2028 
† HR 3684 EAS 
ance with subsection (h)(1)(A)(i); 
and 
(bb) align the grant funds al-
located to the eligible entity under 
subsection (c), where practicable, 
with the use of other funds that 
the eligible entity receives from 
the Federal Government, a State, 
or a private entity for related 
purposes; 
(II) a timeline for implementa-
tion; 
(III) processes for oversight and 
accountability to ensure the proper use 
of the grant funds allocated to the eli-
gible entity under subsection (c); and 
(IV) a description of coordination 
with local governments, along with 
local and regional broadband planning 
processes. 
(ii) LOCAL COORDINATION.— 
(I) IN
GENERAL.—The Assistant 
Secretary shall establish local coordi-
nation requirements for eligible entities
2029 
† HR 3684 EAS 
to follow, to the greatest extent prac-
ticable. 
(II) REQUIREMENTS.— The local 
coordination requirements established 
under subclause (I) shall include, at 
minimum, an opportunity for political 
subdivisions of an eligible entity to— 
(aa) submit plans for consid-
eration by the eligible entity; and 
(bb) comment on the final 
proposal of the eligible entity be-
fore the final proposal is sub-
mitted to the Assistant Secretary. 
(iii) FEDERAL COORDINATION.—To en-
sure efficient and effective use of taxpayer 
funds, an eligible entity shall, to the great-
est extent practicable, align the use of grant 
funds proposed in the final proposal under 
clause (i) with funds available from other 
Federal programs that support broadband 
deployment and access. 
(B) SINGLE FINAL PROPOSAL.—An eligible 
entity may submit only 1 final proposal under 
this paragraph.
2030 
† HR 3684 EAS 
(C) CORRECTIONS TO FINAL PROPOSAL.— 
The Assistant Secretary may accept corrections 
to the final proposal of an eligible entity after 
the final proposal has been submitted. 
(D) CONSIDERATION OF FINAL PROPOSAL.— 
After receipt of a final proposal for a grant 
under this paragraph, the Assistant Secretary— 
(i) shall acknowledge receipt; 
(ii) if the final proposal is complete— 
(I) shall determine whether the 
use of funds proposed in the final pro-
posal— 
(aa) complies with subsection 
(f); 
(bb) is in the public interest; 
and 
(cc) effectuates the purposes 
of this Act; 
(II) shall approve or disapprove 
the final proposal based on the deter-
minations under subclause (I); and 
(III) if the Assistant Secretary 
approves the final proposal under 
clause (ii)(II), shall make available to 
the eligible entity the remainder of the
2031 
† HR 3684 EAS 
grant funds allocated to the eligible en-
tity under subsection (c); and 
(iii) if the final proposal is incomplete, 
or is disapproved under clause (ii)(II), shall 
notify the eligible entity and provide the eli-
gible entity with an opportunity to resub-
mit the final proposal. 
(E) 
CONSIDERATION
OF
RESUBMITTED 
FINAL PROPOSAL.—After receipt of a resubmitted 
final proposal for a grant under this paragraph, 
the Assistant Secretary— 
(i) shall acknowledge receipt; 
(ii) if the final proposal is complete— 
(I) shall determine whether the 
use of funds proposed in the final pro-
posal— 
(aa) complies with subsection 
(f); 
(bb) is in the public interest; 
and 
(cc) effectuates the purposes 
of this Act; 
(II) shall approve or disapprove 
the final proposal based on the deter-
minations under subclause (I); and
2032 
† HR 3684 EAS 
(III) if the Assistant Secretary 
approves the final proposal under 
clause (ii)(II), shall make available to 
the eligible entity the remainder of the 
grant funds allocated to the eligible en-
tity under subsection (c); and 
(iii) if the final proposal is incomplete, 
or is disapproved under clause (ii)(II), shall 
notify the eligible entity and provide the eli-
gible entity with an opportunity to resub-
mit the final proposal. 
(f) USE OF FUNDS.—An eligible entity may use grant 
funds received under this section to competitively award 
subgrants for— 
(1) unserved service projects and underserved 
service projects; 
(2) connecting eligible community anchor insti-
tutions; 
(3) data collection, broadband mapping, and 
planning; 
(4) installing internet and Wi-Fi infrastructure 
or providing reduced-cost broadband within a multi- 
family residential building, with priority given to a 
residential building that—
2033 
† HR 3684 EAS 
(A) has a substantial share of unserved 
households; or 
(B) is in a location in which the percentage 
of individuals with a household income that is at 
or below 150 percent of the poverty line applica-
ble to a family of the size involved (as deter-
mined under section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2)) is 
higher than the national percentage of such indi-
viduals; 
(5) broadband adoption, including programs to 
provide affordable internet-capable devices; and 
(6) any use determined necessary by the Assist-
ant Secretary to facilitate the goals of the Program. 
(g) GENERAL PROGRAM REQUIREMENTS.— 
(1) SUBGRANTEE OBLIGATIONS.—A subgrantee, 
in carrying out activities using amounts received 
from an eligible entity under this section— 
(A) shall adhere to quality-of-service stand-
ards, as established by the Assistant Secretary; 
(B) shall comply with prudent cybersecurity 
and supply chain risk management practices, as 
specified by the Assistant Secretary, in consulta-
tion with the Director of the National Institute
2034 
† HR 3684 EAS 
of Standards and Technology and the Commis-
sion; 
(C) shall incorporate best practices, as de-
fined by the Assistant Secretary, for ensuring re-
liability and resilience of broadband infrastruc-
ture; and 
(D) may not use the amounts to purchase 
or support— 
(i) any covered communications equip-
ment or service, as defined in section 9 of 
the Secure and Trusted Communications 
Networks Act of 2019 (47 U.S.C. 1608); or 
(ii) fiber optic cable and optical trans-
mission equipment manufactured in the 
People’s Republic of China, except that the 
Assistant Secretary may waive the applica-
tion of this clause with respect to a project 
if the eligible entity that awards a subgrant 
for the project shows that such application 
would unreasonably increase the cost of the 
project. 
(2) ELIGIBLE ENTITY OBLIGATIONS.—In distrib-
uting funds to subgrantees under this section, an eli-
gible entity shall—
2035 
† HR 3684 EAS 
(A) ensure that any prospective sub-
grantee— 
(i) is capable of carrying out activities 
funded by the subgrant in a competent 
manner in compliance with all applicable 
Federal, State, and local laws; 
(ii) has the financial and managerial 
capacity to meet— 
(I) the commitments of the sub-
grantee under the subgrant; 
(II) the requirements of the Pro-
gram; and 
(III) such requirements as may be 
further prescribed by the Assistant Sec-
retary; and 
(iii) has the technical and operational 
capability to provide the services promised 
in the subgrant in the manner contemplated 
by the subgrant award; 
(B) stipulate, in any contract with a sub-
grantee for the use of such funds, reasonable pro-
visions for recovery of funds for nonperformance; 
and 
(C)(i) distribute the funds in an equitable 
and non-discriminatory manner; and
2036 
† HR 3684 EAS 
(ii) ensure, through a stipulation in any 
contract with a subgrantee for the use of such 
funds, that each subgrantee uses the funds in an 
equitable and nondiscriminatory manner. 
(3) DEOBLIGATION OF AWARDS; INTERNET DIS-
CLOSURE.—The Assistant Secretary— 
(A) shall establish, in coordination with rel-
evant Federal and State partners, appropriate 
mechanisms to ensure appropriate use of funds 
made available under this section; 
(B) may, in addition to other authority 
under applicable law— 
(i) deobligate grant funds awarded to 
an eligible entity that— 
(I) violates paragraph (2); or 
(II) demonstrates an insufficient 
level of performance, or wasteful or 
fraudulent spending, as defined in ad-
vance by the Assistant Secretary; and 
(ii) award grant funds that are 
deobligated under clause (i) to new or exist-
ing applicants consistent with this section; 
and 
(C) shall create and maintain a fully 
searchable database, accessible on the internet at
2037 
† HR 3684 EAS 
no cost to the public, that contains information 
sufficient to allow the public to understand and 
monitor grants and subgrants awarded under the 
Program. 
(h) BROADBAND NETWORK DEPLOYMENT.— 
(1) ORDER OF AWARDS; PRIORITY.— 
(A) IN
GENERAL.—An eligible entity, in 
awarding subgrants for the deployment of a 
broadband network using grant funds received 
under this section, as authorized under sub-
section (f)(1)— 
(i) shall award funding in a manner 
that— 
(I) prioritizes unserved service 
projects; 
(II) after certifying to the Assist-
ant Secretary that the eligible entity 
will ensure coverage of broadband serv-
ice to all unserved locations within the 
eligible entity, prioritizes underserved 
service projects; and 
(III) after prioritizing under-
served service projects, provides fund-
ing to connect eligible community an-
chor institutions;
2038 
† HR 3684 EAS 
(ii) in providing funding under sub-
clauses (I), (II), and (III) of clause (i), 
shall prioritize funding for deployment of 
broadband 
infrastructure 
for 
priority 
broadband projects; 
(iii) may not exclude cooperatives, 
nonprofit 
organizations, 
public-private 
partnerships, private companies, public or 
private utilities, public utility districts, or 
local governments from eligibility for such 
grant funds; and 
(iv) shall give priority to projects 
based on— 
(I) deployment of a broadband 
network to persistent poverty counties 
or high-poverty areas; 
(II) the speeds of the proposed 
broadband service; 
(III) the expediency with which a 
project can be completed; and 
(IV) a demonstrated record of and 
plans to be in compliance with Federal 
labor and employment laws. 
(B) 
AUTHORITY
OF
ASSISTANT
SEC-
RETARY.—The Assistant Secretary may provide
2039 
† HR 3684 EAS 
additional guidance on the prioritization of sub-
grants awarded for the deployment of a 
broadband network using grant funds received 
under this section. 
(2) CHALLENGE PROCESS.— 
(A) IN GENERAL.—After submitting an ini-
tial proposal under subsection (e)(3) and before 
allocating grant funds received under this section 
for the deployment of broadband networks, an el-
igible entity shall ensure a transparent, evidence- 
based, and expeditious challenge process under 
which a unit of local government, nonprofit or-
ganization, or other broadband service provider 
can challenge a determination made by the eligi-
ble entity in the initial proposal as to whether 
a particular location or community anchor in-
stitution within the jurisdiction of the eligible 
entity is eligible for the grant funds, including 
whether a particular location is unserved or un-
derserved. 
(B) FINAL
IDENTIFICATION; NOTIFICATION 
OF FUNDING ELIGIBILITY.—After resolving each 
challenge under subparagraph (A), and not later 
than 60 days before allocating grant funds re-
ceived under this section for the deployment of
2040 
† HR 3684 EAS 
broadband networks, an eligible entity shall pro-
vide public notice of the final classification of 
each unserved location, underserved location, or 
eligible community anchor institution within the 
jurisdiction of the eligible entity. 
(C) CONSULTATION WITH NTIA.—An eligible 
entity shall notify the Assistant Secretary of any 
modification to the initial proposal of the eligible 
entity submitted under subsection (e)(3) that is 
necessitated by a successful challenge under sub-
paragraph (A) of this paragraph. 
(D) NTIA AUTHORITY.—The Assistant Sec-
retary— 
(i) may modify the challenge process 
required under subparagraph (A) as nec-
essary; and 
(ii) may reverse the determination of 
an eligible entity with respect to the eligi-
bility of a particular location or commu-
nity anchor institution for grant funds 
under this section. 
(E) EXPEDITING BROADBAND DATA COLLEC-
TION ACTIVITIES.— 
(i) DEADLINE
FOR
RESOLUTION
OF 
CHALLENGE
PROCESS
UNDER
BROADBAND
2041 
† HR 3684 EAS 
DATA ACT.—Section 802(b)(5)(C)(i) of the 
Communications Act of 1934 (47 U.S.C. 
642(b)(5)(C)(i)) is amended by striking 
‘‘challenges’’ and inserting the following: 
‘‘challenges, which shall require that the 
Commission resolve a challenge not later 
than 90 days after the date on which a final 
response by a provider to a challenge to the 
accuracy of a map or information described 
in subparagraph (A) is complete’’. 
(ii) PAPERWORK REDUCTION ACT EX-
EMPTION EXPANSION.—Section 806(b) of the 
Communications Act of 1934 (47 U.S.C. 
646(b)) is amended by striking ‘‘the initial 
rule 
making 
required 
under 
section 
802(a)(1)’’ and inserting ‘‘any rule making 
or other action by the Commission required 
under this title’’. 
(iii) IMPLEMENTATION.—The Commis-
sion shall implement the amendments made 
by this subparagraph as soon as possible 
after the date of enactment of this Act. 
(3) NON-FEDERAL SHARE OF BROADBAND INFRA-
STRUCTURE DEPLOYMENT COSTS.— 
(A) IN GENERAL.—
2042 
† HR 3684 EAS 
(i) MATCHING REQUIREMENT.—In al-
locating grant funds received under this sec-
tion for deployment of broadband networks, 
an eligible entity shall provide, or require a 
subgrantee to provide, a contribution, de-
rived from non-Federal funds (or funds 
from a Federal regional commission or au-
thority), except in high-cost areas or as oth-
erwise provided by this Act, of not less than 
25 percent of project costs. 
(ii) WAIVER.—Upon request by an eli-
gible entity or a subgrantee, the Assistant 
Secretary may reduce or waive the required 
matching contribution under clause (i). 
(B) SOURCE OF MATCH.—A matching con-
tribution under subparagraph (A)— 
(i) may be provided by an eligible en-
tity, a unit of local government, a utility 
company, a cooperative, a nonprofit organi-
zation, a for-profit company, regional plan-
ning or governmental organization, a Fed-
eral regional commission or authority, or 
any combination thereof; 
(ii) may include in-kind contributions; 
and
2043 
† HR 3684 EAS 
(iii) may include funds that were pro-
vided to an eligible entity or a subgrantee— 
(I) under— 
(aa) 
the 
Families 
First 
Coronavirus Response Act (Public 
Law 116–127; 134 Stat. 178); 
(bb) the CARES Act (Public 
Law 116–136; 134 Stat. 281); 
(cc) the Consolidated Appro-
priations Act, 2021 (Public Law 
116–260; 134 Stat. 1182); 
(dd) the American Rescue 
Plan Act of 2021 (Public Law 
117–2; 135 Stat. 4); or 
(ee) any amendment made 
by an Act described in any of 
items (aa) through (dd); and 
(II) for the purpose of deployment 
of broadband service, as described in 
the applicable provision of law de-
scribed in subclause (I). 
(C) DEFINITION.—For purposes of this 
paragraph, the term ‘‘Federal regional commis-
sion or authority’’ means—
2044 
† HR 3684 EAS 
(i) the Appalachian Regional Commis-
sion; 
(ii) the Delta Regional Authority; 
(iii) the Denali Commission; and 
(iv) the Northern Border Regional 
Commission. 
(4) DEPLOYMENT AND PROVISION OF SERVICE 
REQUIREMENTS.—An entity that receives a subgrant 
under subsection (f)(1) for the deployment of a 
broadband network— 
(A) in providing broadband service using 
the network— 
(i) shall provide broadband service— 
(I) at a speed of not less than 100 
megabits per second for downloads and 
20 megabits per second for uploads; 
(II) with a latency that is suffi-
ciently low to allow reasonably foresee-
able, real-time, interactive applica-
tions; and 
(III) with network outages that do 
not exceed, on average, 48 hours over 
any 365-day period; and
2045 
† HR 3684 EAS 
(ii) shall provide access to broadband 
service to each customer served by the 
project that desires broadband service; 
(B) shall offer not less than 1 low-cost 
broadband service option for eligible subscribers, 
as those terms are defined in paragraph (5) of 
this subsection; 
(C) shall deploy the broadband network and 
begin providing broadband service to each cus-
tomer that desires broadband service not later 
than 4 years after the date on which the entity 
receives the subgrant, except that an eligible enti-
ty may extend the deadline under this subpara-
graph if— 
(i) the eligible entity has a plan for use 
of the grant funds; 
(ii) the construction project is under-
way; or 
(iii) extenuating circumstances require 
an extension of time to allow the project to 
be completed; 
(D) for any project that involves laying 
fiber optic cables or conduit underground or 
along a roadway, shall include interspersed con-
duit access points at regular and short intervals;
2046 
† HR 3684 EAS 
(E) may use the subgrant to deploy 
broadband infrastructure in or through any area 
required to reach interconnection points or other-
wise to ensure the technical feasibility and fi-
nancial sustainability of a project providing 
broadband service to an unserved location, un-
derserved location, or eligible community anchor 
institution; 
(F) once the network has been deployed, 
shall provide public notice, online and through 
other means, of that fact to the locations and 
areas to which broadband service has been pro-
vided and share the public notice with the eligi-
ble entity that awarded the subgrant; 
(G) shall carry out public awareness cam-
paigns in service areas that are designed to high-
light the value and benefits of broadband service 
in order to increase the adoption of broadband 
service by consumers; and 
(H) if the entity is no longer able to provide 
broadband service to the locations covered by the 
subgrant at any time, shall sell the network ca-
pacity at a reasonable, wholesale rate on a non-
discriminatory basis to other broadband service 
providers or public sector entities.
