after appropriate notice and op-
portunity for public comment, de-
termines 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 el-
igible States under this subsection in a fis-
cal year, there are amounts remaining to 
carry out this section, the Assistant Sec-
retary 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 for-
mula described in clause (i). 
(iv) DATA UNAVAILABLE.—If, in a fis-
cal year, the Commonwealth of Puerto 
Rico (referred to in this clause as ‘‘Puerto 
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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 mak-
ing any calculation under that clause for 
that fiscal year. 
(B) DURATION.—With respect to a grant 
awarded to an eligible State under this sub-
section, 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 As-
sistant 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 sub-
paragraph (A). 
(D) USE OF FUNDS.—The administering 
entity for an eligible State to which a grant is 
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awarded under this subsection shall use the 
grant amounts for the following purposes: 
(i)(I) Subject to subclause (II), to up-
date or maintain the State Digital Equity 
Plan of the State. 
(II) An administering entity for an el-
igible 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 sub-
clause (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 de-
scribed in section 11202(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 ac-
tivities in the State consistent with 
the State Digital Equity Plan of the 
State; and 
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(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 en-
tity 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 an-
other Federal official. 
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(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 el-
igible 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 car-
rying out the activities described in clauses 
(i) through (iv). 
(II) An administering entity for an el-
igible 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 
11202(b) is awarded grant funds under this section 
(referred to in this subsection as a ‘‘covered recipi-
ent’’), provide that— 
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(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 admin-
istering any grant that the covered recipient is 
awarded, including by— 
(i) enforcing any obligation imposed 
under law on any agency, institution, orga-
nization, 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 proce-
dure; and 
(iii) adopting written procedures for 
the receipt and resolution of complaints al-
leging 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— 
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(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 of-
ficial; 
(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 As-
sistant Secretary to perform the duties of the 
Assistant Secretary under this section; 
(C) maintain any records and provide any 
information to the Assistant Secretary, includ-
ing 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 pro-
posed change or amendment to the State Dig-
ital Equity Plan for the State, make the change 
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or amendment available for public comment in 
accordance with subsection (c)(2); and 
(3) the State, before submitting to the Assist-
ant Secretary the State Digital Equity Plan of the 
State, has complied with the requirements of sub-
section (c)(2). 
(f) TERMINATION OF GRANT.— 
(1) IN GENERAL.—In addition to other author-
ity 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 dem-
onstrates, 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 As-
sistant Secretary awarded the grant. 
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(2) REDISTRIBUTION.—If the Assistant Sec-
retary, in a fiscal year, terminates a grant under 
paragraph (1) or under other authority under appli-
cable law, the Assistant Secretary shall redistribute 
the unspent grant amounts— 
(A) to eligible States to which the Assist-
ant Secretary has awarded grants under sub-
section (d) for that fiscal year; and 
(B) in accordance with the formula de-
scribed 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, in-
cluding a subgrant, is awarded under this sec-
tion 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 Assist-
ant 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 
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(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, includ-
ing a subgrant, is awarded under this section— 
(i) uses the grant amounts in an ap-
propriate manner; and 
(ii) complies with all terms with re-
spect to the use of the grant amounts; and 
(C) create and maintain a fully searchable 
database, which shall be accessible on the inter-
net 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 de-
scribed in clause (i); 
(iii) each report submitted by an enti-
ty under subparagraph (A); 
(iv) a record of public comments re-
ceived during the comment period de-
scribed in subsection (c)(2)(A) regarding 
the State Digital Equity Plan of a State, 
as well as any written responses to or ac-
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tions taken as a result of those comments; 
and 
(v) any other information that the As-
sistant Secretary considers appropriate to 
ensure that the public has sufficient infor-
mation to understand and monitor grants 
awarded under this section; and 
(2) may establish additional reporting and in-
formation 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 sec-
tion. 
