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grants allocated, including consideration of under-
served markets, in addition to data requested in 
paragraph (3). 
‘‘(3) DATA REQUESTED.—In reviewing an ap-
plication submitted under paragraph (1), the Sec-
retary shall request from the Federal Communica-
tions Commission, the Administrator of the National 
Telecommunications and Information Administra-
tion, the Secretary of Agriculture, and the Appa-
lachian Regional Commission data on— 
‘‘(A) the level and extent of broadband 
service that exists in the area proposed to be 
served; and 
‘‘(B) the level and extent of broadband 
service that will be deployed in the area pro-
posed to be served pursuant to another Federal 
program. 
‘‘(4) INTEREST IN REAL OR PERSONAL PROP-
ERTY.—For any broadband project carried out by an 
eligible recipient that is a public-private partnership 
or consortium, the Secretary shall require that title 
to any real or personal property acquired or im-
proved with grant funds, or if the recipient will not 
acquire title, another possessory interest acceptable 
to the Secretary, be vested in a public partner or eli-
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gible nonprofit organization or association for the 
useful life of the project, after which title may be 
transferred to any member of the public-private 
partnership or consortium in accordance with regu-
lations promulgated by the Secretary. 
‘‘(5) 
PROCUREMENT.—Notwithstanding 
any 
other provision of law, no person or entity shall be 
disqualified from competing to provide goods or serv-
ices related to a broadband project on the basis that 
the person or entity participated in the development 
of the broadband project or in the drafting of speci-
fications, requirements, statements of work, or simi-
lar documents related to the goods or services to be 
provided. 
‘‘(6) BROADBAND PROJECT PROPERTY.— 
‘‘(A) IN
GENERAL.—The Secretary may 
permit a recipient of a grant for a broadband 
project to grant an option to acquire real or 
personal property (including contractual rights 
and intangible property) related to that project 
to a third party on such terms as the Secretary 
determines to be appropriate, subject to the 
condition that the option may only be exercised 
after the Secretary releases the Federal interest 
in the property. 
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‘‘(B) TREATMENT.—The grant or exercise 
of an option described in subparagraph (A) 
shall not constitute a redistribution of grant 
funds under section 217. 
‘‘(c) NON-FEDERAL SHARE.—In determining the 
amount of the non-Federal share of the cost of a 
broadband project, the Secretary may provide credit to-
ward the non-Federal share for the present value of allow-
able contributions over the useful life of the broadband 
project, subject to the condition that the Secretary may 
require such assurances of the value of the rights and of 
the commitment of the rights as the Secretary determines 
to be appropriate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Public Works and Economic Devel-
opment Act of 1965 (42 U.S.C. 3121 note; Public Law 
89–136) is amended by inserting after the item relating 
to section 218 the following: 
‘‘Sec. 219. High-speed broadband deployment initiative.’’. 
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
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vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives November 4, 
2021. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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