2047 
† HR 3684 EAS 
(5) LOW-COST BROADBAND SERVICE OPTION.— 
(A) DEFINITIONS.—In this paragraph— 
(i) the term ‘‘eligible subscriber’’ shall 
have the meaning given the term by the As-
sistant Secretary for purposes of this para-
graph; and 
(ii) the term ‘‘low-cost broadband serv-
ice option’’ shall be defined by an eligible 
entity for subgrantees of the eligible entity 
in accordance with subparagraph (B). 
(B) 
DEFINING
‘‘LOW-COST
BROADBAND 
SERVICE OPTION’’.— 
(i) PROPOSAL.—An eligible entity shall 
submit to the Assistant Secretary for ap-
proval, in the final proposal of the eligible 
entity submitted under subsection (e)(4), a 
proposed definition of ‘‘low-cost broadband 
service option’’ that shall apply to sub-
grantees of the eligible entity for purposes of 
the requirement under paragraph (4)(B) of 
this subsection. 
(ii) CONSULTATION.—An eligible enti-
ty shall consult with the Assistant Secretary 
and prospective subgrantees regarding a 
proposed definition of ‘‘low-cost broadband
2048 
† HR 3684 EAS 
service option’’ before submitting the pro-
posed definition to the Assistant Secretary 
under clause (i). 
(iii) APPROVAL
OF
ASSISTANT
SEC-
RETARY.— 
(I) IN GENERAL.—A proposed def-
inition of ‘‘low-cost broadband service 
option’’ submitted by an eligible entity 
under clause (i) shall not take effect 
until the Assistant Secretary approves 
the final proposal of the eligible entity 
submitted under subsection (e)(4), in-
cluding approval of the proposed defi-
nition of ‘‘low-cost broadband service 
option’’. 
(II) RESUBMISSION.—If the As-
sistant Secretary does not approve a 
proposed 
definition 
of 
‘‘low-cost 
broadband service option’’ submitted 
by an eligible entity under clause (i), 
the Assistant Secretary shall— 
(aa) notify the eligible entity 
and provide the eligible entity 
with an opportunity to resubmit 
the final proposal, as provided in
2049 
† HR 3684 EAS 
subsection (e)(4), with an im-
proved definition of ‘‘low-cost 
broadband service option’’; and 
(bb) provide the eligible enti-
ty with instructions on how to 
cure the defects in the proposed 
definition. 
(iv) PUBLIC
DISCLOSURE.—After the 
Assistant Secretary approves the final pro-
posal of an eligible entity under subsection 
(e)(4), and before the Assistant Secretary 
disburses any funds to the eligible entity 
based on that approval, the Assistant Sec-
retary shall publicly disclose the eligible en-
tity’s definition of ‘‘low-cost broadband 
service option’’. 
(C) NONPERFORMANCE.—The Assistant Sec-
retary shall develop procedures under which the 
Assistant Secretary or an eligible entity may— 
(i) evaluate the compliance of a sub-
grantee with the requirement under para-
graph (4)(B); and 
(ii) take corrective action, including 
recoupment of funds from the subgrantee,
2050 
† HR 3684 EAS 
for noncompliance with the requirement 
under paragraph (4)(B). 
(D) NO
REGULATION
OF
RATES
PER-
MITTED.—Nothing in this title may be construed 
to authorize the Assistant Secretary or the Na-
tional Telecommunications and Information Ad-
ministration to regulate the rates charged for 
broadband service. 
(E) GUIDANCE.—The Assistant Secretary 
may issue guidance to eligible entities to carry 
out the purposes of this paragraph. 
(6) RETURN OF FUNDS.—An entity that receives 
a subgrant from an eligible entity under subsection 
(f) and fails to comply with any requirement under 
this subsection shall return up to the entire amount 
of the subgrant to the eligible entity, at the discretion 
of the eligible entity or the Assistant Secretary. 
(i) REGULATIONS.—The Assistant Secretary may issue 
such regulations or other guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry 
out the programs, projects, or activities authorized under 
this section, including to ensure that those programs, 
projects, or activities are completed in a timely and effective 
manner. 
(j) REPORTING.—
2051 
† HR 3684 EAS 
(1) ELIGIBLE ENTITIES.— 
(A) INITIAL
REPORT.—Not later than 90 
days after receiving grant funds under this sec-
tion, for the sole purposes of providing trans-
parency and providing information to inform 
future Federal broadband planning, an eligible 
entity shall submit to the Assistant Secretary a 
report that— 
(i) describes the planned and actual 
use of funds; 
(ii) describes the planned and actual 
process of subgranting; 
(iii) identifies the establishment of ap-
propriate mechanisms by the eligible entity 
to ensure that all subgrantees of the eligible 
entity comply with the eligible uses pre-
scribed under subsection (f); and 
(iv) includes any other information re-
quired by the Assistant Secretary. 
(B) SEMIANNUAL REPORT.—Not later than 
1 year after receiving grant funds under this sec-
tion, and semiannually thereafter until the funds 
have been expended, an eligible entity shall sub-
mit to the Assistant Secretary a report, with re-
2052 
† HR 3684 EAS 
spect to the 6-month period immediately pre-
ceding the report date, that— 
(i) describes how the eligible entity ex-
pended the grant funds; 
(ii) describes each service provided 
with the grant funds; 
(iii) describes the number of locations 
at which broadband service was made avail-
able using the grant funds, and the number 
of those locations at which broadband serv-
ice was utilized; and 
(iv) certifies that the eligible entity 
complied with the requirements of this sec-
tion and with any additional reporting re-
quirements prescribed by the Assistant Sec-
retary. 
(C) FINAL REPORT.—Not later than 1 year 
after an eligible entity has expended all grant 
funds received under this section, the eligible en-
tity shall submit to the Assistant Secretary a re-
port that— 
(i) describes how the eligible entity ex-
pended the funds; 
(ii) describes each service provided 
with the grant funds;
2053 
† HR 3684 EAS 
(iii) describes the number of locations 
at which broadband service was made avail-
able using the grant funds, and the number 
of those locations at which broadband serv-
ice was utilized; 
(iv) includes each report that the eligi-
ble entity received from a subgrantee under 
paragraph (2); and 
(v) certifies that the eligible entity 
complied with the requirements of this sec-
tion and with any additional reporting re-
quirements prescribed by the Assistant Sec-
retary. 
(D) PROVISION TO FCC AND USDA.—Subject 
to section 904(b)(2) of division FF of the Con-
solidated Appropriations Act, 2021 (Public Law 
116–260) (relating to an interagency agreement), 
the Assistant Secretary shall coordinate with the 
Commission and the Department of Agriculture, 
including providing the final reports received 
under subparagraph (C) to the Commission and 
the Department of Agriculture to be used when 
determining whether to award funds for the de-
ployment of broadband under any program ad-
ministered by those agencies.
2054 
† HR 3684 EAS 
(E) FEDERAL
AGENCY
REPORTING
RE-
QUIREMENT.— 
(i) DEFINITIONS.—In this subpara-
graph, the terms ‘‘agency’’ and ‘‘Federal 
broadband support program’’ have the 
meanings given those terms in section 903 
of division FF of the Consolidated Appro-
priations Act, 2021 (Public Law 116–260) 
(also 
known 
as 
the 
‘‘ACCESS 
BROADBAND Act’’). 
(ii) REQUIREMENT.—An agency that 
offers a Federal broadband support program 
shall provide data to the Assistant Sec-
retary, in a manner and format prescribed 
by the Assistant Secretary, to promote co-
ordination of efforts to track construction 
and use of broadband infrastructure. 
(2) SUBGRANTEES.— 
(A) SEMIANNUAL REPORT.—The recipient of 
a subgrant from an eligible entity under this sec-
tion shall submit to the eligible entity a semi-
annual report for the duration of the subgrant to 
track the effectiveness of the use of funds pro-
vided.
2055 
† HR 3684 EAS 
(B) CONTENTS.—Each report submitted 
under subparagraph (A) shall— 
(i) describe each type of project carried 
out using the subgrant and the duration of 
the subgrant; 
(ii) in the case of a broadband infra-
structure project— 
(I) include a list of addresses or 
locations that constitute the service lo-
cations that will be served by the 
broadband infrastructure to be con-
structed; 
(II) identify whether each address 
or location described in subclause (I) is 
residential, commercial, or a commu-
nity anchor institution; 
(III) describe the types of facili-
ties that have been constructed and in-
stalled; 
(IV) describe the peak and off- 
peak actual speeds of the broadband 
service being offered; 
(V) describe the maximum adver-
tised speed of the broadband service 
being offered;
2056 
† HR 3684 EAS 
(VI) describe the non-promotional 
prices, including any associated fees, 
charged for different tiers of broadband 
service being offered; 
(VII) include any other data that 
would be required to comply with the 
data and mapping collection standards 
of 
the 
Commission 
under 
section 
1.7004 of title 47, Code of Federal Reg-
ulations, or any successor regulation, 
for broadband infrastructure projects; 
and 
(VIII) comply with any other rea-
sonable reporting requirements deter-
mined by the eligible entity or the As-
sistant Secretary; and 
(iii) certify that the information in the 
report is accurate. 
(3) STANDARDIZATION AND COORDINATION.—The 
Assistant Secretary and the Commission shall collabo-
rate to— 
(A) standardize and coordinate reporting of 
locations at which broadband service was pro-
vided using grant funds received under this sec-
tion in accordance with title VIII of the Commu-
2057 
† HR 3684 EAS 
nications Act of 1934 (47 U.S.C. 641 et seq.); 
and 
(B) provide a standardized methodology to 
recipients of grants and subgrantees under this 
section for reporting the information described in 
subparagraph (A). 
(4) INFORMATION
ON
BROADBAND
SUBSIDIES 
AND LOW-INCOME PLANS.— 
(A) ESTABLISHMENT
OF
WEBSITE.—Not 
later than 2 years after the date of enactment of 
this Act, the Assistant Secretary, in consultation 
with the Commission, shall establish a publicly 
available website that— 
(i) allows a consumer to determine, 
based on financial information entered by 
the consumer, whether the consumer is eligi-
ble— 
(I) to receive a Federal or State 
subsidy with respect to broadband serv-
ice; or 
(II) for a low-income plan with 
respect to broadband service; and 
(ii) contains information regarding 
how to apply for the applicable benefit de-
scribed in clause (i).
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(B) PROVISION OF DATA.—A Federal entity, 
State entity receiving Federal funds, or provider 
of broadband service that offers a subsidy or low- 
income plan, as applicable, with respect to 
broadband service shall provide data to the As-
sistant Secretary in a manner and format as es-
tablished by the Assistant Secretary as necessary 
for the Assistant Secretary to carry out subpara-
graph (A). 
(k) RELATION
TO OTHER PUBLIC FUNDING.—Not-
withstanding any other provision of law— 
(1) an entity that has received amounts from the 
Federal Government or a State or local government 
for the purpose of expanding access to broadband 
service may receive a subgrant under subsection (f) in 
accordance with this section; and 
(2) the receipt of a subgrant under subsection (f) 
by an entity described in paragraph (1) of this sub-
section shall not affect the eligibility of the entity to 
receive the amounts from the Federal Government or 
a State or local government described in that para-
graph. 
(l) SUPPLEMENT
NOT
SUPPLANT.—Grant funds 
awarded to an eligible entity under this section shall be 
used to supplement, and not supplant, the amounts that
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the eligible entity would otherwise make available for the 
purposes for which the grant funds may be used. 
(m) SENSE
OF CONGRESS REGARDING FEDERAL 
AGENCY COORDINATION.—It is the sense of Congress that 
Federal agencies responsible for supporting broadband de-
ployment, including the Commission, the Department of 
Commerce, and the Department of Agriculture, to the extent 
possible, should align the goals, application and reporting 
processes, and project requirements with respect to 
broadband deployment supported by those agencies. 
(n) JUDICIAL REVIEW.— 
(1) IN
GENERAL.—The United States District 
Court for the District of Columbia shall have exclusive 
jurisdiction to review a decision of the Assistant Sec-
retary made under this section. 
(2) STANDARD
OF
REVIEW.—In carrying out 
any review described in paragraph (1), the court shall 
affirm the decision of the Assistant Secretary unless— 
(A) the decision was procured by corrup-
tion, fraud, or undue means; 
(B) there was actual partiality or corrup-
tion in the Assistant Secretary; or 
(C) the Assistant Secretary was guilty of— 
(i) misconduct in refusing to review 
the administrative record; or
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(ii) any other misbehavior by which 
the rights of any party have been preju-
diced. 
(o) EXEMPTION FROM CERTAIN LAWS.—Any action 
taken or decision made by the Assistant Secretary under 
this section shall be exempt from the requirements of— 
(1) section 3506 of title 44, United States Code 
(commonly referred to as the ‘‘Paperwork Reduction 
Act’’); 
(2) chapter 5 or 7 of title 5, United States Code 
(commonly referred to as the ‘‘Administrative Proce-
dures Act’’); and 
(3) chapter 6 of title 5, United States Code (com-
monly referred to as the ‘‘Regulatory Flexibility 
Act’’). 
SEC. 60103. BROADBAND DATA MAPS. 
(a) DEFINITION.—In this section, the term ‘‘Commis-
sion’’ means the Federal Communications Commission. 
(b) PROVISION OF INFORMATION.—A broadband pro-
vider shall provide the Commission with any information, 
in the format, type, or specification requested by the Com-
mission, necessary to augment the collection of data by the 
Commission under— 
(1) title VIII of the Communications Act of 1934 
(47 U.S.C. 641 et seq.); or
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(2) the Form 477 data collection program. 
(c) NOTICE OF INITIAL BROADBAND DATA COLLEC-
TION FILING DEADLINE.—The Commission— 
(1) shall provide notice to broadband providers 
not later than 60 days before the initial deadline for 
submission of data under section 802(a)(1)(A) of the 
Communications 
Act 
of 
1934 
(47 
U.S.C. 
642(a)(1)(A)); and 
(2) notwithstanding any prior decision of the 
Commission to the contrary, shall not be required to 
provide notice not later than 6 months before the ini-
tial deadline described in paragraph (1). 
(d) AVAILABILITY OF CENSUS DATA.— 
(1) IN GENERAL.—Section 802(b)(1) of the Com-
munications Act of 1934 (47 U.S.C. 802(b)(1)) is 
amended by adding at the end the following: 
‘‘(D) AVAILABILITY OF CENSUS DATA.—The 
Secretary of Commerce shall submit to the Com-
mission, for inclusion in the Fabric, a count of 
the aggregate number of housing units in each 
census block, as collected by the Bureau of the 
Census.’’. 
(2) PROVISION
OF
UPDATED
2020
CENSUS 
DATA.—Not later than 30 days after receiving a re-
quest from the Commission, the Secretary of Com-
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merce, in implementing the amendment made by 
paragraph (1), shall provide the Commission with a 
count of the aggregate number of housing units in 
each census block, as collected during the 2020 decen-
nial census of population. 
(e) PUBLICATION OF BROADBAND DATA MAPS ON 
INTERNET.—Section 802(c)(6) of the Communications Act 
of 1934 (47 U.S.C. 642(c)(6)) is amended, in the matter 
preceding paragraph (6), by inserting ‘‘, including on a 
publicly available website,’’ after ‘‘make public’’. 
SEC. 60104. REPORT ON FUTURE OF UNIVERSAL SERVICE 
FUND. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Commission’’ means the Federal 
Communications Commission; and 
(2) the term ‘‘universal service goals for 
broadband’’ means the statutorily mandated goals of 
universal service for advanced telecommunications ca-
pability under section 706 of the Telecommunications 
Act of 1996 (47 U.S.C. 1302). 
(b) EVALUATION.—Not later than 30 days after the 
date of enactment of this Act, the Commission shall com-
mence a proceeding to evaluate the implications of this Act 
and the amendments made by this Act on how the Commis-
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sion should achieve the universal service goals for 
broadband. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 270 days after 
the date of enactment of this Act, the Commission 
shall submit to Congress a report on the options of the 
Commission for improving its effectiveness in achiev-
ing the universal service goals for broadband in light 
of this Act and the amendments made by this Act, 
and other legislation that addresses those goals. 
(2) RECOMMENDATIONS.—In the report sub-
mitted under paragraph (1), the Commission may 
make recommendations for Congress on further ac-
tions the Commission and Congress could take to im-
prove the ability of the Commission to achieve the 
universal service goals for broadband. 
(3) SCOPE OF UNIVERSAL SERVICE.—In submit-
ting the report under paragraph (1), the Commis-
sion— 
(A) may not in any way reduce the congres-
sional mandate to achieve the universal service 
goals for broadband; and 
(B) may provide recommendations for Con-
gress to expand the universal service goals for
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broadband, if the Commission believes such an 
expansion is in the public interest. 
SEC. 60105. BROADBAND DEPLOYMENT LOCATIONS MAP. 
(a) DEFINITIONS.—In this section: 
(1) BROADBAND
INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any cables, fiber 
optics, wiring, or other permanent (integral to the 
structure) infrastructure, including wireless infra-
structure, that— 
(A) is capable of providing access to inter-
net connections in individual locations; and 
(B) is an advanced telecommunications ca-
pability, as defined in section 706(d) of the Tele-
communications 
Act 
of 
1996 
(47 
U.S.C. 
1302(d)). 
(2) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Communications Commission. 
(3) DEPLOYMENT
LOCATIONS
MAP.—The term 
‘‘Deployment Locations Map’’ means the mapping 
tool required to be established under subsection (b). 
(b) ESTABLISHMENT
OF DEPLOYMENT LOCATIONS 
MAP.—Not later than 18 months after the date of enactment 
of this Act, the Commission shall, in consultation with all 
relevant Federal agencies, establish an online mapping tool 
to provide a locations overview of the overall geographic
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footprint of each broadband infrastructure deployment 
project funded by the Federal Government. 
(c) REQUIREMENTS.—The Deployment Locations Map 
shall be— 
(1) the centralized, authoritative source of infor-
mation on funding made available by the Federal 
Government for broadband infrastructure deployment 
in the United States; and 
(2) made publicly available on the website of the 
Commission. 
(d) FUNCTIONS.—In establishing the Deployment Lo-
cations Map, the Commission shall ensure that the Deploy-
ment Locations Map— 
(1) compiles data related to Federal funding for 
broadband infrastructure deployment provided by the 
Commission, the National Telecommunications and 
Information Administration, the Department of Agri-
culture, the Department of Health and Human Serv-
ices, the Department of the Treasury, the Department 
of Housing and Urban Development, the Institute of 
Museum and Library Sciences, and any other Federal 
agency that provides such data relating to broadband 
infrastructure deployment funding to the Commis-
sion, including funding under— 
(A) this Act;
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(B) the Coronavirus Aid, Relief, and Eco-
nomic Security Act (Public Law 116–136); 
(C) the Consolidated Appropriations Act, 
2021 (Public Law 116–260); 
(D) American Rescue Plan Act of 2021 
(Public Law 117–2); or 
(E) any Federal amounts appropriated or 
any Federal program authorized after the date of 
enactment of this Act to fund broadband infra-
structure deployment; 
(2) 
contains 
data, 
with 
respect 
to 
each 
broadband infrastructure deployment program, relat-
ing to— 
(A) the Federal agency of jurisdiction; 
(B) the program title; and 
(C) the network type, including wired, ter-
restrial fixed, wireless, mobile, and satellite 
broadband infrastructure deployment; 
(3) allows users to manipulate the Deployment 
Locations Map to identify, search, and filter 
broadband infrastructure deployment projects by— 
(A) company name; 
(B) duration timeline, including the dates 
of a project’s beginning and ending, or antici-
pated beginning or ending date;
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(C) total number of locations to which a 
project makes service available; and 
(D) relevant download and upload speeds; 
and 
(4) incorporates broadband service availability 
data as depicted in the Broadband Map created under 
section 802(c)(1) of the Communications Act of 1934 
(47 U.S.C. 642(c)(1)). 
(e) PERIODIC UPDATES.— 
(1) IN
GENERAL.—The Commission shall, in 
consultation with relevant Federal agencies, ensure 
the Deployment Locations Map is maintained and up 
to date on a periodic basis, but not less frequently 
than once every 180 days. 
(2) OTHER FEDERAL AGENCIES.—Each Federal 
agency providing funding for broadband infrastruc-
ture deployment shall report relevant data to the 
Commission on a periodic basis. 
(f) NO EFFECT ON PROGRAMMATIC MISSIONS.—Noth-
ing in this section shall be construed to affect the pro-
grammatic missions of Federal agencies providing funding 
for broadband infrastructure development. 
(g) NONDUPLICATION.—The requirements in this sec-
tion shall be consistent with and avoid duplication with
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† HR 3684 EAS 
the provisions of section 903 of division FF of the Consoli-
dated Appropriations Act, 2021 (Public Law 116–260). 
(h) FUNDING.—Of the amounts appropriated to carry 
out this division under this Act, $10,000,000 shall be made 
available to carry out this section. 
TITLE II—TRIBAL CONNECTIVITY 
TECHNICAL AMENDMENTS. 
SEC. 60201. TRIBAL CONNECTIVITY TECHNICAL AMEND-
MENTS. 
Section 905 of division N of the Consolidated Appro-
priations Act, 2021 (Public Law 116–260) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)(B), by striking ‘‘dur-
ing the COVID–19 pandemic’’; 
(B) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) in clause (i), by striking ‘‘180 
days after receiving grant funds’’ and 
inserting ‘‘18 months after receiving 
an allocation of funds pursuant to a 
specific grant award’’; and 
(II) in clause (ii), by striking ‘‘re-
vert to the general fund of the Treas-
ury’’ and inserting ‘‘be made available
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† HR 3684 EAS 
to other eligible entities for the pur-
poses provided in this subsection’’; 
(ii) in subparagraph (B)— 
(I) in clause (i), by striking ‘‘1 
year after receiving grant funds’’ and 
inserting ‘‘4 years after receiving an 
allocation of funds pursuant to a spe-
cific grant award’’; 
(II) by redesignating clause (iii) 
as clause (iv); and 
(III) by inserting after clause (ii) 
the following: 
‘‘(iii) 
EXTENSIONS
FOR
OTHER 
PROJECTS.—The Assistant Secretary may, 
for good cause shown, extend the period 
under clause (i) for an eligible entity that 
proposes to use the grant funds for an eligi-
ble use other than construction of broadband 
infrastructure, based on a detailed showing 
by the eligible entity of the need for an ex-
tension.’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) MULTIPLE GRANT AWARDS.—If the As-
sistant Secretary awards multiple grants to an
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† HR 3684 EAS 
eligible entity under this subsection, the dead-
lines under subparagraphs (A) and (B) shall 
apply individually to each grant award.’’; and 
(C) by striking paragraph (6) and inserting 
the following: 
‘‘(6) ADMINISTRATIVE
EXPENSES
OF
ELIGIBLE 
ENTITIES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an eligible entity may use not 
more than 2 percent of grant funds received 
under this subsection for administrative pur-
poses. 
‘‘(B) 
BROADBAND
INFRASTRUCTURE 
PROJECTS.—An eligible entity that proposes to 
use 
grant 
funds 
for 
the 
construction 
of 
broadband infrastructure may use an amount of 
the grant funds equal to not more than 2.5 per-
cent of the total project cost for planning, feasi-
bility, and sustainability studies related to the 
project.’’; and 
(2) in subsection (e), by adding at the end the 
following: 
‘‘(6) ADDITIONAL APPROPRIATIONS FOR TRIBAL 
BROADBAND CONNECTIVITY PROGRAM.—
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† HR 3684 EAS 
‘‘(A) DEFINITION.—In this paragraph, the 
term ‘initial round of funding’— 
‘‘(i) means the allocation under para-
graph (2)(E) of funds appropriated under 
subsection (b)(1); and 
‘‘(ii) does not include any reallocation 
of funds under paragraph (2)(F). 
‘‘(B) NEW
FUNDING.—If Congress appro-
priates additional funds for grants under sub-
section (c) after the date of enactment of this Act, 
the Assistant Secretary— 
‘‘(i) may use a portion of the funds to 
fully fund any grants under that subsection 
for which the Assistant Secretary received 
an application and which the Assistant Sec-
retary did not fully fund during the initial 
round of funding; and 
‘‘(ii) shall allocate any remaining 
funds through subsequent funding rounds 
consistent with the requirements of this sec-
tion, except as provided in subparagraph 
(C) of this paragraph. 
‘‘(C) EXCEPTIONS.—If Congress appro-
priates additional funds for grants under sub-
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† HR 3684 EAS 
section (c) after the date of enactment of this 
Act— 
‘‘(i) the Assistant Secretary shall not 
be required to issue an additional notice 
under paragraph (1) of this subsection, but 
shall inform eligible entities that additional 
funding has been made available for grants 
under subsection (c) and describe the 
changes made to the Tribal Broadband 
Connectivity Program under that subsection 
by section 60201 of the Infrastructure In-
vestment and Jobs Act; 
‘‘(ii) the requirement under paragraph 
(2)(C) of this subsection shall be applied in-
dividually to each round of funding for 
grants under subsection (c); 
‘‘(iii) paragraph (2)(A) of this sub-
section shall be applied by substituting 
‘180-day period beginning on the date on 
which the Assistant Secretary informs eligi-
ble entities that additional funding has been 
made available for grants under subsection 
(c)’ for ‘90-day period beginning on the 
date on which the Assistant Secretary issues 
the notice under paragraph (1)’; and
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† HR 3684 EAS 
‘‘(iv) 
notwithstanding 
paragraph 
(2)(F) of this subsection, in the case of 
funds appropriated under subsection (b)(1) 
that were not allocated during the initial 
round of funding, the Assistant Secretary 
may elect to allocate the funds during any 
subsequent round of funding for grants 
under subsection (c).’’. 
TITLE III—DIGITAL EQUITY ACT 
OF 2021 
SEC. 60301. SHORT TITLE. 
This title may be cited as the ‘‘Digital Equity Act of 
2021’’. 
SEC. 60302. DEFINITIONS. 
In this title: 
(1) 
ADOPTION
OF
BROADBAND.—The 
term 
‘‘adoption of broadband’’ means the process by which 
an individual obtains daily access to the internet— 
(A) at a speed, quality, and capacity— 
(i) that is necessary for the individual 
to accomplish common tasks; and 
(ii) such that the access qualifies as an 
advanced telecommunications capability; 
(B) with the digital skills that are necessary 
for the individual to participate online; and
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† HR 3684 EAS 
(C) on a— 
(i) personal device; and 
(ii) secure and convenient network. 
(2) ADVANCED
TELECOMMUNICATIONS
CAPA-
BILITY.—The term ‘‘advanced telecommunications ca-
pability’’ has the meaning given the term in section 
706(d) of the Telecommunications Act of 1996 (47 
U.S.C. 1302(d)). 
(3) AGING INDIVIDUAL.—The term ‘‘aging indi-
vidual’’ has the meaning given the term ‘‘older indi-
vidual’’ in section 102 of the Older Americans Act of 
1965 (42 U.S.C. 3002). 
(4) 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 Com-
merce of the House of Representatives.
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† HR 3684 EAS 
(5) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
(6) COMMUNITY
ANCHOR
INSTITUTION.—The 
term ‘‘community anchor institution’’ means a public 
school, a public or multi-family housing authority, a 
library, a medical or healthcare provider, a commu-
nity college or other institution of higher education, 
a State library agency, and any other nonprofit or 
governmental community support organization. 
(7) COVERED HOUSEHOLD.—The term ‘‘covered 
household’’ means a household, the income of which 
for the most recently completed year is not more than 
150 percent of an amount equal to the poverty level, 
as determined by using criteria of poverty established 
by the Bureau of the Census. 
(8) COVERED POPULATIONS.—The term ‘‘covered 
populations’’ means— 
(A) individuals who live in covered house-
holds; 
(B) aging individuals; 
(C) incarcerated individuals, other than in-
dividuals who are incarcerated in a Federal cor-
rectional facility; 
(D) veterans;
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† HR 3684 EAS 
(E) individuals with disabilities; 
(F) individuals with a language barrier, in-
cluding individuals who— 
(i) are English learners; and 
(ii) have low levels of literacy; 
(G) individuals who are members of a ra-
cial or ethnic minority group; and 
(H) individuals who primarily reside in a 
rural area. 
(9) COVERED
PROGRAMS.—The term ‘‘covered 
programs’’ means the State Digital Equity Capacity 
Grant Program established under section 60304 and 
the Digital Equity Competitive Grant Program estab-
lished under section 60305. 
(10) DIGITAL
EQUITY.—The term ‘‘digital eq-
uity’’ means the condition in which individuals and 
communities have the information technology capac-
ity that is needed for full participation in the society 
and economy of the United States. 
(11) DIGITAL INCLUSION.—The term ‘‘digital in-
clusion’’— 
(A) means the activities that are necessary 
to ensure that all individuals in the United 
States have access to, and the use of, affordable
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† HR 3684 EAS 
information and communication technologies, 
such as— 
(i) 
reliable 
fixed 
and 
wireless 
broadband internet service; 
(ii) internet-enabled devices that meet 
the needs of the user; and 
(iii) applications and online content 
designed to enable and encourage self-suffi-
ciency, participation, and collaboration; 
and 
(B) includes— 
(i) obtaining access to digital literacy 
training; 
(ii) the provision of quality technical 
support; and 
(iii) obtaining basic awareness of 
measures to ensure online privacy and cy-
bersecurity. 
(12) DIGITAL LITERACY.—The term ‘‘digital lit-
eracy’’ means the skills associated with using tech-
nology to enable users to find, evaluate, organize, cre-
ate, and communicate information. 
(13) 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).
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† HR 3684 EAS 
(14) ELIGIBLE
STATE.—The term ‘‘eligible 
State’’ means— 
(A) with respect to planning grants made 
available under section 60304(c)(3), a State with 
respect to which the Assistant Secretary has ap-
proved an application submitted to the Assistant 
Secretary under section 60304(c)(3)(C); and 
(B) with respect to capacity grants awarded 
under section 60304(d), a State with respect to 
which the Assistant Secretary has approved an 
application submitted to the Assistant Secretary 
under section 60304(d)(2), including approval of 
the State Digital Equity Plan developed by the 
State under section 60304(c). 
(15) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ has the meaning given the term in section 
249(c) of title 18, United States Code. 
(16) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4(e) of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304(e)). 
(17) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’—
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† HR 3684 EAS 
(A) has the meaning given the term in sec-
tion 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001); and 
(B) includes a postsecondary vocational in-
stitution. 
(18) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given the 
term in section 8101(30) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801(30)). 
(19) 
POSTSECONDARY
VOCATIONAL
INSTITU-
TION.—The term ‘‘postsecondary vocational institu-
tion’’ has the meaning given the term in section 
102(c) of the Higher Education Act of 1965 (20 
U.S.C. 1002(c)). 
(20) RURAL AREA.—The term ‘‘rural area’’ has 
the meaning given the term in section 601(b)(3) of the 
Rural 
Electrification 
Act 
of 
1936 
(7 
U.S.C. 
950bb(b)(3)). 
(21) STATE.—The term ‘‘State’’ means— 
(A) any State of the United States; 
(B) the District of Columbia; and 
(C) the Commonwealth of Puerto Rico. 
(22) VETERAN.—The term ‘‘veteran’’ has the 
meaning given the term in section 101 of title 38, 
United States Code.
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† HR 3684 EAS 
(23) WORKFORCE
DEVELOPMENT
PROGRAM.— 
The term ‘‘workforce development program’’ has the 
meaning given the term in section 3(66) of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3102(66)). 
SEC. 60303. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) a broadband 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 out-
comes, social inclusion, and civic engagement of 
that individual; and 
(C) exacerbates existing wealth and income 
gaps, especially those experienced by covered 
populations;
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† HR 3684 EAS 
(3) achieving digital equity for all people of the 
United States requires additional and sustained in-
vestment and research efforts; 
(4) the Federal Government, as well as State, 
tribal, territorial, and local governments, have made 
social, legal, and economic obligations that necessarily 
extend to how the citizens and residents of those gov-
ernments access and use the internet; and 
(5) achieving digital equity is a matter of social 
and economic justice and is worth pursuing. 
SEC. 60304. STATE DIGITAL EQUITY CAPACITY GRANT PRO-
GRAM. 
(a) ESTABLISHMENT; PURPOSE.— 
(1) IN GENERAL.—The Assistant Secretary shall 
establish in the Department of Commerce 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 in-
clusion activities, and build capacity for efforts 
by States relating to the adoption of broadband 
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
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(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 AGEN-
CIES; 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 Federal Communications 
Commission; 
(ix) the Federal Trade Commission; 
(x) the Director of the Institute of Mu-
seum and Library Services; 
(xi) the Administrator of the Small 
Business Administration; 
(xii) the Federal Co-Chair of the Appa-
lachian Regional Commission; and
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(xiii) the head of any other agency that 
the Assistant Secretary determines to be ap-
propriate; and 
(B) ensure that the Program complements 
and enhances, and does not conflict with, other 
Federal broadband initiatives and programs. 
(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 admin-
istering 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 entity described 
in 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
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(D) serve as— 
(i) an advocate for digital equity pol-
icy and digital inclusion activities; and 
(ii) a repository of best practice mate-
rials 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, a political subdivision, agen-
cy, or instrumentality of the State, an Indian 
Tribe located in the State, an Alaska Native en-
tity located in the State, or a Native Hawaiian 
organization located in the State. 
(B) A foundation, corporation, institution, 
association, or coalition that is— 
(i) a not-for-profit entity; 
(ii) providing services in the State; 
and 
(iii) not a school. 
(C) A community anchor institution, other 
than a school, that is located in the State.
2085 
† HR 3684 EAS 
(D) A local educational agency that is lo-
cated in the State. 
(E) An entity located in the State that car-
ries out a workforce development program. 
(F) An agency of the State that is respon-
sible for administering or supervising adult edu-
cation and literacy activities in the State. 
(G) A public or multi-family housing au-
thority that is located in the State. 
(H) A partnership between any of the enti-
ties described in subparagraphs (A) through (G). 
(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) the identification of the barriers to dig-
ital 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 
60302(8) located in that State—
2086 
† HR 3684 EAS 
(i) the availability of, and afford-
ability of access to, fixed and wireless 
broadband technology; 
(ii) 
the 
online 
accessibility 
and 
inclusivity of public resources and services; 
(iii) digital literacy; 
(iv) awareness of, and the use of, meas-
ures to secure the online privacy of, and cy-
bersecurity with respect to, an individual; 
and 
(v) the availability and affordability of 
consumer devices and technical support for 
those devices; 
(C) an assessment of how the objectives de-
scribed in subparagraph (B) will impact and 
interact with the State’s— 
(i) economic and workforce develop-
ment 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 de-
scribed in subparagraph (B), a description of
2087 
† HR 3684 EAS 
how the State plans to collaborate with key 
stakeholders in the State, which may include— 
(i) community anchor institutions; 
(ii) county and municipal govern-
ments; 
(iii) local educational agencies; 
(iv) where applicable, Indian Tribes, 
Alaska Native 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 language 
barriers, including— 
(aa) individuals who are 
English learners; and 
(bb) individuals who have 
low levels of literacy; 
(IV) veterans; and 
(V) individuals in that State who 
are incarcerated in facilities other than 
Federal correctional facilities;
2088 
† HR 3684 EAS 
(vii) civil rights organizations; 
(viii) entities that carry out workforce 
development programs; 
(ix) agencies of the State that are re-
sponsible for administering or supervising 
adult education and literacy activities in 
the State; 
(x) public housing authorities in the 
State; and 
(xi) a partnership between 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 enti-
ty for a State shall make the State Digital Eq-
uity Plan of the State available for public com-
ment for a period of not less than 30 days before 
the date on which the State submits an applica-
tion to the Assistant Secretary under subsection 
(d)(2). 
(B) CONSIDERATION
OF
COMMENTS
RE-
CEIVED.—The administering entity for a State
2089 
† HR 3684 EAS 
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 sub-
paragraph as the ‘‘comment period’’); 
and 
(II) make any changes to the plan 
that the administering entity deter-
mines to be worthwhile; and 
(ii) when submitting the application— 
(I) describe any changes pursued 
by the administering entity in response 
to comments received during the com-
ment period; and 
(II) include a written response to 
each comment received during the com-
ment period. 
(3) PLANNING GRANTS.— 
(A) IN GENERAL.—Beginning in the first 
fiscal year that begins after the date of enact-
ment of this Act, the Assistant Secretary shall, in
2090 
† HR 3684 EAS 
accordance with the requirements of this para-
graph, 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 Sec-
retary 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 para-
graph 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 As-
sistant 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).
2091 
† HR 3684 EAS 
(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 admin-
istering entity for that State shall develop a 
State Digital Equity Plan under this sub-
section, which— 
(I) the administering entity shall 
submit to the Assistant Secretary; and 
(II) shall comply with the require-
ments of this subsection, including the 
requirement under paragraph (2)(B). 
(iii) The assurances required under 
subsection (e). 
(D) AWARDS.— 
(i) AMOUNT OF GRANT.—A planning 
grant awarded to an eligible State under 
this paragraph shall be determined accord-
ing 
to 
the 
formula 
under 
subsection 
(d)(3)(A)(i). 
(ii) DURATION.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), with respect to 
a planning grant awarded to an eligi-
ble State under this paragraph, the
2092 
† HR 3684 EAS 
State shall expend the grant funds dur-
ing 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 el-
igible 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 enti-
ty 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 de-
scribed in paragraph (1)(D) to assist in the
2093 
† HR 3684 EAS 
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 sub-
clause (I), the administering entity shall, 
with respect to the subgrant, provide to the 
State the assurances required under sub-
section (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 re-
leased, submit to the Assistant Secretary an applica-
tion, in a format to be determined by the Assistant 
Secretary, that contains the following materials:
2094 
† HR 3684 EAS 
(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 de-
scribed in clause (i). 
(D) The assurances required under sub-
section (e). 
(E) In the case of a State to which the As-
sistant 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
2095 
† HR 3684 EAS 
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 popu-
lation of the eligible State in propor-
tion to the total population of all eligi-
ble 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 indi-
viduals in all eligible States who are 
members of covered populations. 
(III) 25 percent of the total grant 
amount shall be based on the compara-
tive lack of availability and adoption 
of broadband in the eligible State in 
proportion to the lack of availability 
and adoption of broadband of all eligi-
2096 
† HR 3684 EAS 
ble States, which shall be determined 
according to data collected from— 
(aa) the annual inquiry of 
the 
Federal 
Communications 
Commission conducted under sec-
tion 706(b) of the Telecommuni-
cations Act of 1996 (47 U.S.C. 
1302(b)); 
(bb) the American Commu-
nity Survey or, if necessary, other 
data collected by the Bureau of 
the Census; 
(cc) the NTIA Internet Use 
Survey, which is administered as 
the Computer and Internet Use 
Supplement to the Current Popu-
lation Survey of the Bureau of the 
Census; and 
(dd) any other source that 
the Assistant Secretary, after ap-
propriate notice and opportunity 
for public comment, determines to 
be appropriate. 
(ii) MINIMUM AWARD.—The amount of 
a grant awarded to an eligible State under
2097 
† HR 3684 EAS 
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 eli-
gible 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 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 Rico’’) 
is an eligible State and specific data for 
Puerto Rico is unavailable for a factor de-
scribed in subclause (I), (II), or (II) of 
clause (i), the Assistant Secretary shall use 
the median data point with respect to that
2098 
† HR 3684 EAS 
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 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 Assist-
ant Secretary shall ensure that any eligible State 
to which a grant is awarded under this sub-
section 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 up-
date or maintain the State Digital Equity 
Plan of the State.
2099 
† HR 3684 EAS 
(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 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 de-
scribed in section 60305(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 
(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
2100 
† HR 3684 EAS 
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 re-
lates 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. 
(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).
2101 
† HR 3684 EAS 
(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 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 a 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 an entity described in section 60305(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, and 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-
2102 
† HR 3684 EAS 
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 procedure; 
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— 
(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 offi-
cial; 
(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;
2103 
† HR 3684 EAS 
(B) submit to the Assistant Secretary any 
reports that may be necessary to enable the As-
sistant Secretary to perform the duties of the As-
sistant Secretary under this section; 
(C) maintain any records and provide any 
information to the Assistant Secretary, including 
those records, that the Assistant Secretary deter-
mines is necessary to enable the Assistant Sec-
retary to perform the duties of the Assistant Sec-
retary under this section; and 
(D) with respect to any significant proposed 
change or amendment to the State Digital Eq-
uity Plan for the State, make the change or 
amendment available for public comment in ac-
cordance 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.—The Assistant Secretary shall 
terminate a grant awarded to an eligible State under 
this section if, after notice to the State and oppor-
tunity for a hearing, the Assistant Secretary—
2104 
† HR 3684 EAS 
(A) presents to the State a rationale and 
supporting information that clearly demonstrates 
that— 
(i) the grant funds are not contrib-
uting to the development or execution of the 
State Digital Equity Plan of the State, as 
applicable; and 
(ii) the State is not upholding assur-
ances made by the State to the Assistant 
Secretary under subsection (e); and 
(B) determines that the grant is no longer 
necessary to achieve the original purpose for 
which Assistant Secretary awarded the grant. 
(2) REDISTRIBUTION.—If the Assistant Sec-
retary, in a fiscal year, terminates a grant under 
paragraph (1), the Assistant Secretary shall redis-
tribute 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 de-
scribed in subsection (d)(3)(A)(i). 
(g) REPORTING AND INFORMATION REQUIREMENTS; 
INTERNET DISCLOSURE.—The Assistant Secretary— 
(1) shall—
2105 
† HR 3684 EAS 
(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 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 en-
sure that each eligible State to which a grant 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—
2106 
† HR 3684 EAS 
(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 made 
regarding the State Digital Equity Plan of 
a State, as well as any written responses to 
or actions taken as a result of those com-
ments; and 
(v) any other information that is suffi-
cient to allow the public 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 section. 
(i) SET ASIDES.—From amounts made available in 
a fiscal year to carry out the Program, the Assistant Sec-
retary shall reserve—
2107 
† HR 3684 EAS 
(1) not more than 5 percent for the implementa-
tion 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— 
(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; and 
(C) developing the report required under 
section 60306(a); 
(2) not less than 5 percent to award grants to, 
or enter into contracts or cooperative agreements 
with, Indian Tribes, Alaska Native entities, and Na-
tive Hawaiian organizations to allow those tribes, en-
tities, and organizations to carry out the activities 
described in this section; and 
(3) not less than 1 percent to award grants to, 
or enter into contracts or cooperative agreements 
with, the United States Virgin Islands, Guam, Amer-
ican Samoa, the Commonwealth of the Northern Mar-
iana Islands, and any other territory or possession of
2108 
† HR 3684 EAS 
the United States that is not a State to enable those 
entities 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— 
(1) $60,000,000 for the award of grants under 
subsection (c)(3), which shall remain available until 
expended; 
(2) for the award of grants under subsection 
(d)— 
(A) $240,000,000 for fiscal year 2022; and 
(B) $300,000,000 for each of fiscal years 
2023 through 2026; and 
(3) such sums as may be necessary to carry out 
this section for each fiscal year after the end of the 
5-fiscal year period described in paragraph (2). 
SEC. 60305. DIGITAL EQUITY COMPETITIVE GRANT PRO-
GRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the Assistant Secretary begins 
awarding grants under section 60304(d), and not be-
fore that date, the Assistant Secretary shall establish
2109 
† HR 3684 EAS 
in the Department of Commerce the Digital Equity 
Competitive Grant Program (referred to in this sec-
tion as the ‘‘Program’’), the purpose of which is to 
award grants to support efforts to achieve digital eq-
uity, promote digital inclusion activities, and spur 
greater adoption of broadband among covered popu-
lations. 
(2) CONSULTATION; NO
CONFLICT.—In estab-
lishing the Program under paragraph (1), the Assist-
ant Secretary— 
(A) may consult a State with respect to— 
(i) the identification of groups de-
scribed in subparagraphs (A) through (H) 
of section 60302(8) 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; 
(II) the Secretary of Housing and 
Urban Development; 
(III) the Secretary of Education; 
(IV) the Secretary of Labor;
2110 
† HR 3684 EAS 
(V) the Secretary of Health and 
Human Services; 
(VI) the Secretary of Veterans Af-
fairs; 
(VII) the Secretary of the Interior; 
(VIII) the Federal Communica-
tions Commission; 
(IX) the Federal Trade Commis-
sion; 
(X) the Director of the Institute of 
Museum and Library Services; 
(XI) the Administrator of the 
Small Business Administration; 
(XII) the Federal Co-Chair of the 
Appalachian 
Regional 
Commission; 
and 
(XIII) the head of any other agen-
cy that the Assistant Secretary deter-
mines to be appropriate; and 
(ii) ensure that the Program com-
plements and enhances, and does not con-
flict with, other Federal broadband initia-
tives and programs. 
(b) ELIGIBILITY.—The Assistant Secretary may award 
a grant under the Program to any of the following entities
2111 
† HR 3684 EAS 
if the entity is not serving, and has not served, as the ad-
ministering entity for a State under section 60304(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, or for pro-
viding public housing, in the State. 
(2) An Indian Tribe, an Alaska Native entity, or 
a Native Hawaiian organization. 
(3) A foundation, corporation, institution, or as-
sociation that is— 
(A) a not-for-profit entity; and 
(B) not a school. 
(4) A community anchor institution. 
(5) A local educational agency. 
(6) An entity that carries out a workforce devel-
opment program. 
(7) A partnership between any of the entities de-
scribed in paragraphs (1) through (6). 
(8) A partnership between— 
(A) an entity described in any of para-
graphs (1) through (6); and 
(B) an entity that— 
(i) the Assistant Secretary, by rule, de-
termines to be in the public interest; and
2112 
† HR 3684 EAS 
(ii) is not a school. 
(c) APPLICATION.—An entity that wishes to be award-
ed 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 appli-
cant 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—
2113 
† HR 3684 EAS 
(i) is capable of carrying out— 
(I) the project or function to 
which the application relates; and 
(II) the activities described in 
subsection (h)— 
(aa) in a competent manner; 
and 
(bb) in compliance with all 
applicable Federal, State, and 
local laws; and 
(ii) if the applicant is an entity de-
scribed in subsection (b)(1), shall 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 
outside funding sources from which the entity re-
ceives, 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
2114 
† HR 3684 EAS 
(ii) an assurance that the entity shall 
follow such additional procedures as the As-
sistant 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 an application shall, if ap-
proved— 
(i) increase internet access and the 
adoption of broadband among covered popu-
lations to be served by the applicant; and 
(ii) not result in unjust enrichment; 
(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 en-
tity to which the Assistant Secretary awards a
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grant under the Program shall use the grant 
amounts to support not less than 1 of the fol-
lowing activities: 
(i) To develop and implement digital 
inclusion activities that benefit covered pop-
ulations. 
(ii) To facilitate the adoption of 
broadband by covered populations in order 
to provide educational and employment op-
portunities to those populations. 
(iii) To implement, consistent with the 
purposes of this title— 
(I) training programs for covered 
populations that cover basic, advanced, 
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 services to covered 
populations at low or no cost. 
(v) To construct, upgrade, expend, or 
operate new or existing public access com-
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puting centers for covered populations 
through community anchor institutions. 
(vi) To undertake any other project 
and 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
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
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(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). 
(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 subpara-
graph (B).
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(e) FEDERAL SHARE.— 
(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) dem-
onstrates 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 shall— 
(1) use any grant funds that the entity is award-
ed— 
(A) in accordance with any applicable stat-
ute, regulation, and application procedure; and 
(B) to the extent required under applicable 
law;
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(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 
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 vio-
lation 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 proce-
dures that ensure the proper disbursement of, and ac-
counting for, any Federal funds that the entity is 
awarded under the Program;
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(5) submit to the Assistant Secretary any reports 
that may be necessary to enable the Assistant Sec-
retary to perform the duties of the Assistant Secretary 
under the Program; and 
(6) maintain any records and provide any infor-
mation 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 Pro-
gram. 
(g) DEOBLIGATION OR TERMINATION OF GRANT.—In 
addition to other authority under applicable law, the As-
sistant Secretary may— 
(1) deobligate or terminate a grant awarded to 
an entity under this section if, after notice to the en-
tity and opportunity for a hearing, the Assistant Sec-
retary— 
(A) presents to the entity a rationale and 
supporting information that clearly demonstrates 
that— 
(i) the grant funds are not being used 
in a manner that is consistent with the ap-
plication with respect to the grant sub-
mitted by the entity under subsection (c); 
and
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(ii) the entity is not upholding assur-
ances made by the entity to the Assistant 
Secretary under subsection (f); and 
(B) determines that the grant is no longer 
necessary to achieve the original purpose for 
which Assistant Secretary awarded the grant; 
and 
(2) with respect to any grant funds that the As-
sistant Secretary deobligates or terminates under 
paragraph (1), competitively award the grant funds 
to another applicant, 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 Assist-
ant Secretary awards a grant under the Pro-
gram to, for each year during the period de-
scribed in subsection (d)(2)(D) with respect to 
the grant, submit to the Assistant Secretary a re-
port, in a format specified by the Assistant Sec-
retary, regarding— 
(i) the amount of the grant; 
(ii) the use by the entity of the grant 
amounts; and
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(iii) the progress of the entity towards 
fulfilling the objectives for which the grant 
was awarded; 
(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 entity 
under subparagraph (A); and
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(v) any other information that is suffi-
cient to allow the public to understand and 
monitor grants awarded under the Pro-
gram; and 
(D) ensure that any entity with respect to 
which an award is deobligated or terminated 
under subsection (g) may, in a timely manner, 
appeal or otherwise challenge that deobligation 
or termination, as applicable; 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) 5 percent for the implementation and admin-
istration 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 60306(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; 
(2) 5 percent to award grants to, or enter into 
contracts or cooperative agreements with, Indian 
Tribes, Alaska Native entities, and Native Hawaiian 
organizations to allow those tribes, entities, and orga-
nizations to carry out the activities described in this 
section; and 
(3) 1 percent to award grants to, or enter into 
contracts or cooperative agreements with, the United 
States Virgin Islands, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and 
any other territory or possession of the United States 
that is not a State to enable those entities 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.
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(l) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section— 
(1) $250,000,000 for each of the first 5 fiscal 
years in which funds are made available to carry out 
this section; and 
(2) such sums as may be necessary for each fiscal 
year after the end of the 5-fiscal year period described 
in paragraph (1). 
SEC. 60306. POLICY RESEARCH, DATA COLLECTION, ANAL-
YSIS AND MODELING, EVALUATION, AND DIS-
SEMINATION. 
(a) REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Assistant Secretary begins 
awarding grants under section 60304(d)(1), and an-
nually 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 con-
ducted 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;
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(II) the recipient of each such 
grant; and 
(III) the purpose for which each 
such grant was awarded; 
(iii) any deobligation, termination, or 
modification of a grant awarded under the 
covered programs, which shall include a de-
scription 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 
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 60304 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 Digital Equity
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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 pro-
mulgated by the Assistant Secretary in 
implementing that program; and 
(ii) whether entities to which grants 
are awarded under the program established 
under section 60305 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 re-
spect to the use of the grant amounts; 
(III) satisfying the requirements 
imposed by the Assistant Secretary on 
those States under subsection (h) of 
that section; and 
(IV) in compliance with any other 
rules, requirements, or regulations pro-
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mulgated by the Assistant Secretary in 
implementing that program. 
(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— 
(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, pub-
lic and private organizations, and other entities with exper-
tise that the Assistant Secretary determines appropriate 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.
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(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; 
(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 Federal Communications Commission; 
(9) the Federal Trade Commission; 
(10) the Director of the Institute of Museum and 
Library Services; 
(11) the Administrator of the Small Business 
Administration; 
(12) the Federal Co-Chair of the Appalachian 
Regional Commission; 
(13) State agencies and governors of States (or 
equivalent officials);
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(14) entities serving as administering entities for 
States under section 60304(b); 
(15) national, State, tribal, and local organiza-
tions that provide digital inclusion, digital equity, or 
digital literacy services; 
(16) researchers, academics, and philanthropic 
organizations; and 
(17) 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 As-
sistant Secretary shall provide technical support and assist-
ance, assistance to entities to prepare the applications of 
those entities with respect to grants awarded under the cov-
ered programs, and other resources, to the extent prac-
ticable, to ensure consistency in data reporting and to meet 
the objectives of this section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section, which shall remain avail-
able until expended.
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SEC. 60307. 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 sub-
jected to discrimination under any program or activ-
ity that is funded in whole or in part with funds 
made available to carry out this title. 
(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 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 title 
in a technologically neutral manner. 
(c) AUDIT AND OVERSIGHT.—Beginning in the first 
fiscal year in which amounts are made available to carry
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out an activity authorized under this title, and in each of 
the 4 fiscal years thereafter, there is authorized to be appro-
priated to the Office of Inspector General for the Depart-
ment of Commerce $1,000,000 for audits and oversight of 
funds made available to carry out this title, which shall 
remain available until expended. 
TITLE 
IV—ENABLING 
MIDDLE 
MILE 
BROADBAND 
INFRA-
STRUCTURE 
SEC. 60401. ENABLING MIDDLE MILE BROADBAND INFRA-
STRUCTURE. 
(a) DEFINITIONS.—In this section: 
(1) ANCHOR
INSTITUTION.—The term ‘‘anchor 
institution’’ means a school, library, medical or 
healthcare provider, community college or other insti-
tution of higher education, or other community sup-
port organization or entity. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
(3) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Communications Commission. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means—
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(A) a State, political subdivision of a State, 
Tribal government, technology company, electric 
utility, utility cooperative, public utility district, 
telecommunications 
company, 
telecommuni-
cations cooperative, nonprofit foundation, non-
profit corporation, nonprofit institution, non-
profit association, regional planning counsel, 
Native entity, or economic development author-
ity; or 
(B) a partnership of 2 or more entities de-
scribed in subparagraph (A). 
(5) FCC FIXED
BROADBAND
MAP.—The term 
‘‘FCC fixed broadband map’’ means the map created 
by the Commission under section 802(c)(1)(B) of the 
Communications 
Act 
of 
1934 
(47 
U.S.C. 
642(c)(1)(B)). 
(6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304)). 
(7) INTERCONNECT.—The term ‘‘interconnect’’ 
means the physical linking of 2 networks for the mu-
tual exchange of traffic on non-discriminatory terms 
and conditions.
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(8) INTERNET EXCHANGE FACILITY.—The term 
‘‘internet exchange facility’’ means physical infra-
structure through which internet service providers 
and content delivery networks exchange internet traf-
fic between their networks. 
(9) MIDDLE MILE INFRASTRUCTURE.—The term 
‘‘middle mile infrastructure’’— 
(A) means any broadband infrastructure 
that does not connect directly to an end-user lo-
cation, including an anchor institution; and 
(B) includes— 
(i) leased dark fiber, interoffice trans-
port, backhaul, carrier-neutral internet ex-
change facilities, carrier-neutral submarine 
cable landing stations, undersea cables, 
transport connectivity to data centers, spe-
cial access transport, and other similar 
services; and 
(ii) 
wired 
or 
private 
wireless 
broadband infrastructure, including micro-
wave capacity, radio tower access, and 
other services or infrastructure for a private 
wireless broadband network, such as towers, 
fiber, and microwave links.
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(10) MIDDLE MILE GRANT.—The term ‘‘middle 
mile grant’’ means a grant awarded under subsection 
(c). 
(11) NATIVE ENTITY.—The term ‘‘Native entity’’ 
means— 
(A) an Indian Tribe; 
(B) an Alaska Native Corporation; 
(C) a Native Hawaiian organization (as de-
fined in section 6207 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7517)); 
(D) the Department of Hawaiian Home 
Lands; and 
(E) the Office of Hawaiian Affairs. 
(12) STATE.—The term ‘‘State’’ has the meaning 
given the term in section 3 of the Communications 
Act of 1934 (47 U.S.C. 153). 
(13) 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 ob-
tained a license under the first section of the Act enti-
tled ‘‘An Act relating to the landing and operation of
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† HR 3684 EAS 
submarine cables in the United States’’, approved 
May 27, 1921 (47 U.S.C. 34) (commonly known as 
the ‘‘Cable Landing Licensing Act’’). 
(14) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body of 
any Indian or Alaska Native tribe, band, nation, 
pueblo, village, community, component band, or com-
ponent reservation, individually identified (including 
parenthetically) in the list published most recently as 
of the date of enactment of this Act pursuant to sec-
tion 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5131). 
(15) TRUST LAND.—The term ‘‘trust land’’ has 
the meaning given the term in section 3765 of title 
38, United States Code. 
(16) UNDERSERVED.—The term ‘‘underserved’’, 
with respect to an area, means an area— 
(A) that is designated as a Tribally under-
served area through the process described in sub-
section (g); or 
(B) that— 
(i) is of a standard size not larger 
than a census block, as established by the 
Commission; 
(ii) is not an unserved area; and
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(iii) as determined in accordance with 
the FCC fixed broadband map, does not 
have access to broadband service with— 
(I) except as provided in sub-
clause (II)— 
(aa) a download speed of not 
less than 100 megabits per second; 
and 
(bb) an upload speed of not 
less than 20 megabits per second; 
or 
(II) 
minimum 
download 
and 
upload speeds established as bench-
marks by the Commission for purposes 
of this Act after the date of enactment 
of this Act, if those minimum speeds 
are higher than the minimum speeds 
required under subclause (I). 
(17) UNSERVED.—The term ‘‘unserved’’, with re-
spect to an area, means an area— 
(A) that is designated as a Tribally under-
served area through the process described in sub-
section (g); or 
(B) that—
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(i) is of a standard size not larger 
than a census block, as established by the 
Commission; and 
(ii) as determined in accordance with 
the FCC fixed broadband map, does not 
have access to broadband service with— 
(I) except as provided in sub-
clause (II)— 
(aa) a download speed of not 
less than 25 megabits per second; 
and 
(bb) an upload speed of not 
less than 3 megabits per second; 
or 
(II) 
minimum 
download 
and 
upload speeds established as bench-
marks by the Commission for purposes 
of this Act after the date of enactment 
of this Act, if those minimum speeds 
are higher than the minimum speeds 
required under subclause (I). 
(b) PURPOSE; SENSE OF CONGRESS.— 
(1) PURPOSE.—The purposes of this section 
are—
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(A) to encourage the expansion and exten-
sion of middle mile infrastructure to reduce the 
cost of connecting unserved and underserved 
areas to the backbone of the internet (commonly 
referred to as the ‘‘last mile’’); and 
(B) to promote broadband connection resil-
iency through the creation of alternative network 
connection paths that can be designed to prevent 
single points of failure on a broadband network. 
(2) SENSE
OF
CONGRESS.—It is the sense of 
Congress that— 
(A) in awarding middle mile grants, the 
Assistant Secretary should give priority to— 
(i) projects that leverage existing 
rights-of-way, assets, and infrastructure to 
minimize financial, regulatory, and permit-
ting challenges; 
(ii) projects in which the eligible entity 
designs the route of the middle mile infra-
structure to enable the connection of 
unserved anchor institutions, including 
Tribal anchor institutions; and 
(iii) projects that facilitate the develop-
ment of carrier-neutral interconnection fa-
cilities; and
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(iv) projects that— 
(I) improve the redundancy and 
resiliency of existing middle mile in-
frastructure; and 
(II) reduce regulatory and per-
mitting barriers to promote the con-
struction of new middle mile infra-
structure; and 
(B) a regulated utility should use funds re-
ceived from a middle mile grant as a supplement 
to the core utility capital investment plan of the 
regulated utility to— 
(i) facilitate increased broadband resil-
iency or redundancy of existing middle mile 
infrastructure; or 
(ii) provide connectivity to unserved 
areas and underserved areas within the 
service territory of the utility and nearby 
communities. 
(c) MIDDLE MILE GRANTS.—The Assistant Secretary 
shall establish a program under which the Assistant Sec-
retary makes grants on a technology-neutral, competitive 
basis to eligible entities for the construction, improvement, 
or acquisition of middle mile infrastructure. 
(d) APPLICATIONS FOR GRANTS.—
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(1) IN GENERAL.—The Assistant Secretary shall 
establish an application process for middle mile 
grants in accordance with this subsection. 
(2) EVALUATION
OF
APPLICATIONS.—In estab-
lishing an application process for middle mile grants 
under paragraph (1), the Assistant Secretary shall 
give priority to an application from an eligible entity 
that satisfies 2 or more of the following conditions: 
(A) The eligible entity adopts fiscally sus-
tainable middle mile strategies. 
(B) The eligible entity commits to offering 
non-discriminatory interconnect to terrestrial 
and wireless last mile broadband providers and 
any other party making a bona fide request. 
(C) The eligible entity identifies specific ter-
restrial and wireless last mile broadband pro-
viders that have— 
(i) expressed written interest in inter-
connecting with middle mile infrastructure 
planned to be deployed by the eligible enti-
ty; and 
(ii) demonstrated sustainable business 
plans or adequate funding sources with re-
spect to the interconnect described in clause 
(i).
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(D) The eligible entity has identified sup-
plemental investments or in-kind support (such 
as waived franchise or permitting fees) that will 
accelerate the completion of the planned project. 
(E) The eligible entity has demonstrated 
that the middle mile infrastructure will benefit 
national security interests of the United States 
and the Department of Defense. 
(3) GRANT APPLICATION COMPETENCE.—The As-
sistant Secretary shall include in the application 
process established under paragraph (1) a require-
ment that an eligible entity provide evidence that the 
eligible entity is capable of carrying out a proposed 
project in a competent manner, including by dem-
onstrating that the eligible entity has the financial, 
technical, and operational capability to carry out the 
proposed project and operate the resulting middle 
mile broadband network. 
(e) ELIGIBILITY.— 
(1) PRIORITIZATION.—To be eligible to obtain a 
middle mile grant, an eligible entity shall agree, in 
the application submitted through the process estab-
lished under subsection (d), to prioritize— 
(A) connecting middle mile infrastructure 
to last mile networks that provide or plan to
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provide broadband service to households in 
unserved areas; 
(B) connecting non-contiguous trust lands; 
or 
(C) the offering of wholesale broadband serv-
ice at reasonable rates on a carrier-neutral basis. 
(2) BUILDOUT TIMELINE.—Subject to paragraph 
(5), to be eligible to obtain a middle mile grant, an 
eligible entity shall agree, in the application sub-
mitted through the process established under sub-
section (d), to complete buildout of the middle mile 
infrastructure described in the application by not 
later than 5 years after the date on which amounts 
from the grant are made available to the eligible enti-
ty. 
(3) PROJECT ELIGIBILITY REQUIREMENTS.— 
(A) 
CAPABILITY
TO
SUPPORT
RETAIL 
BROADBAND SERVICE.—A project shall be eligible 
for a middle mile grant if, at the time of the ap-
plication, the Assistant Secretary determines 
that the proposed middle mile broadband net-
work will be capable of supporting retail 
broadband service. 
(B) MAPPING DATA.—
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(i) USE OF MOST RECENT DATA.—In 
mapping out gaps in broadband coverage, 
an eligible entity that uses a middle mile 
grant to build out terrestrial or fixed wire-
less middle mile infrastructure shall use the 
most recent broadband mapping data avail-
able from one of the following sources: 
(I) The FCC fixed broadband 
map. 
(II) The State in which the area 
that will be served by the middle mile 
infrastructure is located, or the Tribal 
government with jurisdiction over the 
area that will be served by the middle 
mile infrastructure (if applicable). 
(III) Speed and usage surveys of 
existing broadband service that— 
(aa) demonstrate that more 
than 25 percent of the respondents 
display a broadband service speed 
that is slower than the speeds re-
quired for an area to qualify as 
unserved; and 
(bb) are conducted by— 
(AA) the eligible entity;
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(BB) the State in which 
the area that will be served 
by the middle mile infra-
structure is located; or 
(CC) the Tribal govern-
ment with jurisdiction over 
the area that will be served 
by the middle mile infra-
structure (if applicable). 
(ii) SHARING FACILITY LOCATIONS.— 
(I) DEFINITION.—In this clause, 
the term ‘‘covered recipient’’, with re-
spect to an eligible entity, means— 
(aa) the Assistant Secretary; 
(bb) the Commission; 
(cc) the Tribal government 
with jurisdiction over the area 
that will be served by the middle 
mile infrastructure (if applicable); 
and 
(dd) the State broadband of-
fice for the State in which the 
area that will be served by the 
middle mile infrastructure is lo-
cated.
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(II) 
PROVISION
OF
INFORMA-
TION.—Subject to subclauses (III) and 
(IV), an eligible entity that constructs, 
improves, or acquires middle mile in-
frastructure using a middle mile grant 
shall share with each covered recipient 
the location of all the middle mile 
broadband infrastructure. 
(III) FORMAT.—An eligible entity 
shall provide the information required 
under subclause (II) to each covered re-
cipient in a uniform format deter-
mined by the Assistant Secretary. 
(IV) PROTECTION
OF
INFORMA-
TION.— 
(aa) IN GENERAL.—The in-
formation provided by an eligible 
entity under subclause (II) may 
only be used for purposes of car-
rying out the grant program 
under subsection (c) and any re-
porting related thereto. 
(bb) LEGAL DEFENSES.— 
(AA) IN
GENERAL.—A 
covered recipient may not re-
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(I) 1 gigabit per second for 
downloads; and 
(II) 1 gigabit per second for 
uploads to an anchor institution; and 
(ii) include direct interconnect facili-
ties that will facilitate the provision of 
broadband service to anchor institutions lo-
cated within 1,000 feet of the middle mile 
infrastructure. 
(D) 
INTERCONNECTION
AND
NON-
DISCRIMINATION.— 
(i) IN
GENERAL.—An eligible entity 
that receives a middle mile grant to build 
a middle mile project using fiber optic tech-
nology shall offer interconnection in per-
petuity, where technically feasible without 
exceeding current or reasonably anticipated 
capacity limitations, on reasonable rates 
and terms to be negotiated with requesting 
parties. 
(ii) NATURE OF INTERCONNECTION.— 
The interconnection required to be offered 
under clause (i) includes both the ability to 
connect to the public internet and physical 
interconnection for the exchange of traffic.
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(iii) INCLUSION IN APPLICATION.—An 
applicant for a middle mile grant shall dis-
close the applicant’s proposed interconnec-
tion, nondiscrimination, and network man-
agement practices in the application sub-
mitted through the process established under 
subsection (d). 
(4) ACCOUNTABILITY.—The Assistant Secretary 
shall— 
(A) establish sufficient transparency, ac-
countability, reporting, and oversight measures 
for the grant program established under sub-
section (c) to deter waste, fraud, and abuse of 
program funds; and 
(B) establish— 
(i) buildout requirements for each eli-
gible entity that receives a middle mile 
grant, which shall require the completion of 
a certain percentage of project miles by a 
certain date; and 
(ii) penalties, which may include re-
scission of funds, for grantees that do not 
meet requirements described in clause (i) or 
the deadline under paragraph (2). 
(5) EXTENSIONS.—
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(A) IN GENERAL.—At the request of an eli-
gible entity, the Assistant Secretary may extend 
the buildout deadline under paragraph (2) by 
not more than 1 year if the eligible entity cer-
tifies that— 
(i) the eligible entity has a plan for use 
of the middle mile grant; 
(ii) the project to build out middle 
mile infrastructure is underway; or 
(iii) extenuating circumstances require 
an extension of time to allow completion of 
the project to build out middle mile infra-
structure. 
(B) EFFECT
ON
INTERIM
BUILDOUT
RE-
QUIREMENTS.—If the Assistant Secretary grants 
an extension under subparagraph (A), the Assist-
ant Secretary shall modify any buildout require-
ments established under paragraph (4)(B)(i) as 
necessary. 
(f) FEDERAL SHARE.—The amount of a middle mile 
grant awarded to an eligible entity may not exceed 70 per-
cent of the total project cost. 
(g) SPECIAL RULES FOR TRIBAL GOVERNMENTS.— 
(1) WAIVERS; ALTERNATIVE
REQUIREMENTS.— 
The Assistant Secretary, in consultation with Tribal
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governments and Native entities, may waive, or speci-
fy alternative requirements for, any provision of sub-
sections (c) through (f) if the Assistant Secretary 
finds that the waiver or alternative requirement is 
necessary— 
(A) for the effective delivery and adminis-
tration of middle mile grants to Tribal govern-
ments; or 
(B) the construction, improvement, or ac-
quisition of middle mile infrastructure on trust 
land. 
(2) TRIBALLY UNSERVED AREAS; TRIBALLY UN-
DERSERVED AREAS.—The Assistant Secretary, in con-
sultation with Tribal governments and Native enti-
ties, shall develop a process for designating Tribally 
unserved areas and Tribally underserved areas for 
purposes of this section. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$1,000,000,000 for fiscal years 2022 through 2026. 
TITLE V—BROADBAND 
AFFORDABILITY 
SEC. 60501. DEFINITIONS. 
In this title—
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(1) 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; and 
(2) the term ‘‘Commission’’ means the Federal 
Communications Commission. 
SEC. 60502. BROADBAND AFFORDABILITY. 
(a) EXTENSION AND MODIFICATION OF EMERGENCY 
BROADBAND BENEFIT.— 
(1) EXTENSION.—Section 904 of division N of 
the Consolidated Appropriations Act, 2021 (Public 
Law 116–260) is amended— 
(A) in the heading, by striking ‘‘DURING 
EMERGENCY PERIOD RELATING TO COVID– 
19’’; 
(B) in subsection (a)— 
(i) by striking paragraph (8); and 
(ii) by redesignating paragraphs (9) 
through (13) as paragraphs (8) through 
(12), respectively; and 
(C) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘dur-
ing the emergency period’’; 
(ii) in paragraph (4), by striking 
‘‘during the emergency period’’; and
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(iii) in paragraph (5), by striking 
‘‘during the emergency period,’’. 
(2) CHANGE TO PROGRAM NAME.—Section 904 of 
division N of the Consolidated Appropriations Act, 
2021 (Public Law 116–260), as amended by para-
graph (1) of this subsection, is amended— 
(A) in subsection (a)(7), in the heading, by 
striking ‘‘EMERGENCY BROADBAND’’ and insert-
ing ‘‘AFFORDABLE CONNECTIVITY’’; 
(B) in subsection (b), in the heading, by 
striking ‘‘EMERGENCY BROADBAND BENEFIT’’ 
and inserting ‘‘AFFORDABLE CONNECTIVITY’’; 
(C) in subsection (i), in the heading, by 
striking ‘‘EMERGENCY BROADBAND’’ and insert-
ing ‘‘AFFORDABLE’’; 
(D) by striking ‘‘Emergency Broadband 
Benefit’’ each place the term appears and insert-
ing ‘‘Affordable Connectivity’’; 
(E) by striking ‘‘Emergency Broadband’’ 
each place the term appears and inserting ‘‘Af-
fordable’’; and 
(F) by striking ‘‘emergency broadband’’ 
each place the term appears and inserting ‘‘af-
fordable connectivity’’.
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(3) OTHER
INITIAL
MODIFICATIONS.—Section 
904 of division N of the Consolidated Appropriations 
Act, 2021 (Public Law 116–260), as amended by 
paragraph (2) of this subsection, is amended— 
(A) in subsection (a)(7)— 
(i) by striking ‘‘The term’’ and insert-
ing the following: 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term’’; and 
(ii) by adding at the end the following: 
‘‘(B) HIGH-COST AREAS.—The Commission 
shall, by regulation, establish a mechanism by 
which a participating provider in a high-cost 
area (as defined in section 60102(a)(2) of the In-
frastructure Investment and Jobs Act) may pro-
vide an affordable connectivity benefit in an 
amount up to the amount specified in subpara-
graph (A) for an internet service offering pro-
vided on Tribal land upon a showing that the 
applicability of the lower limit under subpara-
graph (A) to the provision of the affordable 
connectivity benefit by the provider would cause 
particularized economic hardship to the provider 
such that the provider may not be able to main-
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† HR 3684 EAS 
tain the operation of part or all of its broadband 
network.’’; 
(B) in subsection (b)— 
(i) by redesignating paragraphs (7) 
through (10) as paragraphs (12) through 
(15), respectively; 
(ii) by inserting after paragraph (6) 
the following: 
‘‘(7) REQUIREMENT TO ALLOW CUSTOMERS TO 
APPLY AFFORDABLE CONNECTIVITY BENEFIT TO ANY 
INTERNET SERVICE OFFERING.— 
‘‘(A) IN
GENERAL.—A participating pro-
vider— 
‘‘(i) shall allow an eligible household to 
apply the affordable connectivity benefit to 
any internet service offering of the partici-
pating provider at the same terms available 
to households that are not eligible house-
holds; and 
‘‘(ii) may not require the eligible 
household to submit to a credit check in 
order to apply the affordable connectivity 
benefit to an internet service offering of the 
participating provider.
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‘‘(B) NONPAYMENT.—Nothing in subpara-
graph (A) shall prevent a participating provider 
from terminating the provision of broadband 
internet access service to a subscriber after 90 
days of nonpayment. 
‘‘(8) PUBLIC AWARENESS.—A participating pro-
vider, in collaboration with the applicable State agen-
cies, public interest groups, and non-profit organiza-
tions, in order to increase the adoption of broadband 
internet access service by consumers, shall carry out 
public awareness campaigns in service areas that are 
designed to highlight— 
‘‘(A) the value and benefits of broadband 
internet access service; and 
‘‘(B) 
the 
existence 
of 
the 
Affordable 
Connectivity Program. 
‘‘(9) OVERSIGHT.—The Commission— 
‘‘(A) shall establish a dedicated complaint 
process for consumers who participate in the Af-
fordable Connectivity Program to file complaints 
about the compliance of participating providers 
with, including with respect to the quality of 
service received under, the Program; 
‘‘(B) shall require a participating provider 
to supply information about the existence of the
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complaint process described in subparagraph (A) 
to subscribers who participate in the Affordable 
Connectivity Program; 
‘‘(C)(i) shall act expeditiously to investigate 
potential violations of and enforce compliance 
with this section, including under clause (ii) of 
this subparagraph; and 
‘‘(ii) in enforcing compliance with this sec-
tion, may impose forfeiture penalties under sec-
tion 503 of the Communications Act of 1934 (47 
U.S.C. 503); and 
‘‘(D) shall regularly issue public reports 
about complaints regarding the compliance of 
participating providers with the Affordable 
Connectivity Program. 
‘‘(10) 
INFORMATION
ON
AFFORDABLE 
CONNECTIVITY PROGRAM.— 
‘‘(A) PARTICIPATING PROVIDERS.—When a 
customer subscribes to, or renews a subscription 
to, an internet service offering of a participating 
provider, the participating provider shall notify 
the customer about the existence of the Affordable 
Connectivity Program and how to enroll in the 
Program.
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† HR 3684 EAS 
‘‘(B) FEDERAL
AGENCIES.—The Commis-
sion shall collaborate with relevant Federal agen-
cies, including to ensure relevant Federal agen-
cies update their System of Records Notices, to 
ensure that a household that participates in any 
program that qualifies the household for the Af-
fordable Connectivity Program is provided infor-
mation about the Program, including how to en-
roll in the Program. 
‘‘(C) COMMISSION OUTREACH.— 
‘‘(i) IN
GENERAL.—The Commission 
may conduct outreach efforts to encourage 
eligible households to enroll in the Afford-
able Connectivity Program. 
‘‘(ii) ACTIVITIES.—In carrying out 
clause (i), the Commission may— 
‘‘(I) facilitate consumer research; 
‘‘(II) conduct focus groups; 
‘‘(III) engage in paid media cam-
paigns; 
‘‘(IV) provide grants to outreach 
partners; and 
‘‘(V) provide an orderly transition 
for participating providers and con-
sumers from the Emergency Broadband
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† HR 3684 EAS 
Benefit Program established under 
paragraph (1) (as that paragraph was 
in effect on the day before the date of 
enactment of the Infrastructure Invest-
ment and Jobs Act) to the Affordable 
Connectivity Program. 
‘‘(11) CONSUMER PROTECTION ISSUES.— 
‘‘(A) IN GENERAL.—The Commission shall, 
after providing notice and opportunity for com-
ment in accordance with section 553 of title 5, 
United States Code, promulgate rules to protect 
consumers who participate in, or seek to partici-
pate in, the Affordable Connectivity Program 
from— 
‘‘(i) 
inappropriate 
upselling 
or 
downselling by a participating provider; 
‘‘(ii) inappropriate requirements that 
a consumer opt in to an extended service 
contract as a condition of participating in 
the Affordable Connectivity Program; 
‘‘(iii) inappropriate restrictions on the 
ability of a consumer to switch internet 
service offerings or otherwise apply support 
from the Affordable Connectivity Program
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† HR 3684 EAS 
to a different internet service offering with 
a participating provider; 
‘‘(iv) inappropriate restrictions on the 
ability of a consumer to switch partici-
pating providers, other than a requirement 
that the customer return any customer 
premises equipment provided by a partici-
pating provider; and 
‘‘(v) similar restrictions that amount 
to unjust and unreasonable acts or practices 
that undermine the purpose, intent, or in-
tegrity of the Affordable Connectivity Pro-
gram. 
‘‘(B) EXCEPTIONS.—In complying with this 
paragraph, the Commission may take advantage 
of the exceptions set forth in subsections (e) and 
(f).’’; and 
(iii) in paragraph (14), as so redesig-
nated, by striking ‘‘paragraph (7)’’ and in-
serting ‘‘paragraph (12)’’. 
(b) 
DELAYED
AMENDMENTS
TO
AFFORDABLE 
CONNECTIVITY PROGRAM.— 
(1) IN GENERAL.—Effective on the date on which 
the Commission submits the certification required 
under paragraph (4), or December 31, 2021, which-
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† HR 3684 EAS 
ever is earlier, section 904 of division N of the Con-
solidated Appropriations Act, 2021 (Public Law 116– 
260), as amended by subsection (a) of this section, is 
amended— 
(A) in subsection (a)— 
(i) in paragraph (6)— 
(I) in subparagraph (A), by in-
serting before the semicolon at the end 
the following: ‘‘except that such sub-
section (a), including for purposes of 
such subsection (b), shall be applied by 
substituting ‘200 percent’ for ‘135 per-
cent’ ’’; 
(II) by striking subparagraph (C); 
(III) by redesignating subpara-
graphs (D) and (E) as subparagraphs 
(C) and (D), respectively; 
(IV) in subparagraph (C), as so 
redesignated, by striking ‘‘or’’ at the 
end; 
(V) in subparagraph (D), as so 
redesignated— 
(aa) by striking ‘‘or COVID– 
19’’; and
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† HR 3684 EAS 
(bb) by striking the period at 
the end and inserting ‘‘; or’’; and 
(VI) by adding at the end the fol-
lowing: 
‘‘(E) at least one member of the household 
receives assistance through the special supple-
mental nutritional program for women, infants, 
and children established by section 17 of the 
Child Nutrition Act of 1996 (42 U.S.C. 1786).’’; 
(ii) in paragraph (7)— 
(I) by striking ‘‘which shall be no 
more than the standard rate for an 
internet service offering and associated 
equipment,’’; and 
(II) by striking ‘‘$50’’ and insert-
ing ‘‘$30’’; 
(iii) in paragraph (8), as so redesig-
nated by subsection (a) of this section, by 
striking ‘‘, offered in the same manner, and 
on the same terms, as described in any of 
such provider’s offerings for broadband 
internet access service to such household, as 
on December 1, 2020’’; and
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† HR 3684 EAS 
(iv) by striking paragraph (12), as so 
redesignated by subsection (a) of this sec-
tion; and 
(B) in subsection (b)(6)— 
(i) by striking subparagraph (A); 
(ii) by redesignating subparagraphs 
(B), (C), and (D) as subparagraphs (A), 
(B), and (C), respectively; and 
(iii) in subparagraph (A), as so redes-
ignated— 
(I) by striking clause (i); and 
(II) by redesignating clauses (ii), 
(iii), and (iv) as clauses (i), (ii), and 
(iii), respectively. 
(2) APPLICABILITY
OF
AMENDMENT
TO
ELIGI-
BILITY.— A household that qualified for the Afford-
able Connectivity Program under section 904 of divi-
sion N of the Consolidated Appropriations Act, 2021 
(Public Law 116–260) before the effective date in 
paragraph (1) and, as of that effective date, would, 
but for this subparagraph, see a reduction in the 
amount of the affordable connectivity benefit under 
the Program, shall, during the 60-day period begin-
ning on that effective date, be eligible for the afford-
able connectivity benefit in the amount in effect with
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† HR 3684 EAS 
respect to that household, as of the day before that ef-
fective date. 
(3) TRANSITION.—After the effective date under 
paragraph (1), an eligible household that was partici-
pating in the Emergency Broadband Benefit Program 
under section 904 of division N of the Consolidated 
Appropriations Act, 2021 (Public Law 116–260) on 
the day before the date of enactment of this Act and 
qualifies for the Affordable Connectivity Program es-
tablished under that section (as amended by this sec-
tion) shall continue to have access to an affordable 
service offering. 
(4) CERTIFICATION REQUIRED.—On the date on 
which the amounts appropriated under section 
904(i)(2) of division N of the Consolidated Appro-
priations Act, 2021 (Public Law 116–260) have been 
fully expended, the Commission shall submit to Con-
gress a certification regarding that fact. 
(c) BROADBAND TRANSPARENCY RULES.— 
(1) RULES.—Not later than 1 year after the date 
of enactment of this Act, the Commission shall issue 
final rules regarding the annual collection by the 
Commission of data relating to the price and sub-
scription rates of each internet service offering of a 
participating 
provider 
under 
the 
Affordable
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† HR 3684 EAS 
Connectivity Program established under section 904 
of division N of the Consolidated Appropriations Act, 
2021 (Public Law 116–260) (as amended by this sec-
tion) to which an eligible household subscribes. 
(2) UPDATES.—Not later than 180 days after the 
date on which rules are issued under paragraph (1), 
and when determined to be necessary by the Commis-
sion thereafter, the Commission shall revise the rules 
to verify the accuracy of data submitted pursuant to 
the rules. 
(3) REDUNDANCY AVOIDANCE.—Nothing in this 
subsection shall be construed to require the Commis-
sion, in order to meet a requirement of this sub-
section, to duplicate an activity that the Commission 
is undertaking as of the date of enactment of this Act, 
if— 
(A) the Commission refers to the activity in 
the rules issued under paragraph (1); 
(B) the activity meets the requirements of 
this subsection; and 
(C) the Commission discloses the activity to 
the public. 
(4) AVAILABILITY OF DATA.— 
(A) PUBLIC
AVAILABILITY.—The Commis-
sion shall make data relating to broadband
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† HR 3684 EAS 
internet access service collected under the rules 
issued under paragraph (1) available to the pub-
lic in a commonly used electronic format without 
risking the disclosure of personally identifiable 
information or proprietary information, con-
sistent with section 0.459 of title 47, Code of 
Federal Regulations (or any successor regula-
tion). 
(B) DETERMINATION OF PERSONALLY IDEN-
TIFIABLE INFORMATION.—The Commission— 
(i) shall define the term ‘‘personally 
identifiable information’’, for purposes of 
subparagraph (A) through notice and com-
ment rulemaking; and 
(ii) may not make any data available 
to the public under subparagraph (A) before 
completing the rulemaking under clause (i) 
of this subparagraph. 
(d) GUIDANCE.—The Commission may issue such 
guidance, forms, instructions, or publications, or provide 
such technical assistance, as may be necessary or appro-
priate to carry out the programs, projects, or activities au-
thorized under this section and the amendments made by 
this section, including to ensure that such programs,
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† HR 3684 EAS 
projects, or activities are completed in a timely and effective 
manner. 
(e) COORDINATION.—The Secretary of Agriculture, the 
Secretary of Education, and the Secretary of Health and 
Human Services shall— 
(1) not later than 60 days after the date of en-
actment of this Act, enter into a memorandum of un-
derstanding with the Universal Service Administra-
tive Company to provide for the expeditious sharing 
of data through the National Verifier (as that term is 
defined in section 54.400 of title 47, Code of Federal 
Regulations, or any successor regulation), or any suc-
cessor system, for the purposes of verifying consumer 
eligibility for the program established under section 
904 of division N of the Consolidated Appropriations 
Act, 2021 (Public Law 116–260), as amended by this 
section; and 
(2) not later than 90 days after the date of en-
actment of this Act, begin to share data under the 
memorandum of understanding described in para-
graph (1) for the purposes described in that para-
graph.
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† HR 3684 EAS 
SEC. 60503. COORDINATION WITH CERTAIN OTHER FED-
ERAL AGENCIES. 
Section 804(b)(2) of the Communications Act of 1934 
(47 U.S.C. 644(b)(2)), as added by section 2 of the 
Broadband DATA Act (Public Law 116–130), is amend-
ed— 
(1) in subparagraph (A), by adding ‘‘and’’ at the 
end; and 
(2) by striking subparagraphs (B) and (C) and 
inserting the following: 
‘‘(B) coordinate with the Postmaster Gen-
eral, the heads of other Federal agencies that op-
erate delivery fleet vehicles, and the Director of 
the Bureau of the Census for assistance with 
data collection whenever coordination could fea-
sibly yield more specific geographic data.’’. 
SEC. 60504. ADOPTION OF CONSUMER BROADBAND LABELS. 
(a) FINAL RULE.—Not later than 1 year after the date 
of enactment of this Act, the Commission shall promulgate 
regulations to require the display of broadband consumer 
labels, as described in the Public Notice of the Commission 
issued on April 4, 2016 (DA 16–357), to disclose to con-
sumers information regarding broadband internet access 
service plans. 
(b) INTRODUCTORY RATE INFORMATION.—
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† HR 3684 EAS 
(1) IN GENERAL.—The broadband consumer label 
required under subsection (a) shall also include infor-
mation regarding whether the offered price is an in-
troductory rate and, if so, the price the consumer will 
be required to pay following the introductory period. 
(2) USE IN BROADBAND DATA COLLECTION.—The 
Commission shall rely on the price information dis-
played on the broadband consumer label required 
under subsection (a) for any collection of data relat-
ing to the price and subscription rates of each covered 
broadband internet access service under section 
60502(c). 
(c) HEARINGS.—In issuing the final rule under sub-
section (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 informa-
tion regarding broadband internet access service 
plans, including the disclosures required under section 
8.1 of title 47, Code of Federal Regulations, are avail-
able, effective, and sufficient. 
SEC. 60505. GAO REPORT. 
(a) DEFINITIONS.—In this section, the term ‘‘appro-
priate committees of Congress’’ means—
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† HR 3684 EAS 
(1) the Committee on Appropriations of the Sen-
ate; 
(2) the Committee on Appropriations of the 
House of Representatives; 
(3) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(4) the Committee on Environment and Public 
Works of the Senate; 
(5) the Committee on Agriculture, Nutrition, and 
Forestry of the Senate; 
(6) the Committee on Energy and Commerce of 
the House of Representatives; 
(7) the Committee on Agriculture of the House of 
Representatives; and 
(8) the Committee on Transportation and Infra-
structure of the House of the Representatives. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United 
States shall submit to the appropriate committees of Con-
gress a report that evaluates the process used by the Com-
mission for establishing, reviewing, and updating the 
upload and download speed thresholds for broadband inter-
net access service, including— 
(1) how the Commission reviews and updates 
broadband internet access speed thresholds;
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† HR 3684 EAS 
(2) whether the Commission should consider fu-
ture 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 5-year period and the 10-year period 
after the date on which a broadband internet access 
service speed threshold is to be established; and 
(3) whether the Commission should consider the 
impacts of changing uses of the internet in estab-
lishing, reviewing, or updating broadband internet 
access service speed thresholds, including— 
(A) the proliferation of internet-based busi-
ness; 
(B) working remotely and running a busi-
ness from home; 
(C) video teleconferencing; 
(D) distance learning; 
(E) in-house web hosting; and 
(F) cloud data storage. 
SEC. 60506. DIGITAL DISCRIMINATION. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States that, insofar as technically and economically 
feasible—
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† HR 3684 EAS 
(1) subscribers should benefit from equal access 
to broadband internet access service within the service 
area of a provider of such service; 
(2) the term ‘‘equal access’’, for purposes of this 
section, means the equal opportunity to subscribe to 
an offered service that provides comparable speeds, ca-
pacities, latency, and other quality of service metrics 
in a given area, for comparable terms and conditions; 
and 
(3) the Commission should take steps to ensure 
that all people of the United States benefit from equal 
access to broadband internet access service. 
(b) ADOPTION OF RULES.—Not later than 2 years 
after the date of enactment of this Act, the Commission shall 
adopt final rules to facilitate equal access to broadband 
internet access service, taking into account the issues of 
technical and economic feasibility presented by that objec-
tive, including— 
(1) preventing digital discrimination of access 
based on income level, race, ethnicity, color, religion, 
or national origin; and 
(2) identifying necessary steps for the Commis-
sions to take to eliminate discrimination described in 
paragraph (1).
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(c) FEDERAL POLICIES.—The Commission and the At-
torney General shall ensure that Federal policies promote 
equal access to robust broadband internet access service by 
prohibiting deployment discrimination based on— 
(1) the income level of an area; 
(2) the predominant race or ethnicity composi-
tion of an area; or 
(3) other factors the Commission determines to 
be relevant based on the findings in the record devel-
oped from the rulemaking under subsection (b). 
(d) MODEL STATE AND LOCAL POLICIES.—The Com-
mission shall develop model policies and best practices that 
can be adopted by States and localities to ensure that 
broadband internet access service providers do not engage 
in digital discrimination. 
(e) COMPLAINTS.—The Commission shall revise its 
public complaint process to accept complaints from con-
sumers or other members of the public that relate to digital 
discrimination. 
TITLE 
VI—TELECOMMUNI-
CATIONS 
INDUSTRY 
WORK-
FORCE 
SEC. 60601. SHORT TITLE. 
This title may be cited as the ‘‘Telecommunications 
Skilled Workforce Act’’.
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SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORK-
ING GROUP. 
(a) IN GENERAL.—Part I of title III of the Commu-
nications Act of 1934 (47 U.S.C. 301 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 344. TELECOMMUNICATIONS INTERAGENCY WORKING 
GROUP. 
‘‘(a) DEFINITION.—In this section, the term ‘tele-
communications interagency working group’ means the 
interagency working group established under subsection 
(b)(1). 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this section, the Chairman of 
the Commission, in partnership with the Secretary of 
Labor, shall establish within the Commission an 
interagency working group to develop recommenda-
tions to address the workforce needs of the tele-
communications industry, including the safety of that 
workforce. 
‘‘(2) DATE
OF
ESTABLISHMENT.—The tele-
communications interagency working group shall be 
considered established on the date on which a major-
ity of the members of the working group have been 
appointed, consistent with subsection (d).
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‘‘(c) DUTIES.—In developing recommendations under 
subsection (b), the telecommunications interagency working 
group shall— 
‘‘(1) determine whether, and if so how, any Fed-
eral laws, regulations, guidance, policies, or practices, 
or any budgetary constraints, may be amended to 
strengthen the ability of institutions of higher edu-
cation (as defined in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001)) or for-profit 
businesses to establish, adopt, or expand programs in-
tended to address the workforce needs of the tele-
communications industry, including the workforce 
needed to build and maintain the 5G wireless infra-
structure necessary to support 5G wireless technology; 
‘‘(2) identify potential policies and programs 
that could encourage and improve coordination 
among Federal agencies, between Federal agencies 
and States, and among States, on telecommunications 
workforce needs; 
‘‘(3) identify ways in which existing Federal 
programs, including programs that help facilitate the 
employment of veterans and military personnel 
transitioning into civilian life, could be leveraged to 
help address the workforce needs of the telecommuni-
cations industry;
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‘‘(4) identify ways to improve recruitment in 
workforce development programs in the telecommuni-
cations industry; 
‘‘(5) identify Federal incentives that could be 
provided to institutions of higher education, for-profit 
businesses, State workforce development boards estab-
lished under section 101 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3111), or other rel-
evant stakeholders to establish or adopt new pro-
grams, expand current programs, or partner with reg-
istered apprenticeship programs, to address the work-
force needs of the telecommunications industry, in-
cluding such needs in rural areas; 
‘‘(6) identify ways to improve the safety of tele-
communications workers, including tower climbers; 
and 
‘‘(7) identify ways that trends in wages, benefits, 
and working conditions in the telecommunications in-
dustry impact recruitment of employees in the sector. 
‘‘(d) MEMBERS.—The telecommunications interagency 
working group shall be composed of the following represent-
atives of Federal agencies and relevant non-Federal indus-
try and labor stakeholder organizations: 
‘‘(1) A representative of the Department of Edu-
cation, appointed by the Secretary of Education.
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‘‘(2) A representative of the National Tele-
communications and Information Administration, 
appointed by the Assistant Secretary of Commerce for 
Communications and Information. 
‘‘(3) A representative of the Commission, ap-
pointed by the Chairman of the Commission. 
‘‘(4) A representative of a registered apprentice-
ship program in construction or maintenance, ap-
pointed by the Secretary of Labor. 
‘‘(5) A representative of a telecommunications 
industry association, appointed by the Chairman of 
the Commission. 
‘‘(6) A representative of an Indian Tribe or 
Tribal organization, appointed by the Chairman of 
the Commission. 
‘‘(7) A representative of a rural telecommuni-
cations carrier, appointed by the Chairman of the 
Commission. 
‘‘(8) A representative of a telecommunications 
contractor firm, appointed by the Chairman of the 
Commission. 
‘‘(9) A representative of an institution of higher 
education described in section 371(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1067q(a)), ap-
pointed by the Secretary of Education.
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‘‘(10) A public interest advocate for tower climb-
er safety, appointed by the Secretary of Labor. 
‘‘(11) A representative of the Directorate of Con-
struction of the Occupational Safety and Health Ad-
ministration, appointed by the Secretary of Labor. 
‘‘(12) A representative of a labor organization 
representing the telecommunications workforce, ap-
pointed by the Secretary of Labor. 
‘‘(e) NO COMPENSATION.—A member of the tele-
communications interagency working group shall serve 
without compensation. 
‘‘(f) OTHER MATTERS.— 
‘‘(1) CHAIR AND VICE CHAIR.—The telecommuni-
cations interagency working group shall name a chair 
and a vice chair, who shall be responsible for orga-
nizing the business of the working group. 
‘‘(2) SUBGROUPS.—The chair and vice chair of 
the telecommunications interagency working group, 
in consultation with the other members of the tele-
communications interagency working group, may es-
tablish such subgroups as necessary to help conduct 
the work of the telecommunications interagency work-
ing group. 
‘‘(3) SUPPORT.—The Commission and the Sec-
retary of Labor may detail employees of the Commis-
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sion and the Department of Labor, respectively, to as-
sist and support the work of the telecommunications 
interagency working group, though such a detailee 
shall not be considered to be a member of the working 
group. 
‘‘(g) REPORT TO CONGRESS.— 
‘‘(1) REPORT TO CONGRESS.—Not later than 1 
year after the date on which the telecommunications 
interagency working group is established, the working 
group shall submit a report containing its rec-
ommendations to address the workforce needs of the 
telecommunications industry to— 
‘‘(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
‘‘(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
‘‘(C) the Committee on Energy and Com-
merce of the House of Representatives; 
‘‘(D) the Committee on Education and 
Labor of the House of Representatives; 
‘‘(E) the Department of Labor; and 
‘‘(F) the Commission. 
‘‘(2) MAJORITY
SUPPORT.—The telecommuni-
cations interagency working group may not submit 
the report under paragraph (1) unless the report has
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the support of not less than the majority of the mem-
bers of the working group. 
‘‘(3) VIEWS.—The telecommunications inter-
agency working group shall— 
‘‘(A) include with the report submitted 
under paragraph (1) any concurring or dis-
senting view offered by a member of the working 
group; and 
‘‘(B) identify each member to whom each 
concurring or dissenting view described in sub-
paragraph (A) should be attributed. 
‘‘(4) PUBLIC
POSTING.—The Commission and 
the Secretary of Labor shall make a copy of the report 
submitted under paragraph (1) available to the public 
on the websites of the Commission and the Depart-
ment of Labor, respectively. 
‘‘(h) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
the telecommunications interagency working group.’’. 
(b) SUNSET.—Section 344 of the Communications Act 
of 1934, as added by subsection (a), shall be repealed on 
the day after the date on which the interagency working 
group established under subsection (b)(1) of that section 
submits the report to Congress under subsection (g) of that 
section.
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SEC. 60603. TELECOMMUNICATIONS WORKFORCE GUID-
ANCE. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary of Labor, in partnership with the 
Chairman of the Federal Communications Commission, 
shall establish and issue guidance on how States can ad-
dress the workforce needs and safety of the telecommuni-
cations industry, including guidance on how a State work-
force development board established under section 101 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3111) can— 
(1) utilize Federal resources available to States 
to meet the workforce needs of the telecommunications 
industry; 
(2) promote and improve recruitment in work-
force development programs in the telecommuni-
cations industry; and 
(3) ensure the safety of the telecommunications 
workforce, including tower climbers. 
SEC. 60604. GAO ASSESSMENT OF WORKFORCE NEEDS OF 
THE TELECOMMUNICATIONS INDUSTRY. 
(a) DEFINITIONS.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate;
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(2) the Committee on Health, Education, Labor, 
and Pensions of the Senate; 
(3) the Committee on Energy and Commerce of 
the House of Representatives; and 
(4) the Committee on Education and Labor of 
the House of Representatives. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate congressional 
committees a report that estimates the number of skilled 
telecommunications workers that will be required to build 
and maintain— 
(1) broadband infrastructure in rural areas, in-
cluding estimates based on— 
(A) current need; and 
(B) projected need, if Congress enacts legis-
lation that accelerates broadband infrastructure 
construction in the United States; and 
(2) the wireless infrastructure needed to support 
5G wireless technology.
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DIVISION G—OTHER 
AUTHORIZATIONS 
TITLE I—INDIAN WATER RIGHTS 
SETTLEMENT 
COMPLETION 
FUND 
SEC. 70101. INDIAN WATER RIGHTS SETTLEMENT COMPLE-
TION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Indian Water Rights Settlement Completion Fund’’ (re-
ferred to in this section as the ‘‘Fund’’). 
(b) DEPOSITS.— 
(1) IN GENERAL.—On the later of October 1, 
2021, and the date of enactment of this Act, out of 
any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall deposit in 
the Fund $2,500,000,000, to remain available until 
expended. 
(2) AVAILABILITY.—Amounts deposited in the 
Fund under paragraph (1) shall be available to the 
Secretary of the Interior, without further appropria-
tion or fiscal year limitation, for the uses described 
in subsection (c). 
(c) USES.—Subject to subsection (d), amounts depos-
ited in the Fund under subsection (b) shall be used by the
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Secretary of the Interior for transfers to funds or accounts 
authorized to receive discretionary appropriations, or to 
satisfy other obligations identified by the Secretary of the 
Interior, under an Indian water settlement approved and 
authorized by an Act of Congress before the date of enact-
ment of this Act. 
(d) SCOPE OF TRANSFERS.— 
(1) IN
GENERAL.—Transfers authorized under 
subsection (c) shall be made in such amounts as are 
determined by the Secretary of the Interior to be ap-
propriate to satisfy the obligations of the United 
States, including appropriate indexing, pursuant to 
the applicable Indian water settlement. 
(2) SEQUENCE AND TIMING.—The Secretary of 
the Interior shall have the discretion to determine the 
sequence and timing of transfers from the Fund under 
subsection (c) in order to substantially complete the 
eligible Indian water settlements as expeditiously as 
practicable. 
TITLE II—WILDFIRE MITIGATION 
SEC. 70201. SHORT TITLE. 
This title may be cited as the ‘‘Wildland Fire Mitiga-
tion and Management Commission Act of 2021’’. 
SEC. 70202. DEFINITIONS. 
In this title:
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(1) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Energy and Natural 
Resources of the Senate; 
(B) the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate; 
(C) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(D) the Committee on Appropriations of the 
Senate; 
(E) the Committee on Environment and 
Public Works of the Senate; 
(F) the Committee on Natural Resources of 
the House of Representatives; 
(G) the Committee on Agriculture of the 
House of Representatives; 
(H) the Committee on Homeland Security 
of the House of Representatives; 
(I) the Committee on Appropriations of the 
House of Representatives; 
(J) the Committee on Ways and Means of 
the House of Representatives; and 
(K) the Committee on Natural Resources of 
the House of Representatives.
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(2) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the commission established under section 
70203(a). 
(3) HIGH-RISK INDIAN TRIBAL GOVERNMENT.— 
The term ‘‘high-risk Indian tribal government’’ means 
an Indian tribal government, during not fewer than 
4 of the 5 years preceding the date of enactment of 
this Act— 
(A) that received fire management assist-
ance under section 420 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5187); or 
(B) land of which included an area for 
which the President declared a major disaster for 
fire in accordance with section 401 of that Act 
(42 U.S.C. 5170). 
(4) HIGH-RISK
STATE.—The term ‘‘high-risk 
State’’ means a State that, during not fewer than 4 
of the 5 years preceding the date of enactment of this 
Act— 
(A) received fire management assistance 
under section 420 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5187); or
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(B) included an area for which the Presi-
dent declared a major disaster for fire in accord-
ance with section 401 of that Act (42 U.S.C. 
5170). 
(5) INDIAN
TRIBAL
GOVERNMENT.—The term 
‘‘Indian tribal government’’ has the meaning given 
the term in section 102 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5122). 
(6) 
SECRETARIES.—The 
term 
‘‘Secretaries’’ 
means— 
(A) the Secretary of the Interior; 
(B) the Secretary of Agriculture; and 
(C) the Secretary of Homeland Security, 
acting through the Administrator of the Federal 
Emergency Management Agency. 
(7) STATE.—The term ‘‘State’’ has the meaning 
given the term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122). 
(8) WILDLAND-URBAN
INTERFACE.—The term 
‘‘wildland-urban interface’’ has the meaning given the 
term in section 101 of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6511).
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SEC. 70203. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—Not later than 30 days after 
the date of enactment of this Act, the Secretaries shall joint-
ly establish a commission to study and make recommenda-
tions to improve Federal policies relating to— 
(1) the prevention, mitigation, suppression, and 
management of wildland fires in the United States; 
and 
(2) the rehabilitation of land in the United 
States devastated by wildland fires. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of— 
(A) each of the Secretaries (or designees), 
who shall jointly serve as the co-chairpersons of 
the Commission; 
(B) 9 representatives of Federal depart-
ments or agencies, to be appointed by the Secre-
taries, including— 
(i) not fewer than 1 representative 
from each of— 
(I) the Bureau of Land Manage-
ment; 
(II) the National Park Service; 
(III) the Bureau of Indian Af-
fairs;
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(IV) the United States Fish and 
Wildlife Service; and 
(V) the Forest Service; 
(ii) a representative of or liaison to the 
Mitigation Framework Leadership Group of 
the Federal Emergency Management Agen-
cy; 
(iii) a representative to the National 
Interagency Coordination Center, which is 
part of the National Wildfire Coordination 
Group; 
(iv) a representative from 1 of the co-
ordinating agencies of the Recovery Support 
Function Leadership Group; and 
(v) if the Secretaries determine it to be 
appropriate, a representative of any other 
Federal department or agency, such as the 
Department of Energy, the Environmental 
Protection Agency, or the Department of 
Defense; and 
(C) 18 non-Federal stakeholders with exper-
tise in wildland fire preparedness, mitigation, 
suppression, or management, who collectively 
have a combination of backgrounds, experiences, 
and viewpoints and are representative of rural,
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urban, and suburban areas, to be appointed by 
the Secretaries, including— 
(i) not fewer than 1 State hazard miti-
gation officer of a high-risk State (or a des-
ignee); 
(ii) with preference given to represent-
atives from high-risk States and high-risk 
Indian tribal governments, not fewer than 1 
representative from each of— 
(I) a State department of natural 
resources, forestry, or agriculture or a 
similar State agency; 
(II) a State department of energy 
or a similar State agency; 
(III) a county government, with 
preference given to counties at least a 
portion of which is in the wildland- 
urban interface; and 
(IV) a municipal government, 
with preference given to municipalities 
at least a portion of which is in the 
wildland-urban interface; 
(iii) with preference given to represent-
atives from high-risk States and high-risk
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Indian tribal governments, not fewer than 1 
representative from each of— 
(I) the public utility industry; 
(II) the property development in-
dustry; 
(III) Indian tribal governments; 
(IV) wildland firefighters; and 
(V) an organization— 
(aa) 
described 
in 
section 
501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from 
taxation under section 501(a) of 
that Code; and 
(bb) with expertise in forest 
management and environmental 
conservation; 
(iv) not greater than 2 other appro-
priate non-Federal stakeholders, which may 
include the private sector; and 
(v) any other appropriate non-Federal 
stakeholders, which may include the private 
sector, with preference given to non-Federal 
stakeholders from high-risk States and high- 
risk Indian tribal governments.
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(2) STATE
LIMITATION.—Each member of the 
Commission appointed under clauses (i) and (ii) of 
paragraph (1)(C) shall represent a different State. 
(3) DATE.—The appointments of the members of 
the Commission shall be made not later than 60 days 
after the date of enactment of this Act. 
(c) PERIOD OF APPOINTMENT; VACANCIES.— 
(1) IN GENERAL.—A member of the Commission 
shall be appointed for the life of the Commission. 
(2) VACANCIES.—A vacancy in the Commis-
sion— 
(A) shall not affect the powers of the Com-
mission; and 
(B) shall be filled in the same manner as 
the original appointment. 
(d) MEETINGS.— 
(1) INITIAL MEETING.—Not later than 30 days 
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold 
the first meeting of the Commission. 
(2) FREQUENCY.—The Commission shall meet 
not less frequently than once every 30 days. 
(3) TYPE.—The Commission may hold meetings, 
and a member of the Commission may participate in
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a meeting, remotely through teleconference, video con-
ference, or similar means. 
(4) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser 
number of members may hold hearings. 
SEC. 70204. DUTIES OF COMMISSION. 
(a) REPORT ON RECOMMENDATIONS TO MITIGATE AND 
MANAGE WILDLAND FIRES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the first meeting of the Commission, the 
Commission shall submit to the appropriate commit-
tees of Congress a report describing recommendations 
to prevent, mitigate, suppress, and manage wildland 
fires, including— 
(A) policy recommendations, including rec-
ommendations— 
(i) to maximize the protection of 
human life, community water supplies, 
homes, and other essential structures, which 
may include recommendations to expand 
the use of initial attack strategies; 
(ii) to facilitate efficient short- and 
long-term forest management in residential 
and nonresidential at-risk areas, which
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may include a review of community wild-
fire protection plans; 
(iii) to manage the wildland-urban 
interface; 
(iv) to manage utility corridors; 
(v) to rehabilitate land devastated by 
wildland fire; and 
(vi) to improve the capacity of the Sec-
retary of Agriculture and the Secretary of 
the Interior to conduct hazardous fuels re-
duction projects; 
(B) policy recommendations described in 
subparagraph (A) with respect to any rec-
ommendations for— 
(i) categorical exclusions from the re-
quirement to prepare an environmental im-
pact statement or analysis under the Na-
tional Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); or 
(ii) additional staffing or resources 
that may be necessary to more expeditiously 
prepare an environmental impact statement 
or analysis under that Act; 
(C) policy recommendations for modern-
izing and expanding the use of technology, in-
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cluding satellite technology, remote sensing, un-
manned aircraft systems, and any other type of 
emerging technology, to prevent, mitigate, sup-
press, and manage wildland fires, including any 
recommendations with respect to— 
(i) the implementation of section 1114 
of the John D. Dingell, Jr. Conservation, 
Management, 
and 
Recreation 
Act 
(43 
U.S.C. 1748b–1); or 
(ii) improving early wildland fire de-
tection; 
(D) an assessment of Federal spending on 
wildland fire-related disaster management, in-
cluding— 
(i) a description and assessment of 
Federal grant programs for States and 
units of local government for pre- and post- 
wildland fire disaster mitigation and recov-
ery, including— 
(I) the amount of funding pro-
vided under each program; 
(II) the effectiveness of each pro-
gram with respect to long-term forest 
management and maintenance; and
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(III) recommendations to improve 
the effectiveness of each program, in-
cluding with respect to— 
(aa) the conditions on the use 
of funds received under the pro-
gram; and 
(bb) the extent to which addi-
tional funds are necessary for the 
program; 
(ii) an evaluation, including rec-
ommendations to improve the effectiveness 
in mitigating wildland fires, which may in-
clude authorizing prescribed fires, of— 
(I) the Building Resilient Infra-
structure and Communities program 
under section 203 of the Robert T. 
Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5133); 
(II) the Pre-Disaster Mitigation 
program under that section (42 U.S.C. 
5133); 
(III) 
the 
Hazard 
Mitigation 
Grant Program under section 404 of 
that Act (42 U.S.C. 5170c);
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(IV) Hazard Mitigation Grant 
Program post-fire assistance under sec-
tions 404 and 420 of that Act (42 
U.S.C. 5170c, 5187); and 
(V) such other programs as the 
Commission determines to be appro-
priate; 
(iii) an assessment of the definition of 
‘‘small impoverished community’’ under sec-
tion 203(a) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act 
(42 U.S.C. 5133(a)), specifically— 
(I) the exclusion of the percentage 
of land owned by an entity other than 
a State or unit of local government; 
and 
(II) any related economic impact 
of that exclusion; and 
(iv) 
recommendations 
for 
Federal 
budgeting for wildland fires and post-wild-
fire recovery; 
(E) any recommendations for matters under 
subparagraph (A), (B), (C), or (D) specific to— 
(i) forest type, vegetation type, or for-
est and vegetation type; or
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(ii) State land, Tribal land, or private 
land; 
(F)(i) a review of the national strategy de-
scribed in the report entitled ‘‘The National 
Strategy: The Final Phase in the Development of 
the National Cohesive Wildland Fire Manage-
ment Strategy’’ and dated April 2014; and 
(ii) any recommendations for changes to 
that national strategy to improve its effective-
ness; and 
(G)(i) an evaluation of coordination of re-
sponse to, and suppression of, wildfires occurring 
on Federal, Tribal, State, and local land among 
Federal, Tribal, State, and local agencies with 
jurisdiction over that land; and 
(ii) any recommendations to improve the 
coordination described in clause (i). 
(2) SPECIFIC
POLICY
RECOMMENDATIONS.—To 
the maximum extent practicable, the report described 
in paragraph (1) shall include detailed short- and 
long-term policy recommendations, including any rec-
ommendations for Federal legislation. 
(3) INTERIM REPORTS.—Before the submission of 
the report under paragraph (1), on approval of all 
members of the Commission, the Commission may
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submit to the appropriate committees of Congress 1 or 
more interim reports, as the Commission determines 
to be appropriate, relating to any matters described 
in paragraph (1). 
(b) REPORT
ON AERIAL WILDLAND FIREFIGHTING 
EQUIPMENT STRATEGY AND INVENTORY ASSESSMENT.— 
(1) SUBMISSION OF INVENTORY TO THE COMMIS-
SION.—Not later than 45 days after the date on which 
the Commission holds the first meeting of the Com-
mission, the Secretary of Defense and the heads of 
other relevant Federal departments and agencies shall 
submit to the Commission an inventory of surplus 
cargo and passenger aircraft and excess common-use 
aircraft parts that may be used for wildland fire-
fighting purposes, excluding any aircraft or aircraft 
parts that are— 
(A) reasonably anticipated to be necessary 
for military operations, readiness, or fleet man-
agement in the future; or 
(B) already obligated for purposes other 
than fighting wildland fires. 
(2) SUBMISSION OF REPORT TO CONGRESS.—Not 
later than 90 days after the date on which the Com-
mission receives the inventory described in paragraph 
(1), the Commission shall submit to the appropriate
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committees of Congress a report outlining a strategy 
to meet aerial firefighting equipment needs through 
2030 in the most cost-effective manner, including— 
(A) an assessment of the expected number of 
aircraft and aircraft parts needed to fight 
wildland fires through 2030; 
(B) an assessment of existing authorities of 
the Secretary of Defense and the heads of other 
relevant Federal departments and agencies to 
provide or sell surplus aircraft or aircraft parts 
to Federal, State, or local authorities for 
wildland firefighting use, including— 
(i) a description of the current use of 
each existing authority; and 
(ii) a description of any additional au-
thorities that are needed for the Secretary of 
Defense and the heads of other relevant Fed-
eral departments and agencies to provide or 
sell surplus aircraft or aircraft parts to 
Federal, State, or local authorities for 
wildland firefighting use; and 
(C) recommendations to ensure the avail-
ability of aircraft and aircraft parts that the 
Commission expects will be necessary to fight
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wildland fires through 2030 in the most cost-ef-
fective manner. 
(3) CONSIDERATIONS FOR ACCESSING AIRCRAFT 
AND AIRCRAFT PARTS.—In developing the strategy in 
the report required under paragraph (2) and the rec-
ommendations under paragraph (2)(C), the Commis-
sion shall consider all private and public sector op-
tions for accessing necessary aircraft and aircraft 
parts, including procurement, contracting, retro-
fitting, and public-private partnerships. 
(4) UNCLASSIFIED REPORT.—The inventory and 
report submitted under paragraphs (1) and (2), re-
spectively— 
(A) shall be unclassified; but 
(B) may include a classified annex. 
(c) MAJORITY REQUIREMENT.—Not less than 2⁄3 of the 
members of the Commission shall approve the recommenda-
tions contained in each report submitted under subsection 
(a) or (b)(2). 
SEC. 70205. POWERS OF COMMISSION. 
(a) HEARINGