    (II) 25 percent of the total grant 
                                amount shall be based on the number of 
                                individuals in the eligible State who 
                                are members of covered populations in 
                                proportion to the total number of 
                                individuals in all eligible States who 
                                are members of covered populations.
                                    (III) 25 percent of the total grant 
                                amount shall be based on the lack of 
                                availability of broadband service and 
                                lack of adoption of broadband service 
                                in the eligible State in proportion to 
                                the lack of availability of broadband 
                                service and lack of adoption of 
                                broadband service in all eligible 
                                States, which shall be determined 
                                according to data collected--
                                            (aa) from the annual 
                                        inquiry of the Commission 
                                        conducted under section 706(b) 
                                        of the Telecommunications Act 
                                        of 1996 (47 U.S.C. 1302(b));
                                            (bb) from the American 
                                        Community Survey or, if 
                                        necessary, other data collected 
                                        by the Bureau of the Census;
                                            (cc) from the Internet and 
                                        Computer Use Supplement to the 
                                        Current Population Survey of 
                                        the Bureau of the Census;
                                            (dd) by the Commission 
                                        pursuant to the rules issued 
                                        under section 802 of the 
                                        Communications Act of 1934 (47 
                                        U.S.C. 642); and
                                            (ee) from any other source 
                                        that the Assistant Secretary, 
                                        after appropriate notice and 
                                        opportunity for public comment, 
                                        determines to be appropriate.
                            (ii) Minimum award.--The amount of a grant 
                        awarded to an eligible State under this 
                        subsection in a fiscal year shall be not less 
                        than 0.5 percent of the total amount made 
                        available to award grants to eligible States 
                        for that fiscal year.
                            (iii) Additional amounts.--If, after 
                        awarding planning grants to States under 
                        subsection (c)(3) and capacity grants to 
                        eligible States under this subsection in a 
                        fiscal year, there are amounts remaining to 
                        carry out this section, the Assistant Secretary 
                        shall distribute those amounts--
                                    (I) to eligible States to which the 
                                Assistant Secretary has awarded grants 
                                under this subsection for that fiscal 
                                year; and
                                    (II) in accordance with the formula 
                                described in clause (i).
                            (iv) Data unavailable.--If, in a fiscal 
                        year, the Commonwealth of Puerto Rico (referred 
                        to in this clause as ``Puerto Rico'') is an 
                        eligible State and specific data for Puerto 
                        Rico is unavailable for a factor described in 
                        subclause (I), (II), or (III) of clause (i), 
                        the Assistant Secretary shall use the median 
                        data point with respect to that factor among 
                        all eligible States and assign it to Puerto 
                        Rico for the purposes of making any calculation 
                        under that clause for that fiscal year.
                    (B) Duration.--With respect to a grant awarded to 
                an eligible State under this subsection, the eligible 
                State shall expend the grant funds during the 5-year 
                period beginning on the date on which the eligible 
                State is awarded the grant funds.
                    (C) Challenge mechanism.--The Assistant Secretary 
                shall ensure that any eligible State to which a grant 
                is awarded under this subsection may appeal or 
                otherwise challenge in a timely fashion the amount of 
                the grant awarded to the State, as determined under 
                subparagraph (A).
                    (D) Use of funds.--The administering entity for an 
                eligible State to which a grant is awarded under this 
                subsection shall use the grant amounts for the 
                following purposes:
                            (i)(I) Subject to subclause (II), to update 
                        or maintain the State Digital Equity Plan of 
                        the State.
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 20 
                        percent of the amount of the grant for the 
                        purpose described in subclause (I).
                            (ii) To implement the State Digital Equity 
                        Plan of the State.
                            (iii)(I) Subject to subclause (II), to 
                        award a grant to any entity that is described 
                        in section 1202(b) and is located in the 
                        eligible State in order to--
                                    (aa) assist in the implementation 
                                of the State Digital Equity Plan of the 
                                State;
                                    (bb) pursue digital inclusion 
                                activities in the State consistent with 
                                the State Digital Equity Plan of the 
                                State; and
                                    (cc) report to the State regarding 
                                the digital inclusion activities of the 
                                entity.
                            (II) Before an administering entity for an 
                        eligible State may award a grant under 
                        subclause (I), the administering entity shall 
                        require the entity to which the grant is 
                        awarded to certify that--
                                    (aa) the entity shall carry out the 
                                activities required under items (aa), 
                                (bb), and (cc) of that subclause;
                                    (bb) the receipt of the grant shall 
                                not result in unjust enrichment of the 
                                entity; and
                                    (cc) the entity shall cooperate 
                                with any evaluation--
                                            (AA) of any program that 
                                        relates to a grant awarded to 
                                        the entity; and
                                            (BB) that is carried out by 
                                        or for the administering 
                                        entity, the Assistant 
                                        Secretary, or another Federal 
                                        official.
                            (iv)(I) Subject to subclause (II), to 
                        evaluate the efficacy of the efforts funded by 
                        grants made under clause (iii).
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 5 
                        percent of the amount of the grant for a 
                        purpose described in subclause (I).
                            (v)(I) Subject to subclause (II), for the 
                        administrative costs incurred in carrying out 
                        the activities described in clauses (i) through 
                        (iv).
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 3 
                        percent of the amount of the grant for the 
                        purpose described in subclause (I).
    (e) Assurances.--When applying for a grant under this section, a 
State shall include in the application for that grant assurances that--
            (1) if any of the entities described in clauses (i) through 
        (xi) of subsection (c)(1)(D) or section 1202(b) is awarded 
        grant funds under this section (referred to in this subsection 
        as a ``covered recipient''), provide that--
                    (A) the covered recipient shall use the grant funds 
                in accordance with any applicable statute, regulation, 
                or application procedure;
                    (B) the administering entity for that State shall 
                adopt and use proper methods of administering any grant 
                that the covered recipient is awarded, including by--
                            (i) enforcing any obligation imposed under 
                        law on any agency, institution, organization, 
                        or other entity that is responsible for 
                        carrying out the program to which the grant 
                        relates;
                            (ii) correcting any deficiency in the 
                        operation of a program to which the grant 
                        relates, as identified through an audit or 
                        another monitoring or evaluation procedure; and
                            (iii) adopting written procedures for the 
                        receipt and resolution of complaints alleging a 
                        violation of law with respect to a program to 
                        which the grant relates; and
                    (C) the administering entity for that State shall 
                cooperate in carrying out any evaluation--
                            (i) of any program that relates to a grant 
                        awarded to the covered recipient; and
                            (ii) that is carried out by or for the 
                        Assistant Secretary or another Federal 
                        official;
            (2) the administering entity for that State shall--
                    (A) use fiscal control and fund accounting 
                procedures that ensure the proper disbursement of, and 
                accounting for, any Federal funds that the State is 
                awarded under this section;
                    (B) submit to the Assistant Secretary any reports 
                that may be necessary to enable the Assistant Secretary 
                to perform the duties of the Assistant Secretary under 
                this section;
                    (C) maintain any records and provide any 
                information to the Assistant Secretary, including those 
                records, that the Assistant Secretary determines is 
                necessary to enable the Assistant Secretary to perform 
                the duties of the Assistant Secretary under this 
                section; and
                    (D) with respect to any significant proposed change 
                or amendment to the State Digital Equity Plan for the 
                State, make the change or amendment available for 
                public comment in accordance with subsection (c)(2); 
                and
            (3) the State, before submitting to the Assistant Secretary 
        the State Digital Equity Plan of the State, has complied with 
        the requirements of subsection (c)(2).
    (f) Termination of Grant.--
            (1) In general.--In addition to other authority under 
        applicable law, the Assistant Secretary shall terminate a grant 
        awarded to an eligible State under this section if, after 
        notice to the State and opportunity for a hearing, the 
        Assistant Secretary determines, and presents to the State a 
        rationale and supporting information that clearly demonstrates, 
        that--
                    (A) the grant funds are not contributing to the 
                development or implementation of the State Digital 
                Equity Plan of the State, as applicable;
                    (B) the State is not upholding assurances made by 
                the State to the Assistant Secretary under subsection 
                (e); or
                    (C) the grant is no longer necessary to achieve the 
                original purpose for which the Assistant Secretary 
                awarded the grant.
            (2) Redistribution.--If the Assistant Secretary, in a 
        fiscal year, terminates a grant under paragraph (1) or under 
        other authority under applicable law, the Assistant Secretary 
        shall redistribute the unspent grant amounts--
                    (A) to eligible States to which the Assistant 
                Secretary has awarded grants under subsection (d) for 
                that fiscal year; and
                    (B) in accordance with the formula described in 
                subsection (d)(3)(A)(i).
    (g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) require any entity to which a grant, including 
                a subgrant, is awarded under this section to publicly 
                report, for each year during the period described in 
                subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, 
                with respect to the grant, and in a format specified by 
                the Assistant Secretary, on--
                            (i) the use of that grant by the entity;
                            (ii) the progress of the entity towards 
                        fulfilling the objectives for which the grant 
                        was awarded; and
                            (iii) the implementation of the State 
                        Digital Equity Plan of the State;
                    (B) establish appropriate mechanisms to ensure that 
                any entity to which a grant, including a subgrant, is 
                awarded under this section--
                            (i) uses the grant amounts in an 
                        appropriate manner; and
                            (ii) complies with all terms with respect 
                        to the use of the grant amounts; and
                    (C) create and maintain a fully searchable 
                database, which shall be accessible on the internet at 
                no cost to the public, that contains, at a minimum--
                            (i) the application of each State that has 
                        applied for a grant under this section;
                            (ii) the status of each application 
                        described in clause (i);
                            (iii) each report submitted by an entity 
                        under subparagraph (A);
                            (iv) a record of public comments received 
                        during the comment period described in 
                        subsection (c)(2)(A) regarding the State 
                        Digital Equity Plan of a State, as well as any 
                        written responses to or actions taken as a 
                        result of those comments; and
                            (v) any other information that the 
                        Assistant Secretary considers appropriate to 
                        ensure that the public has sufficient 
                        information to understand and monitor grants 
                        awarded under this section; and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under this section.
    (h) Supplement Not Supplant.--A grant or subgrant awarded under 
this section shall supplement, not supplant, other Federal or State 
funds that have been made available to carry out activities described 
in this section.
    (i) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
            (1) not more than 5 percent for the implementation and 
        administration of the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to--
                            (i) States, or administering entities for 
                        States, to prepare the applications of those 
                        States; and
                            (ii) administering entities with respect to 
                        grants awarded under this section;
                    (C) developing the report required under section 
                1203(a); and
                    (D) providing assistance specific to Indian Tribes, 
                tribally designated entities, and Native Hawaiian 
                organizations, including--
                            (i) conducting annual outreach to Indian 
                        Tribes and Native Hawaiian organizations on the 
                        availability of technical assistance for 
                        applying for or otherwise participating in the 
                        Program;
                            (ii) providing technical assistance at the 
                        request of any Indian Tribe, tribally 
                        designated entity, or Native Hawaiian 
                        organization that is applying for or 
                        participating in the Program in order to 
                        facilitate the fulfillment of any applicable 
                        requirements in subsections (c) and (d); and
                            (iii) providing additional technical 
                        assistance at the request of any Indian Tribe, 
                        tribally designated entity, or Native Hawaiian 
                        organization that is applying for or 
                        participating in the Program to improve the 
                        development or implementation of a Digital 
                        Equity plan, such as--
                                    (I) assessing all Federal programs 
                                that are available to assist the Indian 
                                Tribe, tribally designated entity, or 
                                Native Hawaiian organization in meeting 
                                the goals of a Digital Equity plan;
                                    (II) identifying all applicable 
                                Federal, State, and Tribal statutory 
                                provisions, regulations, policies, and 
                                procedures that the Assistant Secretary 
                                determines are necessary to adhere to 
                                for the deployment of broadband 
                                service;
                                    (III) identifying obstacles to the 
                                deployment of broadband service under a 
                                Digital Equity plan, as well as 
                                potential solutions; or
                                    (IV) identifying activities that 
                                may be necessary to the success of a 
                                Digital Equity plan, including digital 
                                literacy training, technical support, 
                                privacy and cybersecurity expertise, 
                                and other end-user technology needs; 
                                and
            (2) not less than 5 percent to award grants directly to 
        Indian Tribes, tribally designated entities, and Native 
        Hawaiian organizations to allow those Tribes, entities, and 
        organizations to carry out the activities described in this 
        section.
    (j) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Secretary--
            (1) for the award of grants under subsection (c)(3), 
        $60,000,000 for fiscal year 2022, and such amount is authorized 
        to remain available through fiscal year 2026; and
            (2) for the award of grants under subsection (d), 
        $625,000,000 for fiscal year 2022, and such amount is 
        authorized to remain available through fiscal year 2026.

SEC. 1202. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.

