I 
111TH CONGRESS 
1ST SESSION 
H. R. 629 
To provide energy and commerce provisions of the American Recovery and 
Reinvestment Act of 2009. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 22, 2009 
Mr. WAXMAN introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, Education and Labor, and Science and Technology, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide energy and commerce provisions of the American 
Recovery and Reinvestment Act of 2009. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy and Commerce 
Recovery and Reinvestment Act’’. 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
TITLE I—BROADBAND 
COMMUNICATIONS 
SEC. 1001. INVENTORY OF BROADBAND SERVICE CAPA-
BILITY AND AVAILABILITY. 
(a) ESTABLISHMENT.—To provide a comprehensive 
nationwide inventory of existing broadband service capa-
bility and availability, the National Telecommunications 
and Information Administration (‘‘NTIA’’) shall develop 
and maintain a broadband inventory map of the United 
States that identifies and depicts the geographic extent 
to which broadband service capability is deployed and 
available from a commercial provider or public provider 
throughout each State. 
(b) PUBLIC AVAILABILITY AND INTERACTIVITY.— 
Not later than 2 years after the date of enactment of this 
Act, the NTIA shall make the broadband inventory map 
developed and maintained pursuant to this section acces-
sible by the public on a World Wide website of the NTIA 
in a form that is interactive and searchable. 
SEC. 1002. WIRELESS AND BROADBAND DEPLOYMENT 
GRANT PROGRAMS. 
(a) GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The National Telecommuni-
cations and Information Administration (‘‘NTIA’’) 
is authorized to carry out a program to award 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
grants to eligible entities for the non-recurring costs 
associated with the deployment of broadband infra-
structure in rural, suburban, and urban areas, in ac-
cordance with the requirements of this section. 
(2) PROGRAM WEBSITE.—The NTIA shall de-
velop and maintain a website to make publicly avail-
able information about the program described in 
paragraph (1), including— 
(A) each prioritization report submitted by 
a State under subsection (b); 
(B) a list of eligible entities that have ap-
plied for a grant under this section, and the 
area or areas the entity proposes to serve; and 
(C) the status of each such application, 
whether approved, denied, or pending. 
(b) STATE PRIORITIES.— 
(1) PRIORITIES
REPORT
SUBMISSION.—Not 
later than 75 days after the date of enactment of 
this section, each State intending to participate in 
the program under this section shall submit to the 
NTIA a report indicating the geographic areas of 
the State which— 
(A) for the purposes of determining the 
need for Wireless Deployment Grants under 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
subsection (c), the State considers to have the 
greatest priority for— 
(i) wireless voice service in unserved 
areas; and 
(ii) advanced wireless broadband serv-
ice in underserved areas; and 
(B) for the purposes of determining the 
need for Broadband Deployment Grants under 
subsection (d), the State considers to have the 
greatest priority for— 
(i) 
basic 
broadband 
service 
in 
unserved areas; and 
(ii) advanced broadband service in un-
derserved areas. 
(2) LIMITATION.—The unserved and under-
served areas identified by a State in the report re-
quired by this subsection shall not represent, in the 
aggregate, more than 20 percent of the population 
or of the geographic area of such State. 
(c) WIRELESS DEPLOYMENT GRANTS.— 
(1) AUTHORIZED ACTIVITY.—The NTIA shall 
award Wireless Deployment Grants in accordance 
with this subsection from amounts authorized for 
Wireless Deployment Grants by this subtitle to eligi-
ble entities to deploy necessary infrastructure for the 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
provision of wireless voice service or advanced wire-
less broadband service to end users in designated 
areas. 
(2) GRANT
DISTRIBUTION.—The NTIA shall 
seek to distribute grants, to the extent possible, so 
that 25 percent of the grants awarded under this 
subsection shall be awarded to eligible entities for 
providing wireless voice service to unserved areas 
and 75 percent of grants awarded under this sub-
section shall be awarded to eligible entities for pro-
viding advanced wireless broadband service to under-
served areas. 
(d) BROADBAND DEPLOYMENT GRANTS.— 
(1) AUTHORIZED ACTIVITY.—The NTIA shall 
award Broadband Deployment Grants in accordance 
with this subsection from amounts authorized for 
Broadband Deployment Grants by this subtitle to el-
igible entities to deploy necessary infrastructure for 
the provision of basic broadband service or advanced 
broadband service to end users in designated areas. 
(2) GRANT
DISTRIBUTION.—The NTIA shall 
seek to distribute grants, to the extent possible, so 
that 25 percent of the grants awarded under this 
subsection shall be awarded to eligible entities for 
providing basic broadband service to unserved areas 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
and 75 percent of grants awarded under this sub-
section shall be awarded to eligible entities for pro-
viding advanced broadband service to underserved 
areas. 
(e) GRANT REQUIREMENTS.—The NTIA shall— 
(1) adopt rules to protect against unjust enrich-
ment; and 
(2) ensure that grant recipients— 
(A) meet buildout requirements; 
(B) maximize use of the supported infra-
structure by the public; 
(C) operate basic and advanced broadband 
service networks on an open access basis; 
(D) operate advanced wireless broadband 
service on a wireless open access basis; and 
(E) adhere to the principles contained in 
the Federal Communications Commission’s 
broadband policy statement (FCC 05–151, 
adopted August 5, 2005). 
(f) APPLICATIONS.— 
(1) SUBMISSION.—To be considered for a grant 
awarded under subsection (c) or (d), an eligible enti-
ty shall submit to the NTIA an application at such 
time, in such manner, and containing such informa-
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
tion and assurances as the NTIA may require. Such 
an application shall include— 
(A) a cost-study estimate for serving the 
particular geographic area to be served by the 
entity; 
(B) a proposed build-out schedule to resi-
dential households and small businesses in the 
area; 
(C) for applicants for Wireless Deployment 
Grants under subsection (c), a build-out sched-
ule for geographic coverage of such areas; and 
(D) any other requirements the NTIA 
deems necessary. 
(2) SELECTION.— 
(A) NOTIFICATION.—The NTIA shall no-
tify each eligible entity that has submitted a 
complete application whether the entity has 
been approved or denied for a grant under this 
section in a timely fashion. 
(B) 
GRANT
DISTRIBUTION
CONSIDER-
ATIONS.—In awarding grants under this sec-
tion, the NTIA shall, to the extent practical— 
(i) award not less than one grant in 
each State; 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
(ii) give substantial weight to whether 
an application is from an eligible entity to 
deploy infrastructure in an area that is an 
area— 
(I) identified by a State in a re-
port submitted under subsection (b); 
or 
(II) in which the NTIA deter-
mines there will be a significant 
amount of public safety or emergency 
response use of the infrastructure; 
and 
(iii) consider whether an application 
from an eligible entity to deploy infrastruc-
ture in an area— 
(I) will, if approved, increase the 
affordability of, or subscribership to, 
service to the greatest population of 
underserved users in the area; 
(II) will, if approved, enhance 
service for health care delivery, edu-
cation, or children to the greatest pop-
ulation of underserved users in the 
area; 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
(III) contains concrete plans for 
enhancing computer ownership or 
computer literacy in the area; 
(IV) is from a recipient of more 
than 20 percent matching grants from 
State, local, or private entities for 
service in the area and the extent of 
such commitment; and 
(V) will, if approved, result in 
unjust enrichment because the eligible 
entity has applied for, or intends to 
apply for, support for the non-recur-
ring costs through another Federal 
program for service in the area. 
(g) 
COORDINATION
AND
CONSULTATION.—The 
NTIA shall coordinate with the Federal Communications 
Commission and shall consult with other appropriate Fed-
eral agencies in implementing this section. 
(h) REPORT REQUIRED.—The NTIA shall submit an 
annual report to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate for 
5 years assessing the impact of the grants funded under 
this section on the basis of the objectives and criteria de-
scribed in subsection (f)(2)(B)(iii). 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
(i) RULEMAKING AUTHORITY.—The NTIA shall have 
the authority to prescribe such rules as necessary to carry 
out the purposes of this section. 
(j) DEFINITIONS.—For the purpose of this section— 
(1) the term ‘‘advanced broadband service’’ 
means a service delivering data to the end user 
transmitted at a speed of at least 45 megabits per 
second downstream and at least 15 megabits per 
second upstream; 
(2) the term ‘‘advanced wireless broadband 
service’’ means a wireless service delivering to the 
end user data transmitted at a speed of at least 3 
megabits per second downstream and at least 1 
megabit per second upstream over an end-to-end 
internet protocol wireless network; 
(3) the term ‘‘basic broadband service’’ means 
a service delivering data to the end user transmitted 
at a speed of at least 5 megabits per second down-
stream and at least 1 megabit per second upstream; 
(4) the term ‘‘eligible entity’’ means— 
(A) a provider of wireless voice service, ad-
vanced 
wireless 
broadband 
service, 
basic 
broadband service, or advanced broadband serv-
ice, including a satellite carrier that provides 
any such service; 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
(B) a State or unit of local government, or 
agency or instrumentality thereof, that is or in-
tends to be a provider of any such service; and 
(C) any other entity, including construc-
tion companies, tower companies, backhaul 
companies, or other service providers, that the 
NTIA authorizes by rule to participate in the 
programs under this section, if such other enti-
ty is required to provide access to the supported 
infrastructure on a neutral, reasonable basis to 
maximize use; 
(5) the term ‘‘State’’ includes the District of 
Columbia and the territories and possessions; 
(6) the term ‘‘underserved area’’ shall be de-
fined by the Federal Communications Commission 
not later than 45 days after the date of enactment 
of this section; 
(7) the term ‘‘unserved area’’ shall be defined 
by the Federal Communications Commission not 
later than 45 days after the date of enactment of 
this section; 
(8) the term ‘‘wireless voice service’’ means the 
provision of two-way, real-time, voice communica-
tions using a mobile service; 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
(9) the term ‘‘open access’’ shall be defined by 
the Federal Communications Commission not later 
than 45 days after the date of enactment of this sec-
tion; and 
(10) the term ‘‘wireless open access’’ shall be 
defined by the Federal Communications Commission 
not later than 45 days after the date of enactment 
of this section. 
TITLE II—ENERGY 
Subtitle A—Energy Provisions 
SEC. 2001. TECHNICAL CORRECTIONS TO THE ENERGY 
INDEPENDENCE AND SECURITY ACT OF 2007. 
(a) Section 543(a) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17153(a)) is amended— 
(1) by redesignating paragraphs (2) through 
(4) as paragraphs (3) through (5), respectively; and 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) 34 percent to eligible units of local govern-
ment–alternative 1, in accordance with subsection 
(b); 
‘‘(2) 34 percent to eligible units of local govern-
ment–alternative 2, in accordance with subsection 
(b);’’. 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
(b) Section 543(b) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17153(b)) is amended 
by striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection 
(a)(1) or (2)’’. 
(c) Section 548(a)(1) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17158(a)(1)) is 
amending by striking ‘‘; provided’’ and all that follows 
through ‘‘541(3)(B)’’. 
SEC. 2002. AMENDMENTS TO TITLE XIII OF THE ENERGY 
INDEPENDENCE AND SECURITY ACT OF 2007. 
Title XIII of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17381 and following) is amended 
as follows: 
(1) By amending subparagraph (A) of section 
1304(b)(3) to read as follows: 
‘‘(A) IN GENERAL.—In carrying out the 
initiative, the Secretary shall provide financial 
support to smart grid demonstration projects in 
urban, suburban, and rural areas, including 
areas where electric system assets are controlled 
by tax-exempt entities and areas where electric 
system assets are controlled by investor-owned 
utilities.’’. 
(2) By amending subparagraph (C) of section 
1304(b)(3) to read as follows: 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
‘‘(C) FEDERAL SHARE OF COST OF TECH-
NOLOGY
INVESTMENTS.—The Secretary shall 
provide to an electric utility described in sub-
paragraph (B) or to other parties financial as-
sistance for use in paying an amount equal to 
not more than 50 percent of the cost of quali-
fying advanced grid technology investments 
made by the electric utility or other party to 
carry out a demonstration project.’’. 
(3) By inserting after section 1304(b)(3)(D) 
the following new subparagraphs: 
‘‘(E) AVAILABILITY OF DATA.—The Sec-
retary shall establish and maintain a smart grid 
information clearinghouse in a timely manner 
which will make data from smart grid dem-
onstration projects and other sources available 
to the public. As a condition of receiving finan-
cial assistance under this subsection, a utility or 
other participant in a smart grid demonstration 
project shall provide such information as the 
Secretary may require to become available 
through the smart grid information clearing-
house in the form and within the timeframes as 
directed by the Secretary. The Secretary shall 
assure that business proprietary information 
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS
(7) NOTICES TO INDIVIDUALS.— 
(A) GENERAL NOTICE.— 
(i) IN GENERAL.—In the case of no-
tices provided under section 606(4) of the 
Employee Retirement Income Security Act 
of 1974 (29 U.S.C. 1166(4)), section 
4980B(f)(6)(D) of the Internal Revenue 
Code of 1986, section 2206(4) of the Pub-
lic Health Service Act (42 U.S.C. 300bb– 
6(4)), or section 8905a(f)(2)(A) of title 5, 
United States Code, with respect to indi-
viduals who, during the period described in 
paragraph (3)(A), become entitled to elect 
COBRA continuation coverage, such no-
tices shall include an additional notifica-
tion to the recipient of the availability of 
premium reduction with respect to such 
coverage under this subsection. 
(ii) ALTERNATIVE
NOTICE.—In the 
case of COBRA continuation coverage to 
which the notice provision under such sec-
tions does not apply, the Secretary of 
Labor, in consultation with the Secretary 
of the Treasury and the Secretary of 
Health and Human Services, shall, in co-
VerDate Nov 24 2008 
01:34 Jan 23, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H629.IH
H629
jbell on PROD1PC69 with BILLS