(i) SET ASIDES.—From amounts made available in 
a fiscal year to carry out the Program, the Assistant Sec-
retary shall reserve— 
(1) not more than 5 percent for the implemen-
tation and administration of the Program, which 
shall include— 
(A) providing technical support and assist-
ance, including ensuring consistency in data re-
porting; 
(B) providing assistance to— 
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(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 11203(a); and 
(D) providing assistance specific to Indian 
Tribes, tribally designated entities, and Native 
Hawaiian organizations, including— 
(i) conducting annual outreach to In-
dian Tribes and Native Hawaiian organiza-
tions on the availability of technical assist-
ance for applying for or otherwise partici-
pating in the Program; 
(ii) providing technical assistance at 
the request of any Indian Tribe, tribally 
designated entity, or Native Hawaiian or-
ganization that is applying for or partici-
pating in the Program in order to facilitate 
the fulfillment of any applicable require-
ments in subsections (c) and (d); and 
(iii) providing additional technical as-
sistance at the request of any Indian 
Tribe, tribally designated entity, or Native 
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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 pro-
grams that are available to assist the 
Indian Tribe, tribally designated enti-
ty, or Native Hawaiian organization 
in meeting the goals of a Digital Eq-
uity plan; 
(II) identifying all applicable 
Federal, State, and Tribal statutory 
provisions, regulations, policies, and 
procedures that the Assistant Sec-
retary determines are necessary to ad-
here 
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, 
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privacy and cybersecurity expertise, 
and other end-user technology needs; 
and 
(2) not less than 5 percent to award grants di-
rectly 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 Sec-
retary— 
(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. 11202. DIGITAL EQUITY COMPETITIVE GRANT PRO-
GRAM. 
(a) ESTABLISHMENT.— 
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(1) IN GENERAL.—Not later than 30 days after 
the date on which the Assistant Secretary begins 
awarding grants under section 11201(d), and not 
before that date, the Assistant Secretary shall estab-
lish 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 popu-
lations. 
(2) CONSULTATION; NO CONFLICT.—In estab-
lishing the Program under paragraph (1), the As-
sistant Secretary— 
(A) may consult a State with respect to— 
(i) the identification of groups de-
scribed in subparagraphs (A) through (H) 
of section 10001(6) located in that State; 
and 
(ii) the allocation of grant funds with-
in that State for projects in or affecting 
the State; and 
(B) shall— 
(i) consult with— 
(I) the Secretary of Agriculture; 
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(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 Inte-
rior; 
(VIII) the Assistant Secretary for 
Indian Affairs of the Department of 
the Interior; 
(IX) the Commission; 
(X) the Federal Trade Commis-
sion; 
(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 Commis-
sion; and 
(XIV) the head of any other Fed-
eral agency that the Assistant Sec-
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retary determines to be appropriate; 
and 
(ii) ensure that the Program com-
plements and enhances, and does not con-
flict with, other Federal broadband support 
programs and Universal Service Fund Pro-
grams. 
(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 
11201(b): 
(1) A political subdivision, agency, or instru-
mentality 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 enti-
ty, 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 devel-
opment program. 
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(7) A consortium of any of the entities de-
scribed in paragraphs (1) through (6). 
(8) A consortium of— 
(A) an entity described in any of para-
graphs (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 re-
quire; 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 ap-
plicant will expend the grant funds awarded 
under the Program; 
(C) includes— 
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(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 sub-
section (h)— 
(I) in a competent manner; and 
(II) in compliance with all appli-
cable Federal, State, and local laws; 
and 
(ii) if the applicant is an entity de-
scribed in subsection (b)(1), will appro-
priate or otherwise unconditionally obligate 
from non-Federal sources funds that are 
necessary to meet the requirements of sub-
section (e); 
(E) discloses to the Assistant Secretary the 
source and amount of other Federal, State, or 
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outside funding sources from which the entity 
receives, or has applied for, funding for activi-
ties 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 enrich-
ment; and 
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(ii) the applicant is, or plans to sub-
contract with, a socially and economically 
disadvantaged small business concern; 
(B) the comparative geographic diversity of 
the application in relation to other eligible ap-
plications; 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 ac-
tivities 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 fol-
lowing 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 pro-
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vide educational and employment opportu-
nities to those populations. 
(iii) To implement, consistent with the 
purposes of this part— 
(I) training programs for covered 
populations that cover basic, ad-
vanced, and applied skills; or 
(II) other workforce development 
programs. 
(iv) To make available equipment, in-
strumentation, networking capability, hard-
ware and software, or digital network tech-
nology for broadband service to covered 
populations at low or no cost. 
(v) To construct, upgrade, expend, or 
operate new or existing public access com-
puting 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 
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under the Program shall use not more 
than 10 percent of the grant amounts to 
measure and evaluate the activities sup-
ported with the grant amounts. 
(ii) SUBMISSION TO ASSISTANT SEC-
RETARY.—An entity to which the Assistant 
Secretary awards a grant under the Pro-
gram shall submit to the Assistant Sec-
retary 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 submis-
sion 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 adminis-
trative costs in carrying out any of the activities 
described in subparagraph (A). 
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(D) TIME LIMITATIONS.—With respect to 
a grant awarded to an entity under the Pro-
gram, 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 subpara-
graph (B). 
(E) CONTRACTING
REQUIREMENTS.—All 
laborers and mechanics employed by contractors 
or subcontractors in the performance of con-
struction, alteration, or repair work carried out, 
in whole or in part, with a grant under the Pro-
gram shall be paid wages at rates not less than 
those prevailing on projects of a similar char-
acter in the locality as determined by the Sec-
retary of Labor in accordance with subchapter 
IV of chapter 31 of title 40, United States 
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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 em-
ployer 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 EMPLOY-
MENT
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 inves-
tigation and enforcement, utilizing all appro-
priate remedies up to and including debarment 
from the Program. 
(e) FEDERAL SHARE.— 
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(1) IN GENERAL.—Except as provided in para-
graph (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 admin-
istering any grant that the entity is awarded, includ-
ing by— 
(A) enforcing any obligation imposed under 
law on any agency, institution, organization, or 
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other entity that is responsible for carrying out 
a program to which the grant relates; 
(B) correcting any deficiency in the oper-
ation of a program to which the grant relates, 
as identified through an audit or another moni-
toring or evaluation procedure; and 
(C) adopting written procedures for the re-
ceipt 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 Assist-
ant Secretary or another Federal official; 
(4) use fiscal control and fund accounting pro-
cedures 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 re-
ports that may be necessary to enable the Assistant 
Secretary to perform the duties of the Assistant Sec-
retary under the Program; and 
(6) maintain any records and provide any infor-
mation to the Assistant Secretary, including those 
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records, that the Assistant Secretary determines is 
necessary to enable the Assistant Secretary to per-
form 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 dem-
onstrates, 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 enti-
ty 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 As-
sistant Secretary awarded the grant; and 
(2) with respect to any grant funds that the As-
sistant Secretary terminates under paragraph (1) or 
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under other authority under applicable law, competi-
tively award the grant funds to another applicant (if 
such an applicant exists), consistent with the re-
quirements of this section. 
(h) REPORTING AND INFORMATION REQUIREMENTS; 
INTERNET DISCLOSURE.—The Assistant Secretary— 
(1) shall— 
(A) require any entity to which the Assist-
ant Secretary awards a grant under the Pro-
gram to, for each year during the period de-
scribed 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; 
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(B) establish mechanisms to ensure appro-
priate 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 inter-
net at no cost to the public, that contains, at 
a minimum— 
(i) a list of each entity that has ap-
plied for a grant under the Program; 
(ii) a description of each application 
described in clause (i), including the pro-
posed purpose of each grant described in 
that clause; 
(iii) the status of each application de-
scribed 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 enti-
ty under subparagraph (A); and 
(v) any other information that the As-
sistant Secretary considers appropriate to 
ensure that the public has sufficient infor-
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mation 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 other-
wise challenge that termination; and 
(2) may establish additional reporting and in-
formation 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 sup-
plant, 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 Sec-
retary shall reserve— 
(1) not more than 5 percent for the implemen-
tation and administration of the Program, which 
shall include— 
(A) providing technical support and assist-
ance, including ensuring consistency in data re-
porting; 
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(B) providing assistance to entities to pre-
pare the applications of those entities with re-
spect to grants awarded under this section; 
(C) developing the report required under 
section 11203(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 di-
rectly 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 Sec-
retary $625,000,000 to carry out this section for fiscal 
year 2022, and such amount is authorized to remain avail-
able through fiscal year 2026. 
SEC. 11203. POLICY RESEARCH, DATA COLLECTION, ANAL-
YSIS AND MODELING, EVALUATION, AND DIS-
SEMINATION. 
(a) REPORTING REQUIREMENTS.— 
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(1) IN GENERAL.—Not later than 1 year after 
the date on which the Assistant Secretary begins 
awarding grants under section 11201(d), and annu-
ally 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 in-
clude— 
(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 pro-
grams, 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 appli-
cant for, or a recipient of, a grant under 
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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 es-
tablished under section 11201 are— 
(I) abiding by the assurances 
made by those States under sub-
section (e) of that section; 
(II) meeting, or have met, the 
stated goals of the State Digital Eq-
uity 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 regula-
tions promulgated by the Assistant 
Secretary in implementing that pro-
gram; and 
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(ii) whether entities to which grants 
are awarded under the program established 
under section 11202 are— 
(I) abiding by the assurances 
made by those entities under sub-
section (f) of that section; 
(II) meeting, or have met, the 
stated goals of those entities with re-
spect 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 regula-
tions promulgated by the Assistant 
Secretary in implementing that pro-
gram. 
(2) PUBLIC AVAILABILITY.—The Assistant Sec-
retary shall make each report submitted under para-
graph (1)(A) publicly available in an online format 
that— 
(A) facilitates access and ease of use; 
(B) is searchable; and 
(C) is accessible— 
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(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 agree-
ments, and other arrangements with Federal agencies, 
public and private organizations, and other entities with 
expertise that the Assistant Secretary determines appro-
priate in order to— 
(1) evaluate the impact and efficacy of activities 
supported by grants awarded under the covered pro-
grams; 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 Devel-
opment; 
(3) the Secretary of Education; 
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(4) the Secretary of Labor; 
(5) the Secretary of Health and Human Serv-
ices; 
(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 Appa-
lachian Regional Commission; 
(14) State agencies and governors of States (or 
equivalent officials); 
(15) entities serving as administering entities 
for States under section 11201(b); 
(16) national, State, Tribal, and local organiza-
tions that conduct digital inclusion activities, pro-
mote digital equity, or provide digital literacy serv-
ices; 
(17) researchers, academics, and philanthropic 
organizations; and 
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(18) other agencies, organizations (including 
international organizations), entities (including enti-
ties with expertise in the fields of data collection, 
analysis and modeling, and evaluation), and commu-
nity stakeholders, as determined appropriate by the 
Assistant Secretary. 
(d) TECHNICAL SUPPORT AND ASSISTANCE.—The 
Assistant Secretary shall provide technical support and as-
sistance 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. 11204. 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 part. 
(2) ENFORCEMENT.—The Assistant Secretary 
shall effectuate paragraph (1) with respect to any 
program or activity described in that paragraph by 
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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 para-
graph (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 
part 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 part, $1,000,000 
for fiscal year 2022, and such amount is authorized to 
remain available through fiscal year 2026. 
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Subtitle 
B—Broadband 
Afford-
ability 
and 
Pricing 
Trans-
parency 
PART 1—BROADBAND AFFORDABILITY 
SEC. 12101. AUTHORIZATION FOR ADDITIONAL FUNDS FOR 
THE EMERGENCY BROADBAND CONNECTIV-
ITY FUND. 
There are authorized to be appropriated to the Emer-
gency 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 pur-
poses described in paragraph (3) of such subsection, and 
such amount is authorized to remain available through fis-
cal year 2026. 
SEC. 12102. GRANTS TO STATES TO STRENGTHEN NA-
TIONAL 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 ap-
propriated 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 en-
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tity 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 ben-
efit 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 Eligi-
bility 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 Ap-
propriations Act, 2021 (Public Law 116–260). 
(c) DISBURSEMENT OF GRANT FUNDS.—Not later 
than 60 days after the program established under sub-
section (a) is established, funds provided under each grant 
made under such subsection shall be disbursed to the enti-
ty receiving such grant. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $200,000,000 for fiscal 
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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. 12103. FEDERAL COORDINATION BETWEEN NATIONAL 
ELIGIBILITY VERIFIER AND NATIONAL ACCU-
RACY 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 connec-
tion, to the maximum extent practicable, between the Na-
tional Lifeline Eligibility Verifier and the National Accu-
racy 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. 12104. DEFINITIONS. 
In this part: 
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(1) 
AUTOMATED
CONNECTION.—The 
term 
‘‘automated connection’’ means a connection be-
tween 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, vil-
lage, community, component band, or compo-
nent reservation, individually recognized (in-
cluding parenthetically) in the list published 
most recently as of the date of enactment of 
this Act pursuant to section 104 of the Feder-
ally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 5131). 
(B) The Department of Hawaiian Home 
Lands. 
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PART 2—ADDITIONAL AUTHORIZATION FOR 
EMERGENCY CONNECTIVITY FUND 
SEC. 12201. ADDITIONAL AUTHORIZATION FOR EMER-
GENCY CONNECTIVITY FUND. 
There is authorized to be appropriated to the Emer-
gency 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 de-
scribed in such section, and such amount is authorized to 
remain available through fiscal year 2026. 
PART 3—PRICING TRANSPARENCY 
SEC. 12301. DEFINITIONS. 
In this part: 
(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 inter-
net access service that serves end users primarily at 
fixed endpoints through stationary equipment con-
nected by the use of radio, such as by the use of un-
licensed spectrum. 
(3) MOBILE BROADBAND.—The term ‘‘mobile 
broadband’’— 
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(A) means broadband internet access serv-
ice that serves end users primarily using mobile 
stations; 
(B) includes services that use smartphones 
or mobile network-enabled tablets as the pri-
mary 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 ‘‘sat-
ellite 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 pri-
marily at fixed endpoints through stationary equip-
ment connected by wired technology such as cable, 
DSL, and fiber. 
SEC. 12302. BROADBAND TRANSPARENCY. 
(a) RULES.— 
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(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Commis-
sion shall issue final rules that include a require-
ment 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 Commis-
sion, in order to meet a requirement of this section, 
to duplicate an activity that the Commission is un-
dertaking 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 Com-
mission discloses such activity to the public. 
(b) CONTENT OF RULES.—The rules issued by the 
Commission under subsection (a)(1) shall require the 
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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 ac-
cess service plan or tier of standalone broadband 
internet access service, including mandatory equip-
ment charges, usage-based fees, and fees for early 
termination of required contracts, or the monthly 
price charged to each subscribed household, includ-
ing 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 inter-
net access service plan or tier of standalone 
broadband internet access service, including manda-
tory equipment charges, usage-based fees, and fees 
for early termination of required contracts, or the 
mean monthly price within the duration of subscrip-
tion contracts offered to each household, including 
such charges and fees; 
(3) either the subscription rate within each cen-
sus block for each distinct broadband internet access 
service plan or tier of standalone broadband internet 
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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 re-
cipients to ensure that the broadband service build-
out 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 require-
ments for funding recipients and that identify, at a 
minimum, the nature of the service provided in each 
area for any system of competitive bidding author-
ized 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; 
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‘‘(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 com-
petitive 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 pre-
vious 6 months that reviews the program. Such re-
port 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 re-
port to the Commission on how such funds were 
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cations capability, such State or local entity 
shall apply its ordinances and rules without dis-
crimination in favor of such public-private part-
nership provider or any provider that such 
State or local entity or public-private partner-
ship provider owns of services that utilize ad-
vanced telecommunications capability. 
‘‘(3) SAVINGS CLAUSE.—Nothing in this sub-
section shall exempt a public provider, public-private 
partnership provider, or cooperatively organized pro-
vider from any Federal or State telecommunications 
law or regulation that applies to all providers of ad-
vanced telecommunications capability or services 
that utilize such advanced telecommunications capa-
bility.’’; 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 
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efficiency retrofit that is projected, using modeling 
software approved by the Secretary, to reduce home 
energy use by at least 20 percent. 
(2) AMOUNT.— 
(A) IN GENERAL.—Except as provided in 
section 32324, and subject to subparagraph 
(B), the amount of a modeled performance re-
bate provided under a State program shall be 
equal to 50 percent of the cost of the applicable 
energy audit of a home and home energy effi-
ciency retrofit, including the cost of diagnostic 
procedures, labor, reporting, and modeling. 
(B) LIMITATION.—Except as provided in 
section 32324, with respect to an energy audit 
and home energy efficiency retrofit that is pro-
jected to reduce home energy use by— 
(i) at least 20 percent, but less than 
40 percent, the maximum amount of a 
modeled performance rebate shall be 
$2,000; and 
(ii) at least 40 percent, the maximum 
amount of a modeled performance rebate 
shall be $4,000. 
(e) MEASURED PERFORMANCE REBATES.— 
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