    (a) Establishment.--
            (1) In general.--Not later than 30 days after the date on 
        which the Assistant Secretary begins awarding grants under 
        section 1201(d), and not before that date, the Assistant 
        Secretary shall establish in the Office the Digital Equity 
        Competitive Grant Program (referred to in this section as the 
        ``Program''), the purpose of which is to award grants to 
        support efforts to achieve digital equity, promote digital 
        inclusion activities, and spur greater adoption of broadband 
        service among covered populations.
            (2) Consultation; no conflict.--In establishing the Program 
        under paragraph (1), the Assistant Secretary--
                    (A) may consult a State with respect to--
                            (i) the identification of groups described 
                        in subparagraphs (A) through (H) of section 
                        2(6) located in that State; and
                            (ii) the allocation of grant funds within 
                        that State for projects in or affecting the 
                        State; and
                    (B) shall--
                            (i) consult with--
                                    (I) the Secretary of Agriculture;
                                    (II) the Secretary of Housing and 
                                Urban Development;
                                    (III) the Secretary of Education;
                                    (IV) the Secretary of Labor;
                                    (V) the Secretary of Health and 
                                Human Services;
                                    (VI) the Secretary of Veterans 
                                Affairs;
                                    (VII) the Secretary of the 
                                Interior;
                                    (VIII) the Assistant Secretary for 
                                Indian Affairs of the Department of the 
                                Interior;
                                    (IX) the Commission;
                                    (X) the Federal Trade Commission;
                                    (XI) the Director of the Institute 
                                of Museum and Library Services;
                                    (XII) the Administrator of the 
                                Small Business Administration;
                                    (XIII) the Federal Cochairman of 
                                the Appalachian Regional Commission; 
                                and
                                    (XIV) the head of any other Federal 
                                agency that the Assistant Secretary 
                                determines to be appropriate; and
                            (ii) ensure that the Program complements 
                        and enhances, and does not conflict with, other 
                        Federal broadband support programs and 
                        Universal Service Fund Programs.
    (b) Eligibility.--The Assistant Secretary may award a grant under 
the Program to any of the following entities if the entity is not 
serving, and has not served, as the administering entity for a State 
under section 1201(b):
            (1) A political subdivision, agency, or instrumentality of 
        a State, including an agency of a State that is responsible for 
        administering or supervising adult education and literacy 
        activities in the State.
            (2) An Indian Tribe, a tribally designated entity, or a 
        Native Hawaiian organization.
            (3) An entity that is--
                    (A) a not-for-profit entity; and
                    (B) not a school.
            (4) An anchor institution.
            (5) A local educational agency.
            (6) An entity that carries out a workforce development 
        program.
            (7) A consortium of any of the entities described in 
        paragraphs (1) through (6).
            (8) A consortium of--
                    (A) an entity described in any of paragraphs (1) 
                through (6); and
                    (B) an entity that--
                            (i) the Assistant Secretary, by rule, 
                        determines to be in the public interest; and
                            (ii) is not a school.
    (c) Application.--An entity that wishes to be awarded a grant under 
the Program shall submit to the Assistant Secretary an application--
            (1) at such time, in such form, and containing such 
        information as the Assistant Secretary may require; and
            (2) that--
                    (A) provides a detailed explanation of how the 
                entity will use any grant amounts awarded under the 
                Program to carry out the purposes of the Program in an 
                efficient and expeditious manner;
                    (B) identifies the period in which the applicant 
                will expend the grant funds awarded under the Program;
                    (C) includes--
                            (i) a justification for the amount of the 
                        grant that the applicant is requesting; and
                            (ii) for each fiscal year in which the 
                        applicant will expend the grant funds, a budget 
                        for the activities that the grant funds will 
                        support;
                    (D) demonstrates to the satisfaction of the 
                Assistant Secretary that the entity--
                            (i) is capable of carrying out the project 
                        or function to which the application relates 
                        and the activities described in subsection 
                        (h)--
                                    (I) in a competent manner; and
                                    (II) in compliance with all 
                                applicable Federal, State, and local 
                                laws; and
                            (ii) if the applicant is an entity 
                        described in subsection (b)(1), will 
                        appropriate or otherwise unconditionally 
                        obligate from non-Federal sources funds that 
                        are necessary to meet the requirements of 
                        subsection (e);
                    (E) discloses to the Assistant Secretary the source 
                and amount of other Federal, State, or outside funding 
                sources from which the entity receives, or has applied 
                for, funding for activities or projects to which the 
                application relates; and
                    (F) provides--
                            (i) the assurances that are required under 
                        subsection (f); and
                            (ii) an assurance that the entity shall 
                        follow such additional procedures as the 
                        Assistant Secretary may require to ensure that 
                        grant funds are used and accounted for in an 
                        appropriate manner.
    (d) Award of Grants.--
            (1) Factors considered in award of grants.--In deciding 
        whether to award a grant under the Program, the Assistant 
        Secretary shall, to the extent practicable, consider--
                    (A) whether--
                            (i) an application will, if approved--
                                    (I) increase access to broadband 
                                service and the adoption of broadband 
                                service among covered populations to be 
                                served by the applicant; and
                                    (II) not result in unjust 
                                enrichment; and
                            (ii) the applicant is, or plans to 
                        subcontract with, a socially and economically 
                        disadvantaged small business concern;
                    (B) the comparative geographic diversity of the 
                application in relation to other eligible applications; 
                and
                    (C) the extent to which an application may 
                duplicate or conflict with another program.
            (2) Use of funds.--
                    (A) In general.--In addition to the activities 
                required under subparagraph (B), an entity to which the 
                Assistant Secretary awards a grant under the Program 
                shall use the grant amounts to support not less than 
                one of the following activities:
                            (i) To develop and implement digital 
                        inclusion activities that benefit covered 
                        populations.
                            (ii) To facilitate the adoption of 
                        broadband service by covered populations, 
                        including by raising awareness of subsidies 
                        available to increase affordability of such 
                        service (including subsidies available through 
                        the Commission), in order to provide 
                        educational and employment opportunities to 
                        those populations.
                            (iii) To implement, consistent with the 
                        purposes of this subtitle--
                                    (I) training programs for covered 
                                populations that cover basic, advanced, 
                                and applied skills; or
                                    (II) other workforce development 
                                programs.
                            (iv) To make available equipment, 
                        instrumentation, networking capability, 
                        hardware and software, or digital network 
                        technology for broadband service to covered 
                        populations at low or no cost.
                            (v) To construct, upgrade, expend, or 
                        operate new or existing public access computing 
                        centers for covered populations through anchor 
                        institutions.
                            (vi) To undertake any other project or 
                        activity that the Assistant Secretary finds to 
                        be consistent with the purposes for which the 
                        Program is established.
                    (B) Evaluation.--
                            (i) In general.--An entity to which the 
                        Assistant Secretary awards a grant under the 
                        Program shall use not more than 10 percent of 
                        the grant amounts to measure and evaluate the 
                        activities supported with the grant amounts.
                            (ii) Submission to assistant secretary.--An 
                        entity to which the Assistant Secretary awards 
                        a grant under the Program shall submit to the 
                        Assistant Secretary each measurement and 
                        evaluation performed under clause (i)--
                                    (I) in a manner specified by the 
                                Assistant Secretary;
                                    (II) not later than 15 months after 
                                the date on which the entity is awarded 
                                the grant amounts; and
                                    (III) annually after the submission 
                                described in subclause (II) for any 
                                year in which the entity expends grant 
                                amounts.
                    (C) Administrative costs.--An entity to which the 
                Assistant Secretary awards a grant under the Program 
                may use not more than 10 percent of the amount of the 
                grant for administrative costs in carrying out any of 
                the activities described in subparagraph (A).
                    (D) Time limitations.--With respect to a grant 
                awarded to an entity under the Program, the entity--
                            (i) except as provided in clause (ii), 
                        shall expend the grant amounts during the 4-
                        year period beginning on the date on which the 
                        entity is awarded the grant amounts; and
                            (ii) during the 1-year period beginning on 
                        the date that is 4 years after the date on 
                        which the entity is awarded the grant amounts, 
                        may continue to measure and evaluate the 
                        activities supported with the grant amounts, as 
                        required under subparagraph (B).
                    (E) Contracting requirements.--All laborers and 
                mechanics employed by contractors or subcontractors in 
                the performance of construction, alteration, or repair 
                work carried out, in whole or in part, with a grant 
                under the Program shall be paid wages at rates not less 
                than those prevailing on projects of a similar 
                character in the locality as determined by the 
                Secretary of Labor in accordance with subchapter IV of 
                chapter 31 of title 40, United States Code. With 
                respect to the labor standards in this subparagraph, 
                the Secretary of Labor shall have the authority and 
                functions set forth in Reorganization Plan Numbered 14 
                of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 
                of title 40, United States Code.
                    (F) Neutrality requirement.--An employer to which 
                the Assistant Secretary awards a grant under the 
                Program shall remain neutral with respect to the 
                exercise of employees and labor organizations of the 
                right to organize and bargain under the National Labor 
                Relations Act (29 U.S.C. 151 et seq.).
                    (G) Referral of alleged violations of applicable 
                federal labor and employment laws.--The Assistant 
                Secretary shall refer any alleged violation of an 
                applicable labor and employment law to the appropriate 
                Federal agency for investigation and enforcement, any 
                alleged violation of subparagraph (E) or (F) to the 
                National Labor Relations Board for investigation and 
                enforcement, utilizing all appropriate remedies up to 
                and including debarment from the Program.
    (e) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of any project for which the Assistant Secretary 
        awards a grant under the Program may not exceed 90 percent.
            (2) Exception.--The Assistant Secretary may grant a waiver 
        with respect to the limitation on the Federal share of a 
        project described in paragraph (1) if--
                    (A) the applicant with respect to the project 
                petitions the Assistant Secretary for the waiver; and
                    (B) the Assistant Secretary determines that the 
                petition described in subparagraph (A) demonstrates 
                financial need.
    (f) Assurances.--When applying for a grant under this section, an 
entity shall include in the application for that grant assurances that 
the entity will--
            (1) use any grant funds that the entity is awarded in 
        accordance with any applicable statute, regulation, or 
        application procedure;
            (2) adopt and use proper methods of administering any grant 
        that the entity is awarded, including by--
                    (A) enforcing any obligation imposed under law on 
                any agency, institution, organization, or other entity 
                that is responsible for carrying out a program to which 
                the grant relates;
                    (B) correcting any deficiency in the operation of a 
                program to which the grant relates, as identified 
                through an audit or another monitoring or evaluation 
                procedure; and
                    (C) adopting written procedures for the receipt and 
                resolution of complaints alleging a violation of law 
                with respect to a program to which the grant relates;
            (3) cooperate with respect to any evaluation--
                    (A) of any program that relates to a grant awarded 
                to the entity; and
                    (B) that is carried out by or for the Assistant 
                Secretary or another Federal official;
            (4) use fiscal control and fund accounting procedures that 
        ensure the proper disbursement of, and accounting for, any 
        Federal funds that the entity is awarded under the Program;
            (5) submit to the Assistant Secretary any reports that may 
        be necessary to enable the Assistant Secretary to perform the 
        duties of the Assistant Secretary under the Program; and
            (6) maintain any records and provide any information to the 
        Assistant Secretary, including those records, that the 
        Assistant Secretary determines is necessary to enable the 
        Assistant Secretary to perform the duties of the Assistant 
        Secretary under the Program.
    (g) Termination of Grant.--In addition to other authority under 
applicable law, the Assistant Secretary shall--
            (1) terminate a grant awarded to an entity under this 
        section if, after notice to the entity and opportunity for a 
        hearing, the Assistant Secretary determines, and presents to 
        the entity a rationale and supporting information that clearly 
        demonstrates, that--
                    (A) the grant funds are not being used in a manner 
                that is consistent with the application with respect to 
                the grant submitted by the entity under subsection (c);
                    (B) the entity is not upholding assurances made by 
                the entity to the Assistant Secretary under subsection 
                (f); or
                    (C) the grant is no longer necessary to achieve the 
                original purpose for which the Assistant Secretary 
                awarded the grant; and
            (2) with respect to any grant funds that the Assistant 
        Secretary terminates under paragraph (1) or under other 
        authority under applicable law, competitively award the grant 
        funds to another applicant (if such an applicant exists), 
        consistent with the requirements of this section.
    (h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) require any entity to which the Assistant 
                Secretary awards a grant under the Program to, for each 
                year during the period described in clause (i) of 
                subsection (d)(2)(D) with respect to the grant and 
                during the period described in clause (ii) of such 
                subsection with respect to the grant if the entity 
                continues to measure and evaluate the activities 
                supported with the grant amounts during such period, 
                submit to the Assistant Secretary a report, in a format 
                specified by the Assistant Secretary, regarding--
                            (i) the use by the entity of the grant 
                        amounts; and
                            (ii) the progress of the entity towards 
                        fulfilling the objectives for which the grant 
                        was awarded;
                    (B) establish mechanisms to ensure appropriate use 
                of, and compliance with respect to all terms regarding, 
                grant funds awarded under the Program;
                    (C) create and maintain a fully searchable 
                database, which shall be accessible on the internet at 
                no cost to the public, that contains, at a minimum--
                            (i) a list of each entity that has applied 
                        for a grant under the Program;
                            (ii) a description of each application 
                        described in clause (i), including the proposed 
                        purpose of each grant described in that clause;
                            (iii) the status of each application 
                        described in clause (i), including whether the 
                        Assistant Secretary has awarded a grant with 
                        respect to the application and, if so, the 
                        amount of the grant;
                            (iv) each report submitted by an entity 
                        under subparagraph (A); and
                            (v) any other information that the 
                        Assistant Secretary considers appropriate to 
                        ensure that the public has sufficient 
                        information to understand and monitor grants 
                        awarded under the Program; and
                    (D) ensure that any entity with respect to which an 
                award is terminated under subsection (g) may, in a 
                timely manner, appeal or otherwise challenge that 
                termination; and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under the Program.
    (i) Supplement Not Supplant.--A grant awarded to an entity under 
the Program shall supplement, not supplant, other Federal or State 
funds that have been made available to the entity to carry out 
activities described in this section.
    (j) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
            (1) not more than 5 percent for the implementation and 
        administration of the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to entities to prepare the 
                applications of those entities with respect to grants 
                awarded under this section;
                    (C) developing the report required under section 
                1203(a); and
                    (D) conducting outreach to entities that may be 
                eligible to be awarded a grant under the Program 
                regarding opportunities to apply for such a grant; and
            (2) not less than 5 percent to award grants directly to 
        Indian Tribes, tribally designated entities, and Native 
        Hawaiian organizations to allow those Tribes, entities, and 
        organizations to carry out the activities described in this 
        section.
    (k) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Secretary $625,000,000 to carry out this 
section for fiscal year 2022, and such amount is authorized to remain 
available through fiscal year 2026.

SEC. 1203. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING, 
              EVALUATION, AND DISSEMINATION.

    (a) Reporting Requirements.--
            (1) In general.--Not later than 1 year after the date on 
        which the Assistant Secretary begins awarding grants under 
        section 1201(d), and annually thereafter, the Assistant 
        Secretary shall--
                    (A) submit to the appropriate committees of 
                Congress a report that documents, for the year covered 
                by the report--
                            (i) the findings of each evaluation 
                        conducted under subparagraph (B);
                            (ii) a list of each grant awarded under 
                        each covered program, which shall include--
                                    (I) the amount of each such grant;
                                    (II) the recipient of each such 
                                grant; and
                                    (III) the purpose for which each 
                                such grant was awarded;
                            (iii) any termination or modification of a 
                        grant awarded under the covered programs, which 
                        shall include a description of the subsequent 
                        usage of any funds to which such an action 
                        applies; and
                            (iv) each challenge made by an applicant 
                        for, or a recipient of, a grant under the 
                        covered programs and the outcome of each such 
                        challenge; and
                    (B) conduct evaluations of the activities carried 
                out under the covered programs, which shall include an 
                evaluation of--
                            (i) whether eligible States to which grants 
                        are awarded under the program established under 
                        section 1201 are--
                                    (I) abiding by the assurances made 
                                by those States under subsection (e) of 
                                that section;
                                    (II) meeting, or have met, the 
                                stated goals of the State Digital 
                                Equity Plans developed by the States 
                                under subsection (c) of that section;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those States under subsection (g) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program; and
                            (ii) whether entities to which grants are 
                        awarded under the program established under 
                        section 1202 are--
                                    (I) abiding by the assurances made 
                                by those entities under subsection (f) 
                                of that section;
                                    (II) meeting, or have met, the 
                                stated goals of those entities with 
                                respect to the use of the grant 
                                amounts;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those entities under subsection (h) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program.
            (2) Public availability.--The Assistant Secretary shall 
        make each report submitted under paragraph (1)(A) publicly 
        available in an online format that--
                    (A) facilitates access and ease of use;
                    (B) is searchable; and
                    (C) is accessible--
                            (i) to individuals with disabilities; and
                            (ii) in languages other than English.
    (b) Authority To Contract and Enter Into Other Arrangements.--The 
Assistant Secretary may award grants and enter into contracts, 
cooperative agreements, and other arrangements with Federal agencies, 
public and private organizations, and other entities with expertise 
that the Assistant Secretary determines appropriate in order to--
            (1) evaluate the impact and efficacy of activities 
        supported by grants awarded under the covered programs; and
            (2) develop, catalog, disseminate, and promote the exchange 
        of best practices, both with respect to and independent of the 
        covered programs, in order to achieve digital equity.
    (c) Consultation and Public Engagement.--In carrying out subsection 
(a), and to further the objectives described in paragraphs (1) and (2) 
of subsection (b), the Assistant Secretary shall conduct ongoing 
collaboration and consult with--
            (1) the Secretary of Agriculture;
            (2) the Secretary of Housing and Urban Development;
            (3) the Secretary of Education;
            (4) the Secretary of Labor;
            (5) the Secretary of Health and Human Services;
            (6) the Secretary of Veterans Affairs;
            (7) the Secretary of the Interior;
            (8) the Assistant Secretary for Indian Affairs of the 
        Department of the Interior;
            (9) the Commission;
            (10) the Federal Trade Commission;
            (11) the Director of the Institute of Museum and Library 
        Services;
            (12) the Administrator of the Small Business 
        Administration;
            (13) the Federal Cochairman of the Appalachian Regional 
        Commission;
            (14) State agencies and governors of States (or equivalent 
        officials);
            (15) entities serving as administering entities for States 
        under section 1201(b);
            (16) national, State, Tribal, and local organizations that 
        conduct digital inclusion activities, promote digital equity, 
        or provide digital literacy services;
            (17) researchers, academics, and philanthropic 
        organizations; and
            (18) other agencies, organizations (including international 
        organizations), entities (including entities with expertise in 
        the fields of data collection, analysis and modeling, and 
        evaluation), and community stakeholders, as determined 
        appropriate by the Assistant Secretary.
    (d) Technical Support and Assistance.--The Assistant Secretary 
shall provide technical support and assistance to potential applicants 
for the covered programs and entities awarded grants under the covered 
programs, to ensure consistency in data reporting and to meet the 
objectives of this section.

SEC. 1204. GENERAL PROVISIONS.

    (a) Nondiscrimination.--
            (1) In general.--No individual in the United States may, on 
        the basis of actual or perceived race, color, religion, 
        national origin, sex, gender identity, sexual orientation, age, 
        or disability, be excluded from participation in, be denied the 
        benefits of, or be subjected to discrimination under any 
        program or activity that is funded in whole or in part with 
        funds made available under this subtitle.
            (2) Enforcement.--The Assistant Secretary shall effectuate 
        paragraph (1) with respect to any program or activity described 
        in that paragraph by issuing regulations and taking actions 
        consistent with section 602 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d-1).
            (3) Judicial review.--Judicial review of an action taken by 
        the Assistant Secretary under paragraph (2) shall be available 
        to the extent provided in section 603 of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000d-2).
    (b) Technological Neutrality.--The Assistant Secretary shall, to 
the extent practicable, carry out this subtitle in a technologically 
neutral manner.
    (c) Audit and Oversight.--There are authorized to be appropriated 
to the Office of Inspector General of the Department of Commerce for 
audits and oversight of funds made available to carry out this 
subtitle, $1,000,000 for fiscal year 2022, and such amount is 
authorized to remain available through fiscal year 2026.

       TITLE II--BROADBAND AFFORDABILITY AND PRICING TRANSPARENCY

                  Subtitle A--Broadband Affordability

SEC. 2101. AUTHORIZATION FOR ADDITIONAL FUNDS FOR THE EMERGENCY 
              BROADBAND CONNECTIVITY FUND.

    There are authorized to be appropriated to the Emergency Broadband 
Connectivity Fund established under subsection (i) of section 904 of 
title IX of division N of the Consolidated Appropriations Act, 2021 
(Public Law 116-260) $6,000,000,000 for fiscal year 2022 for the 
purposes described in paragraph (3) of such subsection, and such amount 
is authorized to remain available through fiscal year 2026.

SEC. 2102. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE ELIGIBILITY 
              VERIFIER.

    (a) In General.--Not later than 45 days after the date of the 
enactment of this Act, the Commission shall establish a program to 
provide a grant, from amounts appropriated under subsection (d), to 
each eligible entity for the purpose described under subsection (b).
    (b) Purpose.--The Commission shall make a grant to each eligible 
entity for the purpose of establishing or amending a connection between 
the databases of such entity that contain information concerning the 
receipt by a household, or a member of a household, of benefits under a 
program administered by such entity (including any benefit provided 
under the supplemental nutrition assistance program under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)) and the National 
Lifeline Eligibility Verifier so that the receipt by a household, or a 
member of a household, of benefits under such benefits program--
            (1) is reflected in the National Lifeline Eligibility 
        Verifier; and
            (2) can be used to verify eligibility for--
                    (A) the Lifeline program established under subpart 
                E, part 54, of title 47, Code of Federal Regulations 
                (or any successor regulation); and
                    (B) the Emergency Broadband Benefit Program 
                established under section 904(b) of title IX of 
                division N of the Consolidated Appropriations Act, 2021 
                (Public Law 116-260).
    (c) Disbursement of Grant Funds.--Not later than 60 days after the 
program established under subsection (a) is established, funds provided 
under each grant made under such subsection shall be disbursed to the 
entity receiving such grant.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 for fiscal year 2022 for the purposes of 
carrying out this section, and such amount is authorized to remain 
available through fiscal year 2026.
    (e) Eligible Entities.--In this section, the term ``eligible 
entity'' means an entity that--
            (1) is a State or Tribal entity; and
            (2) not later than 30 days after the date of the enactment 
        of this Act, submits to the Commission an application 
        containing such information as the Commission may require.

SEC. 2103. FEDERAL COORDINATION BETWEEN NATIONAL ELIGIBILITY VERIFIER 
              AND NATIONAL ACCURACY CLEARINGHOUSE.

    Notwithstanding section 11(x)(2)(C)(i) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)), not later than 180 days after 
the date of the enactment of this Act, the Commission shall, in 
coordination with the Secretary of Agriculture, establish an automated 
connection, to the maximum extent practicable, between the National 
Lifeline Eligibility Verifier and the National Accuracy Clearinghouse 
established under section 11(x) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2020(x)) for the supplemental nutrition assistance program.

SEC. 2104. FEDERAL COORDINATION BETWEEN LIFELINE AND SNAP VERIFICATION.

    (a) In General.--Notwithstanding section 11(x)(2)(c)(i) of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)), not later than 
180 days after the date of enactment of this Act, the Commission shall, 
in coordination with the Secretary of Agriculture, establish an 
automated connection, to the maximum extent practicable, between the 
National Lifeline Eligibility Verifier and the National Accuracy 
Clearinghouse established under section 11(x) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2020(x)) for the Supplemental Nutrition 
Assistance Program.
    (b) Annual Report.--Not later than 1 year after the date of 
enactment of this Act, and each year thereafter, the Secretary of 
Agriculture, in consultation with the Commission, shall produce a 
report on enrollment in the Lifeline program by individuals 
participating in the supplemental nutrition assistance program 
established under the Food and Nutrition Act of 2008 (7 U.S.C. 20112 et 
seq.).
    (c) Study.--Not later than 1 year after the date of enactment of 
this Act, the Commission shall conduct a study and submit a report to 
the Congress on--
            (1) the projected number of new broadband service consumers 
        who adopted broadband service through a Federal assistance 
        program; and
            (2) data that illustrates the efficacy of various 
        advertising efforts on eligibility for the Lifeline program.

SEC. 2105. DEFINITIONS.

    In this subtitle:
            (1) Automated connection.--The term ``automated 
        connection'' means a connection between two or more information 
        systems where the manual input of information in one system 
        leads to the automatic input of the same information into any 
        other connected system.
            (2) National lifeline eligibility verifier.--The term 
        ``National Lifeline Eligibility Verifier'' has the meaning 
        given such term in section 54.400 of title 47, Code of Federal 
        Regulations (or any successor regulation).
            (3) Tribal entity.--The term ``Tribal entity'' means any of 
        the following:
                    (A) The governing body of any Indian or Alaska 
                Native Tribe, band, nation, pueblo, village, community, 
                component band, or component reservation, individually 
                recognized (including parenthetically) in the list 
                published most recently as of the date of enactment of 
                this Act pursuant to section 104 of the Federally 
                Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
                5131).
                    (B) The Department of Hawaiian Home Lands.

  Subtitle B--Additional Authorization for Emergency Connectivity Fund

SEC. 2201. ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY FUND.

    There is authorized to be appropriated to the Emergency 
Connectivity Fund established under section 7402(c) of the American 
Rescue Plan Act of 2021 $2,000,000,000 for fiscal year 2022 for the 
purposes described in such section, and such amount is authorized to 
remain available through fiscal year 2026.

     Subtitle C--Additional Authorization for Connecting Minority 
                           Communities Fund.

SEC. 2301. ADDITIONAL AUTHORIZATION FOR CONNECTING MINORITY COMMUNITIES 
              FUND.

    There are authorized to be appropriated to the Connecting Minority 
Communities Fund established under section 902(c)(2) of title IX of 
division N of the Consolidated Appropriations Act, 2021 (Public Law 
116-260) $1,000,000,000 for fiscal year 2022 for the purposes described 
in subparagraph (B) of such section, and such amount is authorized to 
remain available through fiscal year 2026.

                    Subtitle D--Pricing Transparency

SEC. 2401. DEFINITIONS.

    In this subtitle:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given the 
        term in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (2) Fixed wireless broadband.--The term ``fixed wireless 
        broadband'' means broadband internet access service that serves 
        end users primarily at fixed endpoints through stationary 
        equipment connected by the use of radio, such as by the use of 
        unlicensed spectrum.
            (3) Mobile broadband.--The term ``mobile broadband''--
                    (A) means broadband internet access service that 
                serves end users primarily using mobile stations;
                    (B) includes services that use smartphones or 
                mobile network-enabled tablets as the primary endpoints 
                for connection to the internet; and
                    (C) includes mobile satellite broadband internet 
                access services.
            (4) Provider.--The term ``provider'' means a provider of 
        fixed or mobile broadband internet access service.
            (5) Satellite broadband.--The term ``satellite broadband'' 
        means broadband internet access service that serves end users 
        primarily at fixed endpoints through stationary equipment 
        connected by the use of orbital satellites.
            (6) Terrestrial fixed broadband.--The term ``terrestrial 
        fixed broadband'' means broadband internet access service that 
        serves end users primarily at fixed endpoints through 
        stationary equipment connected by wired technology such as 
        cable, DSL, and fiber.

SEC. 2402. BROADBAND TRANSPARENCY.

    (a) Rules.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall issue final 
        rules that include a requirement for the annual collection by 
        the Commission of data relating to the price and subscription 
        rates of terrestrial fixed broadband, fixed wireless broadband, 
        satellite broadband, and mobile broadband.
            (2) Updates.--Not later than 90 days after the date on 
        which rules are issued under paragraph (1), and when determined 
        to be necessary by the Commission thereafter, the Commission 
        shall revise such rules to verify the accuracy of data 
        submitted pursuant to such rules.
            (3) Redundancy avoidance.--Nothing in this section shall be 
        construed to require the Commission, in order to meet a 
        requirement of this section, to duplicate an activity that the 
        Commission is undertaking as of the date of the enactment of 
        this Act, if the Commission refers to such activity in the 
        rules issued under paragraph (1), such activity meets the 
        requirements of this section, and the Commission discloses such 
        activity to the public.
    (b) Content of Rules.--The rules issued by the Commission under 
subsection (a)(1) shall require the Commission to collect from each 
provider of terrestrial fixed broadband, fixed wireless broadband, 
mobile broadband, or satellite broadband, data that includes--
            (1) either the weighted average of the monthly prices 
        charged to subscribed households within each census block for 
        each distinct broadband internet access service plan or tier of 
        standalone broadband internet access service, including 
        mandatory equipment charges, usage-based fees, and fees for 
        early termination of required contracts, or the monthly price 
        charged to each subscribed household, including such charges 
        and fees;
            (2) either the mean monthly price within the duration of 
        subscription contracts offered within each census block for 
        each distinct broadband internet access service plan or tier of 
        standalone broadband internet access service, including 
        mandatory equipment charges, usage-based fees, and fees for 
        early termination of required contracts, or the mean monthly 
        price within the duration of subscription contracts offered to 
        each household, including such charges and fees;
            (3) either the subscription rate within each census block 
        for each distinct broadband internet access service plan or 
        tier of standalone broadband internet access service, or 
        information regarding the subscription status of each household 
        to which a subscription is offered;
            (4) data necessary to demonstrate the actual price paid by 
        subscribers of broadband internet access service at each tier 
        for such service in a manner that--
                    (A) takes into account any discounts (or similar 
                price concessions); and
                    (B) identifies any additional taxes and fees 
                (including for the use of equipment related to the use 
                of a subscription for such service), any monthly data 
                usage limitation at the stated price, and the extent to 
                which the price of the service reflects inclusion 
                within a product bundle; and
            (5) data necessary to assess the resiliency of the 
        broadband internet access service network in the event of a 
        natural disaster or emergency.
    (c) Technical Assistance.--The Commission shall provide technical 
assistance to small providers (as defined by the Commission) of 
broadband internet access service, to ensure such providers can fulfill 
the requirements of this section.

SEC. 2403. DISTRIBUTION OF DATA.

    (a) Availability of Data.--Subject to subsection (b), the 
Commission shall make all data relating to broadband internet access 
service collected under rules required by this subtitle available in a 
commonly used electronic format to--
            (1) other Federal agencies, including the National 
        Telecommunications and Information Administration, to assist 
        that agency in conducting the study required by subsection (g) 
        of section 903 of division FF of the Consolidated 
        Appropriations Act, 2021 (Public Law 116-260), as added by this 
        Act;
            (2) a broadband office, public utility commission, 
        broadband mapping program, or other broadband program of a 
        State, in the case of data pertaining to the needs of that 
        State;
            (3) a unit of local government, in the case of data 
        pertaining to the needs of that locality; and
            (4) an individual or organization conducting research for 
        noncommercial purposes or public interest purposes.
    (b) Protection of Data.--
            (1) In general.--The Commission may not share any data 
        described in subsection (a) with an entity or individual 
        described in that subsection unless the Commission has 
        determined that the receiving entity or individual has the 
        capability and intent to protect any personally identifiable 
        information contained in the data.
            (2) Determination of personally identifiable information.--
        The Commission--
                    (A) shall define the term ``personally identifiable 
                information'', for purposes of paragraph (1), through 
                notice and comment rulemaking; and
                    (B) may not share any data under subsection (a) 
                before completing the rulemaking under subparagraph 
                (A).
    (c) Balancing Access and Protection.--If the Commission is unable 
to determine under subsection (b)(1) that an entity or individual 
requesting access to data under subsection (a) has the capability to 
protect personally identifiable information contained in the data, the 
Commission shall make as much of the data available as possible in a 
format that does not compromise personally identifiable information, 
through methods such as anonymization.

SEC. 2404. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.

    Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C. 
644(b)(2)), as added by the Broadband DATA Act (Public Law 116-130), is 
amended--
            (1) in subparagraph (A)(ii), by striking the semicolon at 
        the end and inserting ``; and'';
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) coordinate with the Postmaster General, the 
                heads of other Federal agencies that operate delivery 
                fleet vehicles, and the Director of the Bureau of the 
                Census for assistance with data collection whenever 
                coordination could feasibly yield more specific 
                geographic data.''; and
            (3) by striking subparagraph (C).

SEC. 2405. ADOPTION OF CONSUMER BROADBAND LABELS.

    (a) Final Rule.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall promulgate regulations to 
promote and incentivize the widespread adoption of broadband consumer 
labels, as described in the Public Notice of the Commission issued on 
April 4, 2016 (DA 16-357), to disclose to consumers information 
regarding broadband internet access service plans.
    (b) Hearings.--In issuing the final rule under subsection (a), the 
Commission shall conduct a series of public hearings to assess, at the 
time of the proceeding--
            (1) how consumers evaluate broadband internet access 
        service plans; and
            (2) whether disclosures to consumers of information 
        regarding broadband internet access service plans, including 
        those required under section 8.1 of title 47, Code of Federal 
        Regulations, are available, effective, and sufficient.

SEC. 2406. GAO REPORT.

    Not later than one year after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to the 
Committee on Energy and Commerce of the House of Representatives, the 
Committee on Agriculture of the House of Representatives, the Committee 
on Transportation and Infrastructure of the House of the 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, the Committee on Environment and Public Works of the 
Senate, and the Committee on Agriculture, Nutrition, and Forestry of 
the Senate, a report that evaluates the process used by the Commission 
for establishing, reviewing, and updating the upload and download 
broadband internet access service speed thresholds, including--
            (1) how the Commission reviews and updates broadband 
        internet access speed thresholds;
            (2) whether the Commission considers future broadband 
        internet access service speed needs when establishing broadband 
        internet access service speed thresholds, including whether the 
        Commission considers the need, or the anticipated need, for 
        higher upload or download broadband internet access service 
        speeds in the five-year period and the ten-year period after 
        the date on which a broadband internet access service speed 
        threshold is to be established; and
            (3) how the Commission considers the impacts of changing 
        uses of the internet in establishing, reviewing, or updating 
        broadband internet access service speed thresholds, including--
                    (A) the proliferation of internet-based business;
                    (B) working remotely and running a business from 
                home;
                    (C) video teleconferencing;
                    (D) distance learning;
                    (E) in-house web hosting; and
                    (F) cloud data storage.

                      TITLE III--BROADBAND ACCESS

               Subtitle A--Expansion of Broadband Access

SEC. 3101. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS 
              WITH LOW-TIER OR MID-TIER SERVICE.

    (a) In General.--Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is amended by adding at the end the following new 
section:

``SEC. 723. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS 
              WITH LOW-TIER OR MID-TIER SERVICE.

    ``(a) Program Established.--Not later than 180 days after the date 
of the enactment of this section, the Commission, in consultation with 
the Assistant Secretary, shall establish a program to expand access to 
broadband service for unserved areas, areas with low-tier service, 
areas with mid-tier service, and unserved anchor institutions in 
accordance with the requirements of this section that--
            ``(1) is separate from any universal service program 
        established pursuant to section 254; and
            ``(2) does not require funding recipients to be designated 
        as eligible telecommunications carriers under section 214(e).
    ``(b) Use of Program Funds.--
            ``(1) Expanding access to broadband service through 
        national system of competitive bidding.--Not later than 18 
        months after the date of the enactment of this section, the 
        Commission shall award 75 percent of the amounts appropriated 
        under subsection (g) through national systems of competitive 
        bidding to funding recipients only to expand access to 
        broadband service in unserved areas and areas with low-tier 
        service.
            ``(2) Expanding access to broadband service through 
        states.--
                    ``(A) Distribution of funds to states.--Not later 
                than 255 days after the date of the enactment of this 
                section, the Commission shall distribute 25 percent of 
                the amounts appropriated under subsection (g) among the 
                States, as follows:
                            ``(i) $100,000,000 shall be distributed to 
                        each of the 50 States, the District of 
                        Columbia, and Puerto Rico.
                            ``(ii) $100,000,000 shall be allocated 
                        equally among and distributed to the United 
                        States Virgin Islands, Guam, American Samoa, 
                        the Commonwealth of the Northern Mariana 
                        Islands, the Republic of the Marshall Islands, 
                        the Federated States of Micronesia, and the 
                        Republic of Palau.
                            ``(iii) The remainder shall be allocated 
                        among and distributed to the entities described 
                        in clause (i), in proportion to the population 
                        of each such entity.
                    ``(B) Public notice.--Not later than 195 days after 
                the date of the enactment of this section, the 
                Commission shall issue a public notice informing each 
                State and the public of the amounts to be distributed 
                under this paragraph. The notice shall include--
                            ``(i) the manner in which a State shall 
                        inform the Commission of that State's 
                        acceptance or acceptance in part of the amounts 
                        to be distributed under this paragraph;
                            ``(ii) the date (which is 30 days after the 
                        date on which the public notice is issued) by 
                        which such acceptance or acceptance in part is 
                        due; and
                            ``(iii) the requirements as set forth under 
                        this section and as may be further prescribed 
                        by the Commission.
                    ``(C) Acceptance by states.--Not later than 30 days 
                after the date on which a public notice is issued under 
                subparagraph (B), each State accepting amounts to be 
                distributed under this paragraph shall inform the 
                Commission of the acceptance or acceptance in part by 
                the State of the amounts to be distributed under this 
                paragraph in the manner described by the Commission in 
                the public notice.
                    ``(D) Requirements for state receipt of amounts 
                distributed.--Each State accepting amounts distributed 
                under this paragraph--
                            ``(i) shall only award such amounts through 
                        statewide systems of competitive bidding, in 
                        the manner prescribed by the State but subject 
                        to the requirements as set forth under this 
                        section and as may be further prescribed by the 
                        Commission;
                            ``(ii) shall make such awards only--
                                    ``(I) to funding recipients to 
                                expand access to broadband service in 
                                unserved areas and areas with low-tier 
                                service;
                                    ``(II) to funding recipients to 
                                expand access to broadband service to 
                                unserved anchor institutions; or
                                    ``(III) to funding recipients to 
                                expand access to broadband service in 
                                areas with mid-tier service, but only 
                                if a State does not have, or no longer 
                                has, any unserved areas or areas with 
                                low-tier service;
                            ``(iii) shall conduct separate systems of 
                        competitive bidding for awards made to unserved 
                        anchor institutions under clause (ii)(II), if a 
                        State awards any amounts distributed under this 
                        paragraph to unserved anchor institutions;
                            ``(iv) shall return any unused portion of 
                        amounts distributed under this paragraph to the 
                        Commission within 10 years after the date of 
                        the enactment of this section and shall submit 
                        a certification to the Commission before 
                        receiving such amounts that the State will 
                        return such amounts; and
                            ``(v) may not use more than 5 percent of 
                        the amounts distributed under this paragraph to 
                        administer a system or systems of competitive 
                        bidding authorized by this paragraph.
            ``(3) Federal and state coordination.--The Commission, in 
        consultation with the Office of Internet Connectivity and 
        Growth, shall establish processes through the rulemaking under 
        subsection (e) to--
                    ``(A) permit a State to elect for the Commission to 
                conduct statewide systems of competitive bidding on 
                behalf of such State as part of, or in coordination 
                with, national systems of competitive bidding;
                    ``(B) assist States in conducting statewide systems 
                of competitive bidding;
                    ``(C) ensure that program funds awarded by the 
                Commission and program funds awarded by the States are 
                not used in the same areas; and
                    ``(D) ensure that program funds and funds awarded 
                through other Federal programs to expand broadband 
                service with a download speed of at least 100 megabits 
                per second, an upload speed of at least 100 megabits 
                per second, and latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications, are not used in the same areas.
    ``(c) Program Requirements.--
            ``(1) Technology neutrality required.--The entity 
        administering a system of competitive bidding (either a State 
        or the Commission) in making awards may not favor a project 
        using any particular technology.
            ``(2) Gigabit performance funding.--The Commission shall 
        reserve 20 percent of the amounts to be awarded by the 
        Commission under subsection (b)(1), and each State shall 
        reserve 20 percent of the amounts distributed to such State 
        under subsection (b)(2), for bidders committing (with respect 
        to any particular project by such a bidder) to offer, not later 
        than the date that is 4 years after the date on which funding 
        is provided under this section for such project--
                    ``(A) broadband service with a download speed of at 
                least 1 gigabit per second, an upload speed of at least 
                1 gigabit per second, and latency that is sufficiently 
                low to allow multiple, simultaneous, real-time, 
                interactive applications; or
                    ``(B) in the case of a project to provide broadband 
                service to an unserved anchor institution, broadband 
                service with a download speed of at least 10 gigabits 
                per second per 1,000 users, an upload speed of at least 
                10 gigabits per second per 1,000 users, and latency 
                that is sufficiently low to allow multiple, 
                simultaneous, real-time, interactive applications.
            ``(3) System of competitive bidding process.--The entity 
        administering a system of competitive bidding (either a State 
        or the Commission) shall structure the system of competitive 
        bidding process to--
                    ``(A) first hold a system of competitive bidding 
                only for bidders committing (with respect to any 
                particular project by such a bidder) to offer, not 
                later than the date that is 4 years after the date on 
                which funding is provided under this section for such 
                project--
                            ``(i) broadband service with a download 
                        speed of at least 1 gigabit per second, an 
                        upload speed of at least 1 gigabit per second, 
                        and latency that is sufficiently low to allow 
                        multiple, simultaneous, real-time, interactive 
                        applications; or
                            ``(ii) in the case of a project to provide 
                        broadband service to an unserved anchor 
                        institution, broadband service with a download 
                        speed of at least 10 gigabits per second per 
                        1,000 users, an upload speed of at least 10 
                        gigabits per second per 1,000 users, and 
                        latency that is sufficiently low to allow 
                        multiple, simultaneous, real-time, interactive 
                        applications; and
                    ``(B) after holding the system of competitive 
                bidding required by subparagraph (A), hold one or more 
                systems of competitive bidding, in areas not receiving 
                awards under subparagraph (A), to award funds for 
                projects in areas that are estimated to remain unserved 
                areas, areas with low-tier service, or (to the extent 
                permitted under this section) areas with mid-tier 
                service, or (to the extent permitted under this 
                section) for projects to offer broadband service to 
                anchor institutions that are estimated to remain 
                unserved anchor institutions, after the completion of 
                the projects for which funding is awarded under the 
                system of competitive bidding required by subparagraph 
                (A) or any previous system of competitive bidding under 
                this subparagraph.
            ``(4) Funds priority preference.--There shall be a 
        preference in a system of competitive bidding for projects that 
        would expand access to broadband service in areas where at 
        least 90 percent of the population has no access to broadband 
        service or does not have access to broadband service offered 
        with a download speed of at least 25 megabits per second, with 
        an upload speed of at least 3 megabits per second, and with 
        latency that is sufficiently low to allow multiple, 
        simultaneous, real-time, interactive applications. Such 
        projects shall be given priority in such system of competitive 
        bidding over all other projects, regardless of how many 
        preferences under paragraph (5) for which such other projects 
        qualify.
            ``(5) Funds preference.--There shall be a preference in a 
        system of competitive bidding, as determined by the entity 
        administering the system of competitive bidding (either a State 
        or the Commission), for any of the following projects:
                    ``(A) Projects with at least 20 percent matching 
                funds from non-Federal sources.
                    ``(B) Projects that would expand access to 
                broadband service on Tribal lands, as defined by the 
                Commission.
                    ``(C) Projects that would provide broadband service 
                with higher speeds than those specified in subsection 
                (d)(2), except in the case of funds awarded under 
                subparagraph (A) of paragraph (3).
                    ``(D) Projects that would expand access to 
                broadband service in advance of the time specified in 
                subsection (e)(5), except in the case of funds awarded 
                under subparagraph (A) of paragraph (3).
                    ``(E) Projects that would expand access to 
                broadband service to persistent poverty counties or 
                high-poverty areas at subsidized rates.
                    ``(F) Projects that, at least until the date that 
                is 10 years after the date of the enactment of this 
                section, would provide broadband service with 
                comparable speeds to those provided in areas that, on 
                the day before such date of enactment, were not 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service, with minimal future investment.
                    ``(G) Projects with support from the local 
                community, demonstrated by at least one letter of 
                support from local elected officials in the community.
                    ``(H) Projects that would provide for the 
                deployment of open-access broadband service networks.
            ``(6) Unserved areas and areas with low-tier or mid-tier 
        service.--In determining whether an area is an unserved area, 
        an area with low-tier service, or an area with mid-tier service 
        or whether an anchor institution is an unserved anchor 
        institution for any system of competitive bidding authorized 
        under this section, the Commission shall implement the 
        following requirements through the rulemaking described in 
        subsection (e):
                    ``(A) Data for initial determination.--To make an 
                initial determination as to whether an area is an 
                unserved area, an area with low-tier service, or an 
                area with mid-tier service or whether an anchor 
                institution is an unserved anchor institution, the 
                Commission shall--
                            ``(i) use the most accurate and granular 
                        data on the map created by the Commission under 
                        section 802(c)(1)(B);
                            ``(ii) refine the data described in clause 
                        (i) by using--
                                    ``(I) other data on access to 
                                broadband service obtained or purchased 
                                by the Commission;
                                    ``(II) other publicly available 
                                data or information on access to 
                                broadband service; and
                                    ``(III) other publicly available 
                                data or information on State broadband 
                                service deployment programs; and
                            ``(iii) not determine an area is not an 
                        unserved area, an area with low-tier service, 
                        or an area with mid-tier service, on the basis 
                        that one location within such area does not 
                        meet the definition of an unserved area, an 
                        area with low-tier service, or an area with 
                        mid-tier service.
                    ``(B) Initial determination.--The Commission shall 
                make an initial determination of the areas that are 
                unserved areas, areas with low-tier service, and areas 
                with mid-tier service and which anchor institutions are 
                unserved anchor institutions not later than 270 days 
                after the date of the enactment of this section.
                    ``(C) Challenge of determination.--
                            ``(i) In general.--The Commission shall 
                        provide for a process for challenging any 
                        initial determination regarding whether an area 
                        is an unserved area, an area with low-tier 
                        service, or an area with mid-tier service or 
                        whether an anchor institution is an unserved 
                        anchor institution that, at a minimum, provides 
                        not less than 45 days for a person to 
                        voluntarily submit information concerning--
                                    ``(I) the broadband service offered 
                                in the area, or a commitment to offer 
                                broadband service in the area that is 
                                subject to legal sanction if not 
                                performed; or
                                    ``(II) the broadband service 
                                offered to the anchor institution.
                            ``(ii) Streamlined process.--The Commission 
                        shall ensure that such process is sufficiently 
                        streamlined such that a reasonably prudent 
                        person may easily participate to challenge such 
                        initial determination with little burden on 
                        such person.
                    ``(D) Final determination.--The Commission shall 
                make a final determination of the areas that are 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service and which anchor institutions are 
                unserved anchor institutions within 1 year after the 
                date of the enactment of this section.
            ``(7) Notice, transparency, accountability, and oversight 
        required.--The program shall contain sufficient notice, 
        transparency, accountability, and oversight measures to provide 
        the public with notice of the assistance provided under this 
        section, and to deter waste, fraud, and abuse of program funds.
            ``(8) Competence.--
                    ``(A) Standards.--The Commission shall establish, 
                through the rulemaking described in subsection (e), 
                objective standards to determine that each provider of 
                broadband service seeking to participate in a system of 
                competitive bidding--
                            ``(i) is capable of carrying out the 
                        project in a competent manner in compliance 
                        with all applicable Federal, State, and local 
                        laws;
                            ``(ii) has the financial capacity to meet 
                        the buildout obligations of the project and 
                        requirements as set forth under this section 
                        and as may be further prescribed by the 
                        Commission; and
                            ``(iii) has the technical and operational 
                        capability to provide broadband services in the 
                        manner contemplated by the provider's bid in 
                        the system of competitive bidding, including a 
                        detailed consideration of the provider's prior 
                        performance in delivering services as 
                        contemplated in the bid and the capabilities of 
                        the provider's proposed network to deliver the 
                        contemplated services in the area in question.
                    ``(B) Determinations regarding providers.--An 
                entity administering a system of competitive bidding 
                (either a State or the Commission) may not permit a 
                provider of broadband service to participate in the 
                system of competitive bidding unless the entity first 
                determines, after notice and an opportunity for public 
                comment, that the provider meets the standards 
                established under subparagraph (A).
            ``(9) Contracting requirements.--All laborers and mechanics 
        employed by contractors or subcontractors in the performance of 
        construction, alteration, or repair work carried out, in whole 
        or in part, with assistance made available under this section 
        shall be paid wages at rates not less than those prevailing on 
        projects of a similar character in the locality as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code. With respect to the 
        labor standards in this paragraph, the Secretary of Labor shall 
        have the authority and functions set forth in Reorganization 
        Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
        section 3145 of title 40, United States Code.
            ``(10) Rule of construction regarding environmental laws.--
        Nothing in this section shall be construed to affect--
                    ``(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    ``(B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.; commonly referred to as the `Clean 
                Water Act');
                    ``(C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    ``(D) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    ``(E) the Solid Waste Disposal Act (42 U.S.C. 6901 
                et seq.; commonly referred to as the `Resource 
                Conservation and Recovery Act'); or
                    ``(F) any State or local law that is similar to a 
                law listed in subparagraphs (A) through (E).
            ``(11) Referral of alleged violations of applicable federal 
        labor and employment laws.--The Commission shall refer any 
        alleged violation of an applicable labor and employment law to 
        the appropriate Federal agency for investigation and 
        enforcement, and any alleged violation of paragraph (9) or (12) 
        to the National Labor Relations Board for investigation and 
        enforcement, utilizing all appropriate remedies up to and 
        including debarment from the program.
            ``(12) Labor organization.--
                    ``(A) In general.--Notwithstanding the National 
                Labor Relations Act (29 U.S.C. 151 et seq.), 
                subparagraphs (B) through (F) shall apply with respect 
                to any funding recipient who is an employer and any 
                labor organization who represents employees of a 
                funding recipient.
                    ``(B) Neutrality requirement.--An employer shall 
                remain neutral with respect to the exercise of 
                employees and labor organizations of the right to 
                organize and bargain under the National Labor Relations 
                Act (29 U.S.C. 151 et seq.).
                    ``(C) Commencement of collective bargaining.--Not 
                later than 10 days after receiving a written request 
                for collective bargaining from a labor organization 
                that has been newly recognized or certified as a 
                representative under section 9(a) of the National Labor 
                Relations Act (29 U.S.C. 159(a)), or within such 
                further period as the parties agree upon, the parties 
                shall meet and commence to bargain collectively and 
                shall make every reasonable effort to conclude and sign 
                a collective bargaining agreement.
                    ``(D) Mediation and conciliation for failure to 
                reach a collective bargaining agreement.--
                            ``(i) In general.--If the parties have 
                        failed to reach an agreement before the date 
                        that is 90 days after the date on which 
                        bargaining is commenced under subparagraph (C), 
                        or any later date agreed upon by both parties, 
                        either party may notify the Federal Mediation 
                        and Conciliation Service of the existence of a 
                        dispute and request mediation.
                            ``(ii) Federal mediation and conciliation 
                        service.--Whenever a request is received under 
                        clause (i), the Director of the Federal 
                        Mediation and Conciliation Service shall 
                        promptly communicate with the parties and use 
                        best efforts, by mediation and conciliation, to 
                        bring them to agreement.
                    ``(E) Tripartite arbitration panel.--
                            ``(i) In general.--If the Federal Mediation 
                        and Conciliation Service is not able to bring 
                        the parties to agreement by mediation or 
                        conciliation before the date that is 30 days 
                        after the date on which such mediation or 
                        conciliation is commenced, or any later date 
                        agreed upon by both parties, the Service shall 
                        refer the dispute to a tripartite arbitration 
                        panel established in accordance with such 
                        regulations as may be prescribed by the 
                        Service, with one member selected by the labor 
                        organization, one member selected by the 
                        employer, and one neutral member mutually 
                        agreed to by the parties.
                            ``(ii) Dispute settlement.--A majority of 
                        the tripartite arbitration panel shall render a 
                        decision settling the dispute and such decision 
                        shall be binding upon the parties for a period 
                        of two years, unless amended during such period 
                        by written consent of the parties. Such 
                        decision shall be based on--
                                    ``(I) the employer's financial 
                                status and prospects;
                                    ``(II) the size and type of the 
                                employer's operations and business;
                                    ``(III) the employees' cost of 
                                living;
                                    ``(IV) the employees' ability to 
                                sustain themselves, their families, and 
                                their dependents on the wages and 
                                benefits they earn from the employer; 
                                and
                                    ``(V) the wages and benefits that 
                                other employers in the same business 
                                provide their employees.
                    ``(F) Prohibition on subcontracting for certain 
                purposes.--A funding recipient may not engage in 
                subcontracting for the purpose of circumventing the 
                terms of a collective bargaining agreement with respect 
                to wages, benefits, or working conditions.
                    ``(G) Parties defined.--In this paragraph, the term 
                `parties' means a labor organization that is newly 
                recognized or certified as a representative under 
                section 9(a) of the National Labor Relations Act (29 
                U.S.C. 159(a)) and the employer of the employees 
                represented by such organization.
    ``(d) Project Requirements.--Any project funded through the program 
shall meet the following requirements:
            ``(1) The project shall adhere to quality-of-service 
        standards as established by the Commission.
            ``(2) Except as provided in paragraphs (2) and (3) of 
        subsection (c), the project shall offer broadband service with 
        a download speed of at least 100 megabits per second, an upload 
        speed of at least 100 megabits per second, and latency that is 
        sufficiently low to allow multiple, simultaneous, real-time, 
        interactive applications.
            ``(3) The project shall offer broadband service at prices 
        that are comparable to, or lower than, the prices charged for 
        comparable levels of service in areas that were not unserved 
        areas, areas with low-tier service, or areas with mid-tier 
        service on the day before the date of the enactment of this 
        section.
            ``(4) For any project that involves laying fiber-optic 
        cables along a roadway, the project shall include interspersed 
        conduit access points at regular and short intervals.
            ``(5) The project shall incorporate prudent cybersecurity 
        and supply chain risk management practices, as specified by the 
        Commission through the rulemaking described in subsection (e), 
        in consultation with the Director of the National Institute of 
        Standards and Technology and the Assistant Secretary.
            ``(6) The project shall incorporate best practices, as 
        defined by the Commission, for ensuring reliability and 
        resiliency of the network during disasters.
            ``(7) Any funding recipient must agree to have the project 
        meet the requirements established under section 224, as if the 
        project were classified as a `utility' under such section. The 
        preceding sentence shall not apply to those entities or persons 
        excluded from the definition of the term `utility' by the 
        second sentence of subsection (a)(1) of such section.
            ``(8) The project shall offer an affordable option for a 
        broadband service plan under which broadband service is 
        provided--
                    ``(A) with a download speed of at least 50 megabits 
                per second;
                    ``(B) with an upload speed of at least 50 megabits 
                per second; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
    ``(e) Rulemaking and Distribution and Award of Funds.--Not later 
than 180 days after the date of the enactment of this section, the 
Commission, in consultation with the Assistant Secretary, shall 
promulgate rules--
            ``(1) that implement the requirements of this section, as 
        appropriate;
            ``(2) that establish the design of and rules for the 
        national systems of competitive bidding;
            ``(3) that establish notice requirements for all systems of 
        competitive bidding authorized under this section that, at a 
        minimum, provide the public with notice of--
                    ``(A) the initial determination of which areas are 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service;
                    ``(B) the final determination of which areas are 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service after the process for challenging 
                the initial determination has concluded;
                    ``(C) which entities have applied to bid for 
                funding; and
                    ``(D) the results of any system of competitive 
                bidding, including identifying the funding recipients, 
                which areas each project will serve, the nature of the 
                service that will be provided by the project in each of 
                those areas, and how much funding the funding 
                recipients will receive in each of those areas;
            ``(4) that establish broadband service buildout milestones 
        and periodic certification by funding recipients to ensure that 
        the broadband service buildout milestones for all systems of 
        competitive bidding authorized under this section will be met;
            ``(5) that, except as provided in paragraphs (2) and (3) of 
        subsection (c), establish a maximum buildout timeframe of three 
        years beginning on the date on which funding is provided under 
        this section for a project;
            ``(6) that establish periodic reporting requirements for 
        funding recipients and that identify, at a minimum, the nature 
        of the service provided in each area for any system of 
        competitive bidding authorized under this section;
            ``(7) that establish standard penalties for the 
        noncompliance of funding recipients or projects with the 
        requirements as set forth under this section and as may be 
        further prescribed by the Commission for any system of 
        competitive bidding authorized under this section;
            ``(8) that establish procedures for recovery of funds, in 
        whole or in part, from funding recipients in the event of the 
        default or noncompliance of the funding recipient or project 
        with the requirements established under this section for any 
        system of competitive bidding authorized under this section; 
        and
            ``(9) that establish mechanisms to reduce waste, fraud, and 
        abuse within the program for any system of competitive bidding 
        authorized under this section.
    ``(f) Reports Required.--
            ``(1) Inspector general and comptroller general report.--
        Not later than June 30 and December 31 of each year following 
        the awarding of the first funds under the program, the 
        Inspector General of the Commission and the Comptroller General 
        of the United States shall submit to the Committees on Energy 
        and Commerce of the House of Representatives and Commerce, 
        Science, and Transportation of the Senate a report for the 
        previous 6 months that reviews the program. Such report shall 
        include any recommendations to address waste, fraud, and abuse.
            ``(2) State reports.--Any State that receives funds under 
        the program shall submit an annual report to the Commission on 
        how such funds were spent, along with a certification of 
        compliance with the requirements as set forth under this 
        section and as may be further prescribed by the Commission, 
        including a description of each service provided and the number 
        of individuals to whom the service was provided.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commission $79,500,000,000 for fiscal year 2022 to 
carry out the program, and such amount is authorized to remain 
available through fiscal year 2026.
    ``(h) Definitions.--In this section:
            ``(1) Affordable option.--The term `affordable option' 
        means, with respect to a broadband service plan, that broadband 
        service is provided under such plan at a rate that is 
        determined by the Commission, in coordination with the Office 
        of Internet Connectivity and Growth, to be affordable for a 
        household with an income of 136 percent of the poverty 
        threshold, as determined by using criteria of poverty 
        established by the Bureau of the Census, for a four-person 
        household that includes two dependents under the age of 18.
            ``(2) Anchor institution.--The term `anchor institution'--
                    ``(A) means a public or private school, a library, 
                a medical or healthcare provider, a museum, a public 
                safety entity, a public housing agency (as defined in 
                section 3(b) of the United States Housing Act of 1937 
                (42 U.S.C. 1437a(b))), a community college, an 
                institution of higher education, a religious 
                organization, or any other community support 
                organization or agency; and
                    ``(B) includes any entity described in subparagraph 
                (A) that serves an Indian Tribe, tribally designated 
                entity, or Native Hawaiian organization.
            ``(3) Area.--The term `area' means the geographic unit of 
        measurement with the greatest level of granularity reasonably 
        feasible for the Commission to use in making eligibility 
        determinations under this section and in meeting the 
        requirements and deadlines of this section.
            ``(4) Area with low-tier service.--The term `area with low-
        tier service' means an area where at least 90 percent of the 
        population has access to broadband service offered--
                    ``(A) with a download speed of at least 25 megabits 
                per second but less than 100 megabits per second;
                    ``(B) with an upload speed of at least 25 megabits 
                per second but less than 100 megabits per second; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
            ``(5) Area with mid-tier service.--The term `area with mid-
        tier service' means an area where at least 90 percent of the 
        population has access to broadband service offered--
                    ``(A) with a download speed of at least 100 
                megabits per second but less than 1 gigabit per second;
                    ``(B) with an upload speed of at least 100 megabits 
                per second but less than 1 gigabit per second; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
            ``(6) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            ``(7) Broadband service.--The term `broadband service'--
                    ``(A) means broadband internet access service that 
                is a mass-market retail service, or a service provided 
                to an anchor institution, by wire or radio that 
                provides the capability to transmit data to and receive 
                data from all or substantially all internet endpoints, 
                including any capabilities that are incidental to and 
                enable the operation of the communications service;
                    ``(B) includes any service that is a functional 
                equivalent of the service described in subparagraph 
                (A); and
                    ``(C) does not include dial-up internet access 
                service.
            ``(8) Collective bargaining.--The term `collective 
        bargaining' means performance of the mutual obligation 
        described in section 8(d) of the National Labor Relations Act 
        (29 U.S.C. 158(d)).
            ``(9) Collective bargaining agreement.--The term 
        `collective bargaining agreement' means an agreement reached 
        through collective bargaining.
            ``(10) Funding recipient.--The term `funding recipient' 
        means an entity that receives funding for a project under this 
        section, which may include--
                    ``(A) a private entity, a public-private 
                partnership, a cooperative, and a Tribal or municipal 
                broadband service provider; and
                    ``(B) a consortium between any of the entities 
                described in subparagraph (A), including a consortium 
                that includes an investor-owned utility.
            ``(11) High-poverty area.--The term `high-poverty area' 
        means a census tract with a poverty rate of at least 20 
        percent, as measured by the most recent 5-year data series 
        available from the American Community Survey of the Bureau of 
        the Census as of the year before the date of the enactment of 
        this section. In the case of a territory or possession of the 
        United States in which no such data is collected from the 
        American Community Survey of the Bureau of the Census as of the 
        year before the date of the enactment of this section, such 
        term includes a census tract with a poverty rate of at least 20 
        percent, as measured by the most recent Island Areas decennial 
        census of the Bureau of the Census for which data is available 
        as of the year before the date of the enactment of this 
        section.
            ``(12) Indian tribe.--The term `Indian Tribe' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            ``(13) Institution of higher education.--The term 
        `institution of higher education'--
                    ``(A) has the meaning given the term in section 101 
                of the Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    ``(B) includes a postsecondary vocational 
                institution.
            ``(14) Labor organization.--The term `labor organization' 
        has the meaning given the term in section 2 of the National 
        Labor Relations Act (29 U.S.C. 152).
            ``(15) Native hawaiian organization.--The term `Native 
        Hawaiian organization' means any organization--
                    ``(A) that serves the interests of Native 
                Hawaiians;
                    ``(B) in which Native Hawaiians serve in 
                substantive and policymaking positions;
                    ``(C) that has as a primary and stated purpose the 
                provision of services to Native Hawaiians; and
                    ``(D) that is recognized for having expertise in 
                Native Hawaiian affairs, digital connectivity, or 
                access to broadband service.
            ``(16) Persistent poverty county.--The term `persistent 
        poverty county' means any county with a poverty rate of at 
        least 20 percent, as determined in each of the 1990 and 2000 
        decennial censuses and in the Small Area Income and Poverty 
        Estimates of the Bureau of the Census for the most recent year 
        for which the Estimates are available. In the case of a 
        territory or possession of the United States, such term 
        includes any county equivalent area in Puerto Rico with a 
        poverty rate of at least 20 percent, as determined in each of 
        the 1990 and 2000 decennial censuses and in the most recent 5-
        year data series available from the American Community Survey 
        of the Bureau of the Census as of the year before the date of 
        the enactment of this section, or any other territory or 
        possession of the United States with a poverty rate of at least 
        20 percent, as determined in each of the 1990 and 2000 Island 
        Areas decennial censuses of the Bureau of the Census and in the 
        most recent Island Areas decennial census of the Bureau of the 
        Census for which data is available as of the year before the 
        date of the enactment of this section.
            ``(17) Postsecondary vocational institution.--The term 
        `postsecondary vocational institution' has the meaning given 
        the term in section 102(c) of the Higher Education Act of 1965 
        (20 U.S.C. 1002(c)).
            ``(18) Program.--Unless otherwise indicated, the term 
        `program' means the program established under subsection (a).
            ``(19) Project.--The term `project' means an undertaking by 
        a funding recipient under this section to construct and deploy 
        infrastructure for the provision of broadband service.
            ``(20) State.--The term `State' has the meaning given such 
        term in section 3, except that such term also includes the 
        Republic of the Marshall Islands, the Federated States of 
        Micronesia, and the Republic of Palau.
            ``(21) Tribally designated entity.--The term `tribally 
        designated entity' means an entity designated by an Indian 
        Tribe for purposes of paragraph (2)(B).
            ``(22) Unserved anchor institution.--The term `unserved 
        anchor institution' means an anchor institution that has no 
        access to broadband service or does not have access to 
        broadband service offered--
                    ``(A) with a download speed of at least 1 gigabit 
                per second per 1,000 users;
                    ``(B) with an upload speed of at least 1 gigabit 
                per second per 1,000 users; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
            ``(23) Unserved area.--The term `unserved area' means an 
        area where--
                    ``(A) the Commission reasonably believes there are 
                potential subscribers of broadband service; and
                    ``(B) at least 90 percent of the population has no 
                access to broadband service or does not have access to 
                broadband service offered--
                            ``(i) with a download speed of at least 25 
                        megabits per second;
                            ``(ii) with an upload speed of at least 25 
                        megabits per second; and
                            ``(iii) with latency that is sufficiently 
                        low to allow multiple, simultaneous, real-time, 
                        interactive applications.''.
    (b) Authorization of Appropriations for Tribal Broadband 
Connectivity Program.--
            (1) In general.--Section 905(c) of division N of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260) is 
        amended by adding at the end the following:
            ``(9) Authorization of appropriations.--There is authorized 
        to be appropriated to the Assistant Secretary $500,000,000 for 
        fiscal year 2022 to carry out the grant program under this 
        subsection, and such amount is authorized to remain available 
        through fiscal year 2026.''.
            (2) Conforming amendments.--Section 905 of division N of 
        the Consolidated Appropriations Act, 2021 (Public Law 116-260) 
        is amended--
                    (A) in subsection (c), by inserting ``or paragraph 
                (9) of this subsection'' after ``subsection (b)(1)'' 
                each place it appears; and
                    (B) in subsection (e)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by inserting after 
                                ``this Act'' the following: ``(and, in 
                                the case of the grant program under 
                                subsection (c), not earlier than 30 
                                days, and not later than 60 days, after 
                                the date of enactment of any other law 
                                making available amounts to carry out 
                                such program)''; and
                                    (II) in subparagraph (A), by 
                                inserting after ``eligible entities and 
                                covered partnerships'' the following: 
                                ``(or, in the case of a notice issued 
                                by reason of the enactment of a law, 
                                other than this Act, making available 
                                amounts to carry out the grant program 
                                under subsection (c), eligible 
                                entities)''; and
                            (ii) in paragraph (2)(A), by inserting 
                        after ``an eligible entity or covered 
                        partnership'' the following: ``(or, in the case 
                        of a notice issued by reason of the enactment 
                        of a law, other than this Act, making available 
                        amounts to carry out the grant program under 
                        subsection (c), an eligible entity)''.

SEC. 3102. TRIBAL INTERNET EXPANSION.

    Section 254(b)(3) of the Communications Act of 1934 (47 U.S.C. 
254(b)(3)) is amended by inserting ``and in Indian country (as defined 
in section 1151 of title 18, United States Code) and areas with high 
populations of Indian (as defined in section 19 of the Act of June 18, 
1934 (Chapter 576; 48 Stat. 988; 25 U.S.C. 5129)) people'' after ``high 
cost areas''.

      Subtitle B--Broadband Infrastructure Finance and Innovation

SEC. 3201. SHORT TITLE.

    This subtitle may be cited as the ``Broadband Infrastructure 
Finance and Innovation Act of 2021''.

SEC. 3202. DEFINITIONS.

    In this subtitle:
            (1) BIFIA program.--The term ``BIFIA program'' means the 
        broadband infrastructure finance and innovation program 
        established under this subtitle.
            (2) Broadband service.--The term ``broadband service''--
                    (A) means broadband internet access service that is 
                a mass-market retail service, or a service provided to 
                an entity described in paragraph (11)(B)(ii), by wire 
                or radio that provides the capability to transmit data 
                to and receive data from all or substantially all 
                internet endpoints, including any capabilities that are 
                incidental to and enable the operation of the 
                communications service;
                    (B) includes any service that is a functional 
                equivalent of the service described in subparagraph 
                (A); and
                    (C) does not include dial-up internet access 
                service.
            (3) Eligible project costs.--The term ``eligible project 
        costs'' means amounts substantially all of which are paid by, 
        or for the account of, an obligor in connection with a project, 
        including the cost of--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, historic preservation review, 
                permitting, preliminary engineering and design work, 
                and other preconstruction activities;
                    (B) construction and deployment phase activities, 
                including--
                            (i) construction, reconstruction, 
                        rehabilitation, replacement, and acquisition of 
                        real property (including land relating to the 
                        project and improvements to land), equipment, 
                        instrumentation, networking capability, 
                        hardware and software, and digital network 
                        technology;
                            (ii) environmental mitigation; and
                            (iii) construction contingencies; and
                    (C) capitalized interest necessary to meet market 
                requirements, reasonably required reserve funds, 
                capital issuance expenses, and other carrying costs 
                during construction and deployment.
            (4) Federal credit instrument.--The term ``Federal credit 
        instrument'' means a secured loan, loan guarantee, or line of 
        credit authorized to be made available under the BIFIA program 
        with respect to a project.
            (5) Investment-grade rating.--The term ``investment-grade 
        rating'' means a rating of BBB minus, Baa3, bbb minus, BBB 
        (low), or higher assigned by a rating agency to project 
        obligations.
            (6) Lender.--The term ``lender'' means any non-Federal 
        qualified institutional buyer (as defined in section 
        230.144A(a) of title 17, Code of Federal Regulations (or any 
        successor regulation), known as Rule 144A(a) of the Securities 
        and Exchange Commission and issued under the Securities Act of 
        1933 (15 U.S.C. 77a et seq.)), including--
                    (A) a qualified retirement plan (as defined in 
                section 4974(c) of the Internal Revenue Code of 1986) 
                that is a qualified institutional buyer; and
                    (B) a governmental plan (as defined in section 
                414(d) of the Internal Revenue Code of 1986) that is a 
                qualified institutional buyer.
            (7) Letter of interest.--The term ``letter of interest'' 
        means a letter submitted by a potential applicant prior to an 
        application for credit assistance in a format prescribed by the 
        Assistant Secretary on the website of the BIFIA program that--
                    (A) describes the project and the location, 
                purpose, and cost of the project;
                    (B) outlines the proposed financial plan, including 
                the requested credit assistance and the proposed 
                obligor;
                    (C) provides a status of environmental review; and
                    (D) provides information regarding satisfaction of 
                other eligibility requirements of the BIFIA program.
            (8) Line of credit.--The term ``line of credit'' means an 
        agreement entered into by the Assistant Secretary with an 
        obligor under section 3205 to provide a direct loan at a future 
        date upon the occurrence of certain events.
            (9) Loan guarantee.--The term ``loan guarantee'' means any 
        guarantee or other pledge by the Assistant Secretary to pay all 
        or part of the principal of and interest on a loan or other 
        debt obligation issued by an obligor and funded by a lender.
            (10) Obligor.--The term ``obligor'' means a party that--
                    (A) is primarily liable for payment of the 
                principal of or interest on a Federal credit 
                instrument; and
                    (B) may be a corporation, company, partnership, 
                joint venture, trust, or governmental entity, agency, 
                or instrumentality.
            (11) Project.--The term ``project'' means a project--
                    (A) to construct and deploy infrastructure for the 
                provision of broadband service; and
                    (B) that the Assistant Secretary determines will--
                            (i) provide access or improved access to 
                        broadband service to consumers residing in 
                        areas of the United States that have no access 
                        to broadband service or do not have access to 
                        broadband service offered--
                                    (I) with a download speed of at 
                                least 100 megabits per second;
                                    (II) with an upload speed of at 
                                least 100 megabits per second; and
                                    (III) with latency that is 
                                sufficiently low to allow multiple, 
                                simultaneous, real-time, interactive 
                                applications; or
                            (ii) provide access or improved access to 
                        broadband service to--
                                    (I) schools, libraries, medical and 
                                healthcare providers, community 
                                colleges and other institutions of 
                                higher education, museums, religious 
                                organizations, and other community 
                                support organizations and entities to 
                                facilitate greater use of broadband 
                                service by or through such 
                                organizations;
                                    (II) organizations and agencies 
                                that provide outreach, access, 
                                equipment, and support services to 
                                facilitate greater use of broadband 
                                service by low-income, unemployed, 
                                aged, and otherwise vulnerable 
                                populations;
                                    (III) job-creating strategic 
                                facilities located within a State-
                                designated economic zone, Economic 
                                Development District designated by the 
                                Department of Commerce, Empowerment 
                                Zone designated by the Department of 
                                Housing and Urban Development, or 
                                Enterprise Community designated by the 
                                Department of Agriculture; or
                                    (IV) public safety agencies.
            (12) Project obligation.--The term ``project obligation'' 
        means any note, bond, debenture, or other debt obligation 
        issued by an obligor in connection with the financing of a 
        project, other than a Federal credit instrument.
            (13) Public authority.--The term ``public authority'' means 
        a Federal, State, county, town or township, Indian Tribe, 
        municipal, or other local government or instrumentality with 
        authority to finance, build, operate, or maintain 
        infrastructure for the provision of broadband service.
            (14) Rating agency.--The term ``rating agency'' means a 
        credit rating agency registered with the Securities and 
        Exchange Commission as a nationally recognized statistical 
        rating organization (as defined in section 3(a) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
            (15) Secured loan.--The term ``secured loan'' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Assistant Secretary in connection with the 
        financing of a project under section 3204.
            (16) Small project.--The term ``small project'' means a 
        project having eligible project costs that are reasonably 
        anticipated not to equal or exceed $20,000,000.
            (17) Subsidy amount.--The term ``subsidy amount'' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument--
                    (A) calculated on a net present value basis; and
                    (B) excluding administrative costs and any 
                incidental effects on governmental receipts or outlays 
                in accordance with the Federal Credit Reform Act of 
                1990 (2 U.S.C. 661 et seq.).
            (18) Substantial completion.--The term ``substantial 
        completion'' means, with respect to a project receiving credit 
        assistance under the BIFIA program--
                    (A) the commencement of the provision of broadband 
                service using the infrastructure being financed; or
                    (B) a comparable event, as determined by the 
                Assistant Secretary and specified in the credit 
                agreement.

SEC. 3203. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.

    (a) Eligibility.--
            (1) In general.--A project shall be eligible to receive 
        credit assistance under the BIFIA program if--
                    (A) the entity proposing to carry out the project 
                submits a letter of interest prior to submission of a 
                formal application for the project; and
                    (B) the project meets the criteria described in 
                this subsection.
            (2) Creditworthiness.--
                    (A) In general.--Except as provided in subparagraph 
                (B), to be eligible for assistance under the BIFIA 
                program, a project shall satisfy applicable 
                creditworthiness standards, which, at a minimum, shall 
                include--
                            (i) adequate coverage requirements to 
                        ensure repayment;
                            (ii) an investment-grade rating from at 
                        least two rating agencies on debt senior to the 
                        Federal credit instrument; and
                            (iii) a rating from at least two rating 
                        agencies on the Federal credit instrument.
                    (B) Small projects.--In order for a small project 
                to be eligible for assistance under the BIFIA program, 
                such project shall satisfy alternative creditworthiness 
                standards that shall be established by the Assistant 
                Secretary under section 3206 for purposes of this 
                paragraph.
            (3) Application.--A State, local government, agency or 
        instrumentality of a State or local government, public 
        authority, public-private partnership, or any other legal 
        entity undertaking the project and authorized by the Assistant 
        Secretary shall submit a project application that is acceptable 
        to the Assistant Secretary.
            (4) Eligible project cost parameters for infrastructure 
        projects.--Eligible project costs shall be reasonably 
        anticipated to equal or exceed $2,000,000 in the case of a 
        project or program of projects--
                    (A) in which the applicant is a local government, 
                instrumentality of local government, or public 
                authority (other than a public authority that is a 
                Federal or State government or instrumentality);
                    (B) located on a facility owned by a local 
                government; or
                    (C) for which the Assistant Secretary determines 
                that a local government is substantially involved in 
                the development of the project.
            (5) Dedicated revenue sources.--The applicable Federal 
        credit instrument shall be repayable, in whole or in part, 
        from--
                    (A) amounts charged to--
                            (i) subscribers of broadband service for 
                        such service; or
                            (ii) subscribers of any related service 
                        provided over the same infrastructure for such 
                        related service;
                    (B) user fees;
                    (C) payments owing to the obligor under a public-
                private partnership; or
                    (D) other dedicated revenue sources that also 
                secure or fund the project obligations.
            (6) Applications where obligor will be identified later.--A 
        State, local government, agency or instrumentality of a State 
        or local government, or public authority may submit to the 
        Assistant Secretary an application under paragraph (3), under 
        which a private party to a public-private partnership will be--
                    (A) the obligor; and
                    (B) identified later through completion of a 
                procurement and selection of the private party.
            (7) Beneficial effects.--The Assistant Secretary shall 
        determine that financial assistance for the project under the 
        BIFIA program will--
                    (A) foster, if appropriate, partnerships that 
                attract public and private investment for the project;
                    (B) enable the project to proceed at an earlier 
                date than the project would otherwise be able to 
                proceed or reduce the lifecycle costs (including debt 
                service costs) of the project; and
                    (C) reduce the contribution of Federal grant 
                assistance for the project.
            (8) Project readiness.--To be eligible for assistance under 
        the BIFIA program, the applicant shall demonstrate a reasonable 
        expectation that the contracting process for the construction 
        and deployment of infrastructure for the provision of broadband 
        service through the project can commence by no later than 90 
        days after the date on which a Federal credit instrument is 
        obligated for the project under the BIFIA program.
            (9) Public sponsorship of private entities.--
                    (A) In general.--If an eligible project is carried 
                out by an entity that is not a State or local 
                government or an agency or instrumentality of a State 
                or local government or a Tribal Government or 
                consortium of Tribal Governments, the project shall be 
                publicly sponsored.
                    (B) Public sponsorship.--For purposes of this 
                subtitle, a project shall be considered to be publicly 
                sponsored if the obligor can demonstrate, to the 
                satisfaction of the Assistant Secretary, that the 
                project applicant has consulted with the State, local, 
                or Tribal government in the area in which the project 
                is located, or that is otherwise affected by the 
                project, and that such government supports the 
                proposal.
    (b) Selection Among Eligible Projects.--
            (1) Establishment of application process.--The Assistant 
        Secretary shall establish a rolling application process under 
        which projects that are eligible to receive credit assistance 
        under subsection (a) shall receive credit assistance on terms 
        acceptable to the Assistant Secretary, if adequate funds are 
        available to cover the subsidy costs associated with the 
        Federal credit instrument.
            (2) Preliminary rating opinion letter.--The Assistant 
        Secretary shall require each project applicant to provide--
                    (A) a preliminary rating opinion letter from at 
                least one rating agency--
                            (i) indicating that the senior obligations 
                        of the project, which may be the Federal credit 
                        instrument, have the potential to achieve an 
                        investment-grade rating; and
                            (ii) including a preliminary rating opinion 
                        on the Federal credit instrument; or
                    (B) in the case of a small project, alternative 
                documentation that the Assistant Secretary shall 
                require in the standards established under section 3206 
                for purposes of this paragraph.
            (3) Technology neutrality required.--In selecting projects 
        to receive credit assistance under the BIFIA program, the 
        Assistant Secretary may not favor a project using any 
        particular technology.
            (4) Preference for open-access networks.--In selecting 
        projects to receive credit assistance under the BIFIA program, 
        the Assistant Secretary shall give preference to projects 
        providing for the deployment of open-access broadband service 
        networks.
    (c) Federal Requirements.--
            (1) In general.--The following provisions of law shall 
        apply to funds made available under the BIFIA program and 
        projects assisted with those funds:
                    (A) Title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.).
                    (B) The National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
                    (C) 54 U.S.C. 300101 et seq. (commonly referred to 
                as the ``National Historic Preservation Act'').
                    (D) The Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.).
            (2) NEPA.--No funding shall be obligated for a project that 
        has not received an environmental categorical exclusion, a 
        finding of no significant impact, or a record of decision under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
            (3) Title vi of the civil rights act of 1964.--For purposes 
        of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.), any project that receives credit assistance under the 
        BIFIA program shall be considered a program or activity within 
        the meaning of section 606 of such title (42 U.S.C. 2000d-4a).
            (4) Contracting requirements.--All laborers and mechanics 
        employed by contractors or subcontractors in the performance of 
        construction, alteration, or repair work carried out, in whole 
        or in part, with assistance made available through a Federal 
        credit instrument shall be paid wages at rates not less than 
        those prevailing on projects of a similar character in the 
        locality as determined by the Secretary of Labor in accordance 
        with subchapter IV of chapter 31 of title 40, United States 
        Code. With respect to the labor standards in this paragraph, 
        the Secretary of Labor shall have the authority and functions 
        set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
        1267; 5 U.S.C. App.) and section 3145 of title 40, United 
        States Code.
            (5) Neutrality requirement.--An employer receiving 
        assistance made available through a Federal credit instrument 
        under this subtitle shall remain neutral with respect to the 
        exercise of employees and labor organizations of the right to 
        organize and bargain under the National Labor Relations Act (29 
        U.S.C. 151 et seq.).
            (6) Referral of alleged violations of applicable federal 
        labor and employment laws.--The Assistant Secretary shall refer 
        any alleged violation of an applicable labor and employment law 
        to the appropriate Federal agency for investigation and 
        enforcement, and any alleged violation of paragraph (4) or (5) 
        to the National Labor Relations Board for investigation and 
        enforcement, utilizing all appropriate remedies up to and 
        including debarment from the BIFIA program.
    (d) Application Processing Procedures.--
            (1) Notice of complete application.--Not later than 30 days 
        after the date of receipt of an application under this section, 
        the Assistant Secretary shall provide to the applicant a 
        written notice to inform the applicant whether--
                    (A) the application is complete; or
                    (B) additional information or materials are needed 
                to complete the application.
            (2) Approval or denial of application.--Not later than 60 
        days after the date of issuance of the written notice under 
        paragraph (1), the Assistant Secretary shall provide to the 
        applicant a written notice informing the applicant whether the 
        Assistant Secretary has approved or disapproved the 
        application.
            (3) Approval before nepa review.--Subject to subsection 
        (c)(2), an application for a project may be approved before the 
        project receives an environmental categorical exclusion, a 
        finding of no significant impact, or a record of decision under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
    (e) Development Phase Activities.--Any credit instrument secured 
under the BIFIA program may be used to finance up to 100 percent of the 
cost of development phase activities as described in section 
3202(3)(A).

SEC. 3204. SECURED LOANS.

    (a) In General.--
            (1) Agreements.--Subject to paragraphs (2) and (3), the 
        Assistant Secretary may enter into agreements with one or more 
        obligors to make secured loans, the proceeds of which shall be 
        used--
                    (A) to finance eligible project costs of any 
                project selected under section 3203;
                    (B) to refinance interim construction financing of 
                eligible project costs of any project selected under 
                section 3203; or
                    (C) to refinance long-term project obligations or 
                Federal credit instruments, if the refinancing provides 
                additional funding capacity for the completion, 
                enhancement, or expansion of any project that--
                            (i) is selected under section 3203; or
                            (ii) otherwise meets the requirements of 
                        section 3203.
            (2) Limitation on refinancing of interim construction 
        financing.--A loan under paragraph (1) shall not refinance 
        interim construction financing under paragraph (1)(B)--
                    (A) if the maturity of such interim construction 
                financing is later than 1 year after the substantial 
                completion of the project; and
                    (B) later than 1 year after the date of substantial 
                completion of the project.
            (3) Risk assessment.--Before entering into an agreement 
        under this subsection, the Assistant Secretary, in consultation 
        with the Director of the Office of Management and Budget, shall 
        determine an appropriate capital reserve subsidy amount for 
        each secured loan, taking into account each rating letter 
        provided by a rating agency under section 3203(b)(2)(A)(ii) or, 
        in the case of a small project, the alternative documentation 
        provided under section 3203(b)(2)(B).
    (b) Terms and Limitations.--
            (1) In general.--A secured loan under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Assistant Secretary determines to be appropriate.
            (2) Maximum amount.--The amount of a secured loan under 
        this section shall not exceed the lesser of 49 percent of the 
        reasonably anticipated eligible project costs or, if the 
        secured loan is not for a small project and does not receive an 
        investment-grade rating, the amount of the senior project 
        obligations.
            (3) Payment.--A secured loan under this section--
                    (A) shall--
                            (i) be payable, in whole or in part, from--
                                    (I) amounts charged to--
                                            (aa) subscribers of 
                                        broadband service for such 
                                        service; or
                                            (bb) subscribers of any 
                                        related service provided over 
                                        the same infrastructure for 
                                        such related service;
                                    (II) user fees;
                                    (III) payments owing to the obligor 
                                under a public-private partnership; or
                                    (IV) other dedicated revenue 
                                sources that also secure the senior 
                                project obligations; and
                            (ii) include a coverage requirement or 
                        similar security feature supporting the project 
                        obligations; and
                    (B) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (4) Interest rate.--The interest rate on a secured loan 
        under this section shall be not less than the yield on United 
        States Treasury securities of a similar maturity to the 
        maturity of the secured loan on the date of execution of the 
        loan agreement.
            (5) Maturity date.--The final maturity date of the secured 
        loan shall be the lesser of--
                    (A) 35 years after the date of substantial 
                completion of the project; and
                    (B) if the useful life of the infrastructure for 
                the provision of broadband service being financed is of 
                a lesser period, the useful life of the infrastructure.
            (6) Nonsubordination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the secured loan shall not be subordinated to the 
                claims of any holder of project obligations in the 
                event of bankruptcy, insolvency, or liquidation of the 
                obligor.
                    (B) Preexisting indenture.--
                            (i) In general.--The Assistant Secretary 
                        shall waive the requirement under subparagraph 
                        (A) for a public agency borrower that is 
                        financing ongoing capital programs and has 
                        outstanding senior bonds under a preexisting 
                        indenture, if--
                                    (I) the secured loan--
                                            (aa) is rated in the A 
                                        category or higher; or
                                            (bb) in the case of a small 
                                        project, meets an alternative 
                                        standard that the Assistant 
                                        Secretary shall establish under 
                                        section 3206 for purposes of 
                                        this subclause;
                                    (II) the secured loan is secured 
                                and payable from pledged revenues not 
                                affected by project performance, such 
                                as a tax-backed revenue pledge or a 
                                system-backed pledge of project 
                                revenues; and
                                    (III) the BIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            (ii) Limitation.--If the Assistant 
                        Secretary waives the nonsubordination 
                        requirement under this subparagraph--
                                    (I) the maximum credit subsidy to 
                                be paid by the Federal Government shall 
                                be not more than 10 percent of the 
                                principal amount of the secured loan; 
                                and
                                    (II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost, if any.
            (7) Fees.--The Assistant Secretary may establish fees at a 
        level sufficient to cover all or a portion of the costs to the 
        Federal Government of making a secured loan under this section.
            (8) Non-federal share.--The proceeds of a secured loan 
        under the BIFIA program, if the loan is repayable from non-
        Federal funds--
                    (A) may be used for any non-Federal share of 
                project costs required under this subtitle; and
                    (B) shall not count toward the total Federal 
                assistance provided for a project for purposes of 
                paragraph (9).
            (9) Maximum federal involvement.--The total Federal 
        assistance provided for a project receiving a loan under the 
        BIFIA program shall not exceed 80 percent of the total project 
        cost.
    (c) Repayment.--
            (1) Schedule.--The Assistant Secretary shall establish a 
        repayment schedule for each secured loan under this section 
        based on--
                    (A) the projected cash flow from project revenues 
                and other repayment sources; and
                    (B) the useful life of the infrastructure for the 
                provision of broadband service being financed.
            (2) Commencement.--Scheduled loan repayments of principal 
        or interest on a secured loan under this section shall commence 
        not later than 5 years after the date of substantial completion 
        of the project.
            (3) Deferred payments.--
                    (A) In general.--If, at any time after the date of 
                substantial completion of the project, the project is 
                unable to generate sufficient revenues to pay the 
                scheduled loan repayments of principal and interest on 
                the secured loan, the Assistant Secretary may, subject 
                to subparagraph (C), allow the obligor to add unpaid 
                principal and interest to the outstanding balance of 
                the secured loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            (i) continue to accrue interest in 
                        accordance with subsection (b)(4) until fully 
                        repaid; and
                            (ii) be scheduled to be amortized over the 
                        remaining term of the loan.
                    (C) Criteria.--
                            (i) In general.--Any payment deferral under 
                        subparagraph (A) shall be contingent on the 
                        project meeting criteria established by the 
                        Assistant Secretary.
                            (ii) Repayment standards.--The criteria 
                        established pursuant to clause (i) shall 
                        include standards for reasonable assurance of 
                        repayment.
            (4) Prepayment.--
                    (A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay the secured loan without penalty.
                    (B) Use of proceeds of refinancing.--The secured 
                loan may be prepaid at any time without penalty from 
                the proceeds of refinancing from non-Federal funding 
                sources.
    (d) Sale of Secured Loans.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after substantial completion of a project and after 
        notifying the obligor, the Assistant Secretary may sell to 
        another entity or reoffer into the capital markets a secured 
        loan for the project if the Assistant Secretary determines that 
        the sale or reoffering can be made on favorable terms.
            (2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Assistant Secretary may not change the 
        original terms and conditions of the secured loan without the 
        written consent of the obligor.
    (e) Loan Guarantees.--
            (1) In general.--The Assistant Secretary may provide a loan 
        guarantee to a lender in lieu of making a secured loan under 
        this section if the Assistant Secretary determines that the 
        budgetary cost of the loan guarantee is substantially the same 
        as that of a secured loan.
            (2) Terms.--The terms of a loan guarantee under paragraph 
        (1) shall be consistent with the terms required under this 
        section for a secured loan, except that the rate on the 
        guaranteed loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of the 
        Assistant Secretary.
    (f) Streamlined Application Process.--
            (1) In general.--The Assistant Secretary shall develop one 
        or more expedited application processes, available at the 
        request of entities seeking secured loans under the BIFIA 
        program, that use a set or sets of conventional terms 
        established pursuant to this section.
            (2) Terms.--In establishing the streamlined application 
        process required by this subsection, the Assistant Secretary 
        may allow for an expedited application period and include terms 
        such as those that require--
                    (A) that the project be a small project;
                    (B) the secured loan to be secured and payable from 
                pledged revenues not affected by project performance, 
                such as a tax-backed revenue pledge, tax increment 
                financing, or a system-backed pledge of project 
                revenues; and
                    (C) repayment of the loan to commence not later 
                than 5 years after disbursement.

SEC. 3205. LINES OF CREDIT.

    (a) In General.--
            (1) Agreements.--Subject to paragraphs (2) through (4), the 
        Assistant Secretary may enter into agreements to make available 
        to one or more obligors lines of credit in the form of direct 
        loans to be made by the Assistant Secretary at future dates on 
        the occurrence of certain events for any project selected under 
        section 3203.
            (2) Use of proceeds.--The proceeds of a line of credit made 
        available under this section shall be available to pay debt 
        service on project obligations issued to finance eligible 
        project costs, extraordinary repair and replacement costs, 
        operation and maintenance expenses, and costs associated with 
        unexpected Federal or State environmental restrictions.
            (3) Risk assessment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), before entering into an agreement under this 
                subsection, the Assistant Secretary, in consultation 
                with the Director of the Office of Management and 
                Budget and each rating agency providing a preliminary 
                rating opinion letter under section 3203(b)(2)(A), 
                shall determine an appropriate capital reserve subsidy 
                amount for each line of credit, taking into account the 
                rating opinion letter.
                    (B) Small projects.--Before entering into an 
                agreement under this subsection to make available a 
                line of credit for a small project, the Assistant 
                Secretary, in consultation with the Director of the 
                Office of Management and Budget, shall determine an 
                appropriate capital reserve subsidy amount for each 
                such line of credit, taking into account the 
                alternative documentation provided under section 
                3203(b)(2)(B) instead of preliminary rating opinion 
                letters provided under section 3203(b)(2)(A).
            (4) Investment-grade rating requirement.--The funding of a 
        line of credit under this section shall be contingent on--
                    (A) the senior obligations of the project receiving 
                an investment-grade rating from 2 rating agencies; or
                    (B) in the case of a small project, the project 
                meeting an alternative standard that the Assistant 
                Secretary shall establish under section 3206 for 
                purposes of this paragraph.
    (b) Terms and Limitations.--
            (1) In general.--A line of credit under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Assistant Secretary determines to be appropriate.
            (2) Maximum amounts.--The total amount of a line of credit 
        under this section shall not exceed 33 percent of the 
        reasonably anticipated eligible project costs.
            (3) Draws.--Any draw on a line of credit under this section 
        shall--
                    (A) represent a direct loan; and
                    (B) be made only if net revenues from the project 
                (including capitalized interest, but not including 
                reasonably required financing reserves) are 
                insufficient to pay the costs specified in subsection 
                (a)(2).
            (4) Interest rate.--The interest rate on a direct loan 
        resulting from a draw on the line of credit shall be not less 
        than the yield on 30-year United States Treasury securities, as 
        of the date of execution of the line of credit agreement.
            (5) Security.--A line of credit issued under this section--
                    (A) shall--
                            (i) be payable, in whole or in part, from--
                                    (I) amounts charged to--
                                            (aa) subscribers of 
                                        broadband service for such 
                                        service; or
                                            (bb) subscribers of any 
                                        related service provided over 
                                        the same infrastructure for 
                                        such related service;
                                    (II) user fees;
                                    (III) payments owing to the obligor 
                                under a public-private partnership; or
                                    (IV) other dedicated revenue 
                                sources that also secure the senior 
                                project obligations; and
                            (ii) include a coverage requirement or 
                        similar security feature supporting the project 
                        obligations; and
                    (B) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (6) Period of availability.--The full amount of a line of 
        credit under this section, to the extent not drawn upon, shall 
        be available during the 10-year period beginning on the date of 
        substantial completion of the project.
            (7) Rights of third-party creditors.--
                    (A) Against federal government.--A third-party 
                creditor of the obligor shall not have any right 
                against the Federal Government with respect to any draw 
                on a line of credit under this section.
                    (B) Assignment.--An obligor may assign a line of 
                credit under this section to--
                            (i) one or more lenders; or
                            (ii) a trustee on the behalf of such a 
                        lender.
            (8) Nonsubordination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a direct loan under this section shall not be 
                subordinated to the claims of any holder of project 
                obligations in the event of bankruptcy, insolvency, or 
                liquidation of the obligor.
                    (B) Pre-existing indenture.--
                            (i) In general.--The Assistant Secretary 
                        shall waive the requirement of subparagraph (A) 
                        for a public agency borrower that is financing 
                        ongoing capital programs and has outstanding 
                        senior bonds under a preexisting indenture, 
                        if--
                                    (I) the line of credit--
                                            (aa) is rated in the A 
                                        category or higher; or
                                            (bb) in the case of a small 
                                        project, meets an alternative 
                                        standard that the Assistant 
                                        Secretary shall establish under 
                                        section 3206 for purposes of 
                                        this subclause;
                                    (II) the BIFIA program loan 
                                resulting from a draw on the line of 
                                credit is payable from pledged revenues 
                                not affected by project performance, 
                                such as a tax-backed revenue pledge or 
                                a system-backed pledge of project 
                                revenues; and
                                    (III) the BIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            (ii) Limitation.--If the Assistant 
                        Secretary waives the nonsubordination 
                        requirement under this subparagraph--
                                    (I) the maximum credit subsidy to 
                                be paid by the Federal Government shall 
                                be not more than 10 percent of the 
                                principal amount of the secured loan; 
                                and
                                    (II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost.
            (9) Fees.--The Assistant Secretary may establish fees at a 
        level sufficient to cover all or a portion of the costs to the 
        Federal Government of providing a line of credit under this 
        section.
            (10) Relationship to other credit instruments.--A project 
        that receives a line of credit under this section also shall 
        not receive a secured loan or loan guarantee under section 3204 
        in an amount that, combined with the amount of the line of 
        credit, exceeds 49 percent of eligible project costs.
    (c) Repayment.--
            (1) Terms and conditions.--The Assistant Secretary shall 
        establish repayment terms and conditions for each direct loan 
        under this section based on--
                    (A) the projected cash flow from project revenues 
                and other repayment sources; and
                    (B) the useful life of the infrastructure for the 
                provision of broadband service being financed.
            (2) Timing.--All repayments of principal or interest on a 
        direct loan under this section shall be scheduled--
                    (A) to commence not later than 5 years after the 
                end of the period of availability specified in 
                subsection (b)(6); and
                    (B) to conclude, with full repayment of principal 
                and interest, by the date that is 25 years after the 
                end of the period of availability specified in 
                subsection (b)(6).

SEC. 3206. ALTERNATIVE PRUDENTIAL LENDING STANDARDS FOR SMALL PROJECTS.

    Not later than 180 days after the date of the enactment of this 
Act, the Assistant Secretary shall establish alternative, streamlined 
prudential lending standards for small projects receiving credit 
assistance under the BIFIA program to ensure that such projects pose no 
additional risk to the Federal Government, as compared with projects 
that are not small projects.

SEC. 3207. PROGRAM ADMINISTRATION.

    (a) Requirement.--The Assistant Secretary shall establish a uniform 
system to service the Federal credit instruments made available under 
the BIFIA program.
    (b) Fees.--The Assistant Secretary may collect and spend fees, 
contingent on authority being provided in appropriations Acts, at a 
level that is sufficient to cover--
            (1) the costs of services of expert firms retained pursuant 
        to subsection (d); and
            (2) all or a portion of the costs to the Federal Government 
        of servicing the Federal credit instruments.
    (c) Servicer.--
            (1) In general.--The Assistant Secretary may appoint a 
        financial entity to assist the Assistant Secretary in servicing 
        the Federal credit instruments.
            (2) Duties.--A servicer appointed under paragraph (1) shall 
        act as the agent for the Assistant Secretary.
            (3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Assistant 
        Secretary.
    (d) Assistance From Expert Firms.--The Assistant Secretary may 
retain the services of expert firms, including counsel, in the field of 
municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments.
    (e) Expedited Processing.--The Assistant Secretary shall implement 
procedures and measures to economize the time and cost involved in 
obtaining approval and the issuance of credit assistance under the 
BIFIA program.
    (f) Assistance to Small Projects.--Of the amount appropriated under 
section 3210(a), and after the set-aside for administrative expenses 
under section 3210(b), not less than 20 percent shall be made available 
for the Assistant Secretary to use in lieu of fees collected under 
subsection (b) for small projects.

SEC. 3208. STATE AND LOCAL PERMITS.

    The provision of credit assistance under the BIFIA program with 
respect to a project shall not--
            (1) relieve any recipient of the assistance of any 
        obligation to obtain any required State or local permit or 
        approval with respect to the project;
            (2) limit the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            (3) otherwise supersede any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.

SEC. 3209. REGULATIONS.

    The Assistant Secretary may promulgate such regulations as the 
Assistant Secretary determines to be appropriate to carry out the BIFIA 
program.

SEC. 3210. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Assistant Secretary $5,000,000,000 for fiscal year 
2022 to carry out this subtitle, and such amount is authorized to 
remain available through fiscal year 2026.
    (b) Administrative Expenses.--Of the amount appropriated under 
subsection (a), the Assistant Secretary may use not more than 5 percent 
for the administration of the BIFIA program.

SEC. 3211. REPORTS TO CONGRESS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and every 2 years thereafter, the Assistant 
Secretary shall submit to Congress a report summarizing the financial 
performance of the projects that are receiving, or have received, 
assistance under the BIFIA program, including a recommendation as to 
whether the objectives of the BIFIA program are best served by--
            (1) continuing the program under the authority of the 
        Assistant Secretary; or
            (2) establishing a Federal corporation or federally 
        sponsored enterprise to administer the program.
    (b) Application Process Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Assistant Secretary shall submit to the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a report 
        that includes a list of all of the letters of interest and 
        applications received for assistance under the BIFIA program 
        during the preceding fiscal year.
            (2) Inclusions.--
                    (A) In general.--Each report under paragraph (1) 
                shall include, at a minimum, a description of, with 
                respect to each letter of interest and application 
                included in the report--
                            (i) the date on which the letter of 
                        interest or application was received;
                            (ii) the date on which a notification was 
                        provided to the applicant regarding whether the 
                        application was complete or incomplete;
                            (iii) the date on which a revised and 
                        completed application was submitted (if 
                        applicable);
                            (iv) the date on which a notification was 
                        provided to the applicant regarding whether the 
                        project was approved or disapproved; and
                            (v) if the project was not approved, the 
                        reason for the disapproval.
                    (B) Correspondence.--Each report under paragraph 
                (1) shall include copies of any correspondence provided 
                to the applicant in accordance with section 3203(d).

                   Subtitle C--Wi-Fi on School Buses

SEC. 3301. E-RATE SUPPORT FOR SCHOOL BUS WI-FI.

    (a) Definition.--In this section, the term ``school bus'' means a 
passenger motor vehicle that is--
            (1) designed to carry a driver and not less than 5 
        passengers; and
            (2) used significantly to transport early child education, 
        elementary school, or secondary school students to or from 
        school or an event related to school.
    (b) Rulemaking.--Notwithstanding the limitations under paragraphs 
(1)(B) and (2)(A) of section 254(h) of the Communications Act of 1934 
(47 U.S.C. 254(h)) regarding the authorized recipients and uses of 
discounted telecommunications services, not later than 180 days after 
the date of enactment of this Act, the Commission shall commence a 
rulemaking to make the provision of Wi-Fi access on school buses 
eligible for support under the E-rate program of the Commission set 
forth under subpart F of part 54 of title 47, Code of Federal 
Regulations.

              Subtitle D--Healthcare Broadband Expansion.

SEC. 3401. DEFINITIONS.

    In this subtitle:
            (1) Eligible equipment.--The term ``eligible equipment'' 
        means the equipment described in section 54.613 of title 47, 
        Code of Federal Regulations, or any successor regulation.
            (2) Eligible service provider.--The term ``eligible service 
        provider'' means a provider described in section 54.608 of 
        title 47, Code of Federal Regulations, or any successor 
        regulation.
            (3) Funding year.--The term ``funding year'' has the 
        meaning given the term in section 54.600(a) of title 47, Code 
        of Federal Regulations, or any successor regulation.
            (4) Health care provider.--The term ``health care 
        provider'' has the meaning given the term in section 54.600(b) 
        of title 47, Code of Federal Regulations, or any successor 
        regulation.
            (5) Healthcare connect fund program.--The term ``Healthcare 
        Connect Fund Program'' means the program described in section 
        54.602(b) of title 47, Code of Federal Regulations, or any 
        successor regulation.
            (6) Multi-year commitments.--The term ``multi-year 
        commitments'' means the commitments described in section 
        54.620(c) of title 47, Code of Federal Regulations, or any 
        successor regulation.
            (7) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 54.600(e) of title 47, Code of 
        Federal Regulations, or any successor regulation.
            (8) Rural health care program.--The term ``Rural Health 
        Care Program'' means the program described in subpart G of part 
        54 of title 47, Code of Federal Regulations, or any successor 
        regulation.
            (9) Rural health care provider.--The term ``rural health 
        care provider'' has the meaning given the term in section 
        54.600(f) of title 47, Code of Federal Regulations, or any 
        successor regulation.
            (10) Telecommunications program.--The term 
        ``Telecommunications Program'' has the meaning given the term 
        in section 54.602(a) of title 47, Code of Federal Regulations, 
        or any successor regulation.
            (11) Upfront payments.--The term ``upfront payments'' means 
        the payments described in section 54.616 of title 47, Code of 
        Federal Regulations, or any successor regulation.

SEC. 3402. EXPANSION OF RURAL HEALTH CARE PROGRAM.

    (a) Promulgation of Regulations Required.--Not later than 180 days 
after the date of enactment of this Act, the Commission shall 
promulgate regulations modifying the requirements in subpart G of part 
54 of title 47, Code of Federal Regulations, in the following manner:
            (1) A health care provider not located in a rural area 
        shall be treated as a rural health care provider in funding 
        years 2022, 2023, and 2024 for the purposes of the Healthcare 
        Connect Fund Program.
            (2) The discount rate for an eligible expense through the 
        Healthcare Connect Fund Program (as described in section 
        54.611(a) of title 47, Code of Federal Regulations, or any 
        successor regulation) shall be increased to 85 percent in 
        funding years 2022, 2023, and 2024 for eligible equipment 
        purchased or eligible services rendered in such funding years, 
        including for eligible equipment, upfront payments, and multi-
        year commitments without limitation.
            (3) A temporary, mobile, or satellite health care delivery 
        site shall be treated as a health care provider or an eligible 
        site of a health care provider in funding years 2022, 2023, and 
        2024 for purposes of determining eligibility for the Healthcare 
        Connect Fund Program or the Telecommunications Program.
            (4) The adoption and implementation of a rolling 
        application process to allow a health care provider to apply 
        for funding.
            (5) The following changes to certain bidding requirements:
                    (A) Modification of the requirements in section 
                54.622 of title 47, Code of Federal Regulations, or any 
                successor regulation, to--
                            (i) provide that bid evaluation criteria 
                        may give additional consideration to the speed 
                        with which an eligible service provider can 
                        initiate service; and
                            (ii) encourage applicants to consider bids 
                        from different providers to provide service to 
                        different locations of such applicants, if 
                        considering bids in this manner would expedite 
                        the overall timeline for initiating or 
                        expanding service to individual locations.
            (6) Issuance of a decision on each application for funding 
        not later than 60 days after the date on which the application 
        is filed.
            (7) Release of funding not later than 30 days after the 
        date on which an invoice is submitted with respect to an 
        application that is approved, applicable services have been 
        provided, and required invoices have been submitted as required 
        under program rules.
    (b) Additional Changes to Rural Health Care Program.--
            (1) Release of funding for outstanding funding requests.--
                    (A) In general.--The Commission shall ensure the 
                release of funding for all requests (outstanding as of 
                the date of enactment of this Act) under the Rural 
                Health Care Program not later than 60 days after the 
                date of enactment of this Act, except that for 
                outstanding funding requests that are subject to a 
                review of the applicable urban and rural rates, the 
                Commission shall ensure the release of interim funding 
                not later than 60 days after the date of enactment of 
                this Act, disbursed at 65 percent of the funding 
                request, subject to a true-up following the completion 
                of such review.
                    (B) Limitation.--This paragraph shall not apply to 
                any party or successor-in-interest to any party to 
                which the Commission, during the period beginning on 
                the date that is 1 year before the date of enactment of 
                this Act and ending on January 31, 2022, has issued a 
                Letter of Inquiry, Notice of Apparent Liability, or 
                Forfeiture Order relating to the party's participation 
                in the Rural Health Care Program, pursuant to section 
                503(b) of the Communications Act of 1934 (47 U.S.C. 
                503(b)).
                    (C) Required repayment.--In the case of an eligible 
                service provider that receives funding through the 
                Rural Health Care Program pursuant to this paragraph to 
                which the eligible service provider is not entitled, 
                the Commission shall require the eligible service 
                provider to repay such funds.
    (c) Effective Date of Regulations.--The regulations required under 
subsection (a) shall take effect on the date on which the regulations 
are promulgated.
    (d) Telehealth Connectivity Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the Telehealth 
        Connectivity Fund.
            (2) Appropriation.--There is appropriated to the Telehealth 
        Connectivity Fund, out of any money in the Treasury not 
        otherwise appropriated, $2,000,000,000 for fiscal year 2022, to 
        remain available through fiscal year 2026.
            (3) Use of funds.--Amounts in the Telehealth Connectivity 
        Fund shall be available to the Commission to carry out the 
        Rural Health Care Program, as modified by the regulations 
        promulgated under subsection (a).
            (4) Relationship to universal service contributions.--
        Support provided under the regulations required by paragraphs 
        (1) through (3) of subsection (a) shall be--
                    (A) provided from amounts made available under 
                paragraph (3) of this subsection and not from 
                contributions under section 254(d) of the 
                Communications Act of 1934 (47 U.S.C. 254(d)); and
                    (B) in addition to, and not in replacement of, 
                funds authorized by the Commission for the Rural Health 
                Care Program as of the date of enactment of this Act 
                from contributions under section 254(d) of the 
                Communications Act of 1934 (47 U.S.C. 254(d)).
    (e) Labor Requirements.--
            (1) In general.--All laborers and mechanics employed by 
        contractors or subcontractors in the performance of 
        construction, alteration or repair work carried out, in whole 
        or in part, with assistance made available through the Rural 
        Health Care program shall be paid wages at rates not less than 
        those prevailing on projects of a similar character in the 
        locality as determined by the Secretary of Labor in accordance 
        with subchapter IV of chapter 31 of title 40, United States 
        Code.
            (2) Authority and functions of secretary of labor.--With 
        respect to the labor standards described in paragraph (1), the 
        Secretary of Labor shall have the authority and functions set 
        forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
        1267; 5 U.S.C. App.) and section 3145 of title 40, United 
        States Code.
    (f) Neutrality Requirement.--
            (1) In general.--In the case of a recipient of funding 
        through the Rural Health Care Program that is an employer, the 
        employer shall remain neutral with respect to the exercise of 
        employees and labor organizations of the right to organize and 
        bargain under the National Labor Relations Act (29 U.S.C. 151 
        et seq.).
            (2) Definitions.--In this subsection, the terms 
        ``employee'', ``employer'', and ``labor organization'' have the 
        meanings given those terms in section 2 of the National Labor 
        Relations Act (29 U.S.C. 152).
    (g) Referral of Alleged Violations of Applicable Federal Labor and 
Employment Laws.--The Commission shall refer any alleged violation of 
an applicable labor and employment law to the appropriate Federal 
agency for investigation and enforcement, and shall refer any alleged 
violation of subsection (e) or (f) to the National Labor Relations 
Board for investigation and enforcement.

       Subtitle E--Internet Exchange and Submarine Cable Grants.

SEC. 3501. DEFINITIONS.

    In this subtitle:
            (1) Core based statistical area.--The term ``core based 
        statistical area'' has the meaning given the term by the Office 
        of Management and Budget in the Notice of Decision entitled 
        ``2010 Standards for Delineating Metropolitan and Micropolitan 
        Statistical Areas'', published in the Federal Register on June 
        28, 2010 (75 Fed. Reg. 37246), or any successor to that Notice.
            (2) Covered grant.--The term ``covered grant'' means a 
        grant awarded under section 3502(a).
            (3) Indian tribe.--The term ``Indian Tribe''--
                    (A) has the meaning given the term in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304); and
                    (B) includes a Native Hawaiian organization, as 
                that term is defined in section 6207 of the Native 
                Hawaiian Education Act (20 U.S.C. 7517).
            (4) Internet exchange facility.--The term ``internet 
        exchange facility'' means physical infrastructure through which 
        internet service providers and content delivery networks 
        exchange internet traffic between their networks.
            (5) Submarine cable landing station.--The term ``submarine 
        cable landing station'' means a cable landing station, as that 
        term is used in section 1.767(a)(5) of title 47, Code of 
        Federal Regulations (or any successor regulation), that can be 
        utilized to land a submarine cable by an entity that has 
        obtained a license under the first section of the Act entitled 
        ``An Act relating to the landing and operation of submarine 
        cables in the United States'', approved May 27, 1921 (47 U.S.C. 
        34) (commonly known as the ``Cable Landing Licensing Act'').

SEC. 3502. INTERNET EXCHANGE FACILITY GRANTS.

    (a) Grants.--Not later than 1 year after the date on which amounts 
are made available under section 3505, the Assistant Secretary shall 
award grants to entities to acquire real property and necessary 
equipment to--
            (1) establish a new internet exchange facility in a core 
        based statistical area in which, at the time the grant is 
        awarded, there are no existing internet exchange facilities; or
            (2) expand operations at an existing internet exchange 
        facility in a core based statistical area in which, at the time 
        the grant is awarded, there is only 1 internet exchange 
        facility.
    (b) Eligibility.--To be eligible to receive a covered grant, an 
entity shall--
            (1) have sufficient interest from third party entities that 
        will use the internet exchange facility to be funded by the 
        grant once the facility is established or operations are 
        expanded, as applicable;
            (2) have sovereign control over the land or building in 
        which the internet exchange facility is to be housed;
            (3) provide evidence of direct conduit, duct, and manhole 
        access to public rights-of-way;
            (4) have a plan to establish security protocols for the 
        internet exchange facility to prevent physical or electronic 
        intrusion from unauthorized users; and
            (5) provide other information required by the Assistant 
        Secretary to protect against waste, fraud, or abuse.
    (c) Federal Share.--The Federal share of the total cost of the 
establishment of, or expansion of operations at, an internet exchange 
facility for which a covered grant is awarded may not exceed 50 
percent.
    (d) Grant Amount.--The amount of a covered grant may not exceed 
$3,000,000.
    (e) Applications.--
            (1) Rules and timelines.--Not later than 1 year after the 
        date of enactment of this Act, the Assistant Secretary shall 
        establish rules and timelines for applications for--
                    (A) covered grants; and
                    (B) grants under section 3503.
            (2) Third party review.--To prevent fraud in the covered 
        grant program, the Assistant Secretary shall enter into a 
        contract with an independent third party under which the third 
        party reviews an application for a covered grant not later than 
        60 days after the date on which the application is submitted to 
        ensure that only an entity that is eligible for a covered grant 
        receives a covered grant.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to authorize the Assistant Secretary to regulate, issue 
guidance for, or otherwise interfere with the activities at an internet 
exchange facility.

SEC. 3503. SUBMARINE CABLE LANDING STATION GRANTS.

    Not later than 1 year after the date on which amounts are made 
available under section 3505, and in accordance with the rules and 
timelines established under section 3502(e)(1), the Assistant Secretary 
shall award grants to States and Indian Tribes to build infrastructure 
and acquire necessary equipment to establish or expand an open-access, 
carrier-neutral submarine cable landing station that serves a military 
facility.

SEC. 3504. REPORT.

    Not later than 5 years after the date of enactment of this Act, and 
annually thereafter for 5 years, the Assistant Secretary shall submit a 
report on outcomes of grants awarded under this subtitle to--
            (1) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (2) the Committee on Energy and Commerce of the House of 
        Representatives.

SEC. 3505. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated $35,000,000 
to carry out sections 3502 and 3503.
    (b) Limitation.--The Assistant Secretary may not use more than 10 
percent of the amounts made available under subsection (a) to 
administer and report on the outcomes of grants awarded under this 
subtitle.

SEC. 3506. RETURN OF CERTAIN GRANT AMOUNTS.

    The Assistant Secretary may require a recipient of a grant awarded 
under section 3502 or 3503 to return all or a portion of the grant 
amount if there is evidence of waste, fraud, or abuse of grant funds by 
the recipient.

                     TITLE IV--COMMUNITY BROADBAND

SEC. 4001. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP, AND CO-OP 
              BROADBAND SERVICES.

    Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) 
is amended--
            (1) by redesignating subsection (d) as subsection (e) and 
        inserting after subsection (c) the following:
    ``(d) State, Local, Public-Private Partnership, and Co-Op Advanced 
Telecommunications Capability and Services.--
            ``(1) In general.--No State statute, regulation, or other 
        State legal requirement may prohibit or have the effect of 
        prohibiting any public provider, public-private partnership 
        provider, or cooperatively organized provider from providing, 
        to any person or any public or private entity, advanced 
        telecommunications capability or any service that utilizes the 
        advanced telecommunications capability provided by such 
        provider.
            ``(2) Antidiscrimination safeguards.--
                    ``(A) Public providers.--To the extent any public 
                provider regulates competing private providers of 
                advanced telecommunications capability or services that 
                utilize advanced telecommunications capability, such 
                public provider shall apply its ordinances and rules 
                without discrimination in favor of itself or any 
                provider that it owns of services that utilize advanced 
                telecommunications capability.
                    ``(B) Public-private partnership providers.--To the 
                extent any State or local entity that is part of a 
                public-private partnership provider regulates competing 
                private providers of advanced telecommunications 
                capability or services that utilize advanced 
                telecommunications capability, such State or local 
                entity shall apply its ordinances and rules without 
                discrimination in favor of such public-private 
                partnership provider or any provider that such State or 
                local entity or public-private partnership provider 
                owns of services that utilize advanced 
                telecommunications capability.
            ``(3) Savings clause.--Nothing in this subsection shall 
        exempt a public provider, public-private partnership provider, 
        or cooperatively organized provider from any Federal or State 
        telecommunications law or regulation that applies to all 
        providers of advanced telecommunications capability or services 
        that utilize such advanced telecommunications capability.''; 
        and
            (2) in subsection (e), as redesignated--
                    (A) in the matter preceding paragraph (1), by 
                striking ``this subsection'' and inserting ``this 
                section'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Cooperatively organized provider.--The term 
        `cooperatively organized provider' means an entity that is 
        treated as a cooperative under Federal tax law and that 
        provides advanced telecommunications capability, or any service 
        that utilizes such advanced telecommunications capability, to 
        any person or public or private entity.''; and
                    (D) by adding at the end the following:
            ``(4) Public provider.--The term `public provider' means a 
        State or local entity that provides advanced telecommunications 
        capability, or any service that utilizes such advanced 
        telecommunications capability, to any person or public or 
        private entity.
            ``(5) Public-private partnership provider.--The term 
        `public-private partnership provider' means a public-private 
        partnership, between a State or local entity and a private 
        entity, that provides advanced telecommunications capability, 
        or any service that utilizes such advanced telecommunications 
        capability, to any person or public or private entity.
            ``(6) State or local entity.--The term `State or local 
        entity' means a State or political subdivision thereof, any 
        agency, authority, or instrumentality of a State or political 
        subdivision thereof, or an Indian Tribe (as defined in section 
        4(e) of the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 5304(e))).''.

              TITLE V--BROADBAND INFRASTRUCTURE DEPLOYMENT

SEC. 5001. BROADBAND INFRASTRUCTURE DEPLOYMENT.

    (a) Definitions.--In this section:
            (1) Appropriate state agency.--The term ``appropriate State 
        agency'' means a State governmental agency that is recognized 
        by the executive branch of the State as having the experience 
        necessary to evaluate and facilitate the installation and 
        operation of broadband infrastructure within the State.
            (2) Broadband.--The term ``broadband'' has the meaning 
        given the term ``advanced telecommunications capability'' in 
        section 706 of the Telecommunications Act of 1996 (47 U.S.C. 
        1302).
            (3) Broadband conduit.--The term ``broadband conduit'' 
        means a conduit or innerduct for fiber optic cables (or 
        successor technology of greater quality and speed) that 
        supports the provision of broadband.
            (4) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means any buried or underground facility and 
        any wireless or wireline connection that enables the provision 
        of broadband.
            (5) Broadband provider.--The term ``broadband provider'' 
        means an entity that provides broadband to any person or 
        facilitates provision of broadband to any person, including, 
        with respect to such entity--
                    (A) a corporation, company, association, firm, 
                partnership, nonprofit organization, or any other 
                private entity;
                    (B) a State or local broadband provider;
                    (C) an Indian Tribe; and
                    (D) a partnership between any of the entities 
                described in subparagraphs (A), (B), and (C).
            (6) Covered highway construction project.--
                    (A) In general.--The term ``covered highway 
                construction project'' means, without regard to 
                ownership of a highway, a project to construct a new 
                highway or an additional lane for an existing highway, 
                to reconstruct an existing highway, or new 
                construction, including for a paved shoulder.
                    (B) Exclusions.--The term ``covered highway 
                construction project'' excludes any project--
                            (i) awarded before the date on which 
                        regulations required under subsection (b) take 
                        effect;
                            (ii) that does not include work beyond the 
                        edge of pavement or current paved shoulder; or
                            (iii) that does not require excavation.
            (7) Dig once requirement.--The term ``dig once 
        requirement'' means a requirement designed to reduce the cost 
        and accelerate the deployment to broadband by minimizing the 
        number and scale of repeated excavations for the installation 
        and maintenance of broadband conduit or broadband 
        infrastructure in rights-of-way.
            (8) Project.--The term ``project'' has the meaning given 
        such term in section 101 of title 23, United States Code.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (10) State.--The term ``State'' has the meaning given such 
        term in section 401 of title 23, United States Code.
            (11) State or local broadband provider.--The term ``State 
        or local broadband provider'' means a State or political 
        subdivision thereof, or any agency, authority, or 
        instrumentality of a State or political subdivision thereof, 
        that provides broadband to any person or facilitates the 
        provision of broadband to any person in that State.
            (12) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of an Indian Tribe or any 
        agency, authority, or instrumentality of such governing body or 
        such Indian Tribe.
    (b) Dig Once Requirement.--To facilitate the installation of 
broadband infrastructure, the Secretary shall, not later than 9 months 
after the date of enactment of this Act, promulgate regulations to 
ensure that each State that receives funds under chapter 1 of title 23, 
United States Code, meets the following requirements:
            (1) Broadband planning.--The State department of 
        transportation, in consultation with appropriate State 
        agencies, shall--
                    (A) identify a broadband coordinator, who may have 
                additional responsibilities in the State department of 
                transportation or in another State agency, that is 
                responsible for facilitating the broadband 
                infrastructure right-of-way efforts within the State; 
                and
                    (B) review existing State broadband plans, 
                including existing dig once requirements of the State, 
                municipal governments incorporated under State law, and 
                Tribal governments within the State, to determine 
                opportunities to coordinate projects occurring within 
                or across highway rights-of-way with planned broadband 
                infrastructure projects.
            (2) Notice of planned construction for broadband 
        providers.--
                    (A) Notice.--The State department of 
                transportation, in consultation with appropriate State 
                agencies, shall establish a process--
                            (i) for the registration of broadband 
                        providers that seek to be included in the 
                        advance notification of, and opportunity to 
                        participate in, broadband infrastructure right-
                        of-way facilitation efforts within the State; 
                        and
                            (ii) to electronically notify all broadband 
                        providers registered under clause (i)--
                                    (I) of the State transportation 
                                improvement program on at least an 
                                annual basis; and
                                    (II) of projects within the highway 
                                right-of-way for which Federal funding 
                                is expected to be obligated in the 
                                subsequent fiscal year.
                    (B) Website.--A State department of transportation 
                shall be considered to meet the requirements of 
                subparagraph (A) if such State department of 
                transportation publishes on a public website--
                            (i) the State transportation improvement 
                        program on at least an annual basis; and
                            (ii) projects within the highway right-of-
                        way for which Federal funding is expected to be 
                        obligated in the subsequent fiscal year.
                    (C) Coordination.--The State department of 
                transportation, in consultation with appropriate State 
                agencies, shall establish a process for a broadband 
                provider to commit to installing broadband conduit or 
                broadband infrastructure as part of any project.
            (3) Required installation of conduit.--
                    (A) In general.--The State department of 
                transportation shall install broadband conduit, in 
                accordance with this paragraph, except as described in 
                subparagraph (F), as part of any covered highway 
                construction project, unless a broadband provider has 
                committed to install broadband conduit or broadband 
                infrastructure as part of such project in a process 
                described under paragraph (2)(C).
                    (B) Installation requirements.--The State 
                department of transportation shall ensure that--
                            (i) an appropriate number of broadband 
                        conduits, as determined in consultation with 
                        the appropriate State agencies, are installed 
                        along the highway of a covered highway 
                        construction project to accommodate multiple 
                        broadband providers, with consideration given 
                        to the availability of existing conduits;
                            (ii) the size of each such conduit is 
                        consistent with industry best practices and is 
                        sufficient to accommodate potential demand, as 
                        determined in consultation with the appropriate 
                        State agencies;
                            (iii) hand holes and manholes necessary for 
                        fiber access and pulling with respect to such 
                        conduit are placed at intervals consistent with 
                        standards determined in consultation with the 
                        appropriate State agencies (which may differ by 
                        type of road, topologies, and rurality) and 
                        consistent with safety requirements;
                            (iv) each broadband conduit installed 
                        pursuant to this paragraph includes a pull tape 
                        and is capable of supporting fiber optic cable 
                        placement techniques consistent with best 
                        practices; and
                            (v) is placed at a depth consistent with 
                        requirements of the covered highway 
                        construction project and best practices and 
                        that, in determining the depth of placement, 
                        consideration is given to the location of 
                        existing utilities and cable separation 
                        requirements of State and local electrical 
                        codes.
                    (C) Guidance for the installation of broadband 
                conduit.--The Secretary, in consultation with the 
                Assistant Secretary, shall issue guidance for best 
                practices related to the installation of broadband 
                conduit as described in this paragraph and of conduit 
                and similar infrastructure for intelligent 
                transportation systems (as such term is defined in 
                section 501 of title 23, United States Code) that may 
                utilize broadband conduit installed pursuant to this 
                paragraph.
                    (D) Access.--
                            (i) In general.--The State department of 
                        transportation shall ensure that any requesting 
                        broadband provider has access to each broadband 
                        conduit installed pursuant to this paragraph, 
                        on a competitively neutral and 
                        nondiscriminatory basis, and in accordance with 
                        State permitting, licensing, leasing, or other 
                        similar laws and regulations.
                            (ii) Fee schedule.--The State department of 
                        transportation, in consultation with 
                        appropriate State agencies, shall publish a fee 
                        schedule for a broadband provider to access 
                        conduit installed pursuant to this paragraph. 
                        Fees in such schedule--
                                    (I) shall be consistent with the 
                                fees established pursuant to section 
                                224 of the Communications Act of 1934 
                                (47 U.S.C. 224);
                                    (II) may vary by topography, 
                                location, type of road, rurality, and 
                                other factors in the determination of 
                                the State; and
                                    (III) may be updated not more 
                                frequently than annually.
                            (iii) In-kind compensation.--The State 
                        department of transportation may negotiate in-
                        kind compensation with any broadband provider 
                        requesting access to broadband conduit 
                        installed under the provisions of this 
                        paragraph as a replacement for part or all of, 
                        but not to exceed, the relevant fee in the fee 
                        schedule described in clause (ii).
                            (iv) Safety considerations.--The State 
                        department of transportation shall require of 
                        broadband providers a process for safe access 
                        to the highway right-of-way during installation 
                        and on-going maintenance of the broadband fiber 
                        optic cables including a traffic control safety 
                        plan.
                            (v) Communication.--A broadband provider 
                        with access to the conduit installed pursuant 
                        to this subsection shall notify and receive 
                        permission from the relevant agencies of State 
                        responsible for the installation of such 
                        broadband conduit prior to accessing any 
                        highway or highway right-of-way, in accordance 
                        with applicable Federal requirements.
                    (E) Treatment of projects.--Notwithstanding any 
                other provision of law, broadband conduit and broadband 
                infrastructure installation projects under this 
                paragraph shall comply with section 113(a) of title 23, 
                United States Code.
                    (F) Waiver authority.--
                            (i) In general.--A State department of 
                        transportation may waive the required 
                        installation of broadband conduit for part or 
                        all of any covered highway construction project 
                        under this paragraph if, in the determination 
                        of the State--
                                    (I) broadband infrastructure, 
                                terrestrial broadband infrastructure, 
                                aerial broadband fiber cables, or 
                                broadband conduit is present near a 
                                majority of the length of the covered 
                                highway construction project;
                                    (II) the installation of conduit 
                                increases overall costs of a covered 
                                highway construction project by 1.5 
                                percent or greater;
                                    (III) the installation of broadband 
                                conduit associated with covered highway 
                                construction project will not be 
                                utilized or connected to future 
                                broadband infrastructure in the next 20 
                                years, in the determination of the 
                                State department of transportation, in 
                                consultation with appropriate State 
                                agencies and potentially affected local 
                                governments and Tribal governments;
                                    (IV) the requirements of this 
                                paragraph would require installation of 
                                conduit redundant with a dig once 
                                requirement of a local or Tribal 
                                government;
                                    (V) there exists a circumstance 
                                involving force majeure; or
                                    (VI) other relevant factors, as 
                                determined by the Secretary in 
                                consultation with the Assistant 
                                Secretary through regulation, warrant a 
                                waiver.
                            (ii) Contents of waiver.--A waiver 
                        authorized under this subparagraph shall--
                                    (I) identify the covered highway 
                                construction project; and
                                    (II) include a brief description of 
                                the determination of the State for 
                                issuing such waiver.
                            (iii) Availability of waiver.--A waiver 
                        authorized under this subparagraph shall be 
                        included in the plans, specifications, and 
                        estimates for the associated project, as long 
                        as such info is publicly available.
            (4) Priority.--If a State provides for the installation of 
        broadband infrastructure or broadband conduit in the right-of-
        way of an applicable project under this subsection, the State 
        department of transportation, along with appropriate State 
        agencies, shall carry out appropriate measures to ensure that 
        any existing broadband providers are afforded equal opportunity 
        access, as compared to other broadband providers, with respect 
        to the program under this subsection.
            (5) Consultation.--
                    (A) In general.--In promulgating regulations 
                required by this subsection or to implement any part of 
                this section, the Secretary shall consult--
                            (i) the Assistant Secretary;
                            (ii) the Commission;
                            (iii) State departments of transportation;
                            (iv) appropriate State agencies;
                            (v) agencies of local governments 
                        responsible for transportation and rights-of-
                        way, utilities, and telecommunications and 
                        broadband;
                            (vi) Tribal governments;
                            (vii) broadband providers; and
                            (viii) manufacturers of optical fiber, 
                        conduit, pull tape, and related items.
                    (B) Broadband users.--The Secretary shall ensure 
                that the entities consulted under clauses (iii) through 
                (vi) of subparagraph (A) include rural areas and 
                populations with limited access to broadband 
                infrastructure.
                    (C) Broadband providers.--The Secretary shall 
                ensure that the entities consulted under clause (vii) 
                of subparagraph (A) include entities who provide 
                broadband to rural areas and populations with limited 
                access to broadband infrastructure.
            (6) Prohibition on unfunded mandate.--
                    (A) In general.--This subsection shall apply only 
                to projects for which Federal obligations or 
                expenditures are initially approved on or after the 
                date regulations required under this subsection take 
                effect.
                    (B) No mandate.--Absent an available and dedicated 
                Federal source of funding--
                            (i) nothing in this subsection establishes 
                        a mandate or requirement that a State install 
                        broadband conduit in a highway right-of-way; 
                        and
                            (ii) nothing in paragraph (3) shall 
                        establish any requirement for a State.
            (7) Rules of construction.--
                    (A) State law.--Nothing in this subsection shall be 
                construed to require a State to install or allow the 
                installation of broadband conduit or broadband 
                infrastructure--
                            (i) that is otherwise inconsistent with 
                        what is allowable under State law; or
                            (ii) where the State lacks the authority or 
                        property easement necessary for such 
                        installation.
                    (B) No requirement for installation of mobile 
                services equipment.--Nothing in this section shall be 
                construed to require a State, a municipal government 
                incorporated under State law, or an Indian Tribe to 
                install or allow for the installation of equipment 
                essential for the provision of commercial mobile 
                services (as defined in section 332(d) of the 
                Communications Act of 1934 (47 U.S.C. 332(d))) or 
                commercial mobile data service (as defined in section 
                6001 of the Middle Class Tax Relief and Job Creation 
                Act of 2012 (47 U.S.C. 1401)), other than broadband 
                conduit and associated equipment described in paragraph 
                (3)(B).
    (c) Relation to State Dig Once Requirements.--Nothing in subsection 
(b) or any regulations promulgated under subsection (b) shall be 
construed to alter or supersede any provision of a State law or 
regulation that provides for a dig once requirement that includes 
similar or more stringent requirements to the provisions of subsection 
(b) and any regulations promulgated under subsection (b).
    (d) Dig Once Funding Task Force.--
            (1) Establishment.--There is established an independent 
        task force on funding the nationwide dig once requirement 
        described in this section to be known as the ``Dig Once Funding 
        Task Force'' (hereinafter referred to as the ``Task Force'').
            (2) Duties.--The duties of the Task Force shall be to--
                    (A) estimate the annual cost for implementing and 
                administering a nationwide dig once requirement; and
                    (B) propose and evaluate options for funding a 
                nationwide dig once requirement described in this 
                section that includes--
                            (i) a discussion of the role and potential 
                        share of costs of--
                                    (I) the Federal Government;
                                    (II) State, local, and Tribal 
                                governments; and
                                    (III) broadband providers; and
                            (ii) consideration of the role of existing 
                        dig once requirements of State, local, and 
                        Tribal governments and private broadband 
                        investment, with a goal to not discourage or 
                        disincentivize such dig once requirements or 
                        such investment.
            (3) Reports.--
                    (A) Interim report and briefing.--Not later than 9 
                months after the date of enactment of this Act, the 
                Task Force shall submit an interim report to Congress 
                and provide briefings for Congress on the findings of 
                the Task Force.
                    (B) Final report.--Not later than 12 months after 
                the date of enactment of this Act, the Task Force shall 
                submit a final report to Congress on the findings of 
                the Task Force.
            (4) Members.--
                    (A) Appointments.--The Task Force shall consist of 
                14 members, consisting of--
                            (i) the two co-chairs described in 
                        subparagraph (B);
                            (ii) six members jointly appointed by the 
                        Speaker and minority leader of the House of 
                        Representatives, in consultation with the 
                        respective Chairs and Ranking Members of the--
                                    (I) the Committee on Transportation 
                                and Infrastructure of the House of 
                                Representatives;
                                    (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                    (III) the Committee on 
                                Appropriations of the House of 
                                Representatives; and
                            (iii) six members jointly appointed by the 
                        majority leader and minority leader of the 
                        Senate, in consultation with the respective 
                        Chairs and Ranking Members of the--
                                    (I) the Committee on Environment 
                                and Public Works of the Senate;
                                    (II) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate; and
                                    (III) the Committee on 
                                Appropriations of the Senate.
                    (B) Co-chairs.--The Task Force shall be co-chaired 
                by the Secretary and the Assistant Secretary, or their 
                designees.
                    (C) Composition.--The Task Force shall include at 
                least--
                            (i) one representative from a State 
                        department of transportation;
                            (ii) one representative from a local 
                        government;
                            (iii) one representative from a Tribal 
                        government;
                            (iv) one representative from a broadband 
                        provider;
                            (v) one representative from a State or 
                        local broadband provider;
                            (vi) one representative from a labor union; 
                        and
                            (vii) one representative from a public 
                        interest organization.
                    (D) Appointment deadline.--Members shall be 
                appointed to the Task Force not later than 60 days 
                after the date of enactment of this Act.
                    (E) Effect of lack of appointment by appointment 
                date.--If one or more appointments required under 
                subparagraph (A) is not made by the appointment date 
                specified in subparagraph (D), the authority to make 
                such appointment or appointments shall expire and the 
                number of members of the Task Force shall be reduced by 
                the number equal to the number of appointments so 
                expired.
                    (F) Terms.--Members shall be appointed for the life 
                of the Task Force. A vacancy in the Task Force shall 
                not affect its powers and shall be filled in the same 
                manner as the initial appointment was made.
            (5) Consultations.--In carrying out the duties required 
        under this subsection, the Task Force shall consult, at a 
        minimum--
                    (A) the Commission;
                    (B) agencies of States including--
                            (i) State departments of transportation; 
                        and
                            (ii) appropriate State agencies;
                    (C) agencies of local governments responsible for 
                transportation and rights of way, utilities, and 
                telecommunications and broadband;
                    (D) Tribal governments;
                    (E) broadband providers and other 
                telecommunications providers;
                    (F) labor unions; and
                    (G) State or local broadband providers and Tribal 
                governments that act as broadband providers.
            (6) Additional provisions.--
                    (A) Expenses for non-federal members.--Non-Federal 
                members of the Task Force shall be allowed travel 
                expenses, including per diem in lieu of subsistence, at 
                rates authorized for employees under subchapter I of 
                chapter 57 of title 5, United States Code, while away 
                from their homes or regular places of business in the 
                performance of services for the Task Force.
                    (B) Staff.--Staff of the Task Force shall comprise 
                detailees with relevant expertise from the Department 
                of Transportation and the National Telecommunications 
                and Information Administration, or another Federal 
                agency the co-chairpersons consider appropriate, with 
                the consent of the head of the Federal agency, and such 
                detailee shall retain the rights, status, and 
                privileges of his or her regular employment without 
                interruption.
                    (C) Administrative assistance.--The Secretary and 
                Assistant Secretary shall provide to the Task Force on 
                a reimbursable basis administrative support and other 
                services for the performance of the functions of the 
                Task Force.
            (7) Termination.--The Task Force shall terminate not later 
        than 90 days after issuance of the final report required under 
        paragraph (3)(B).
                                 <all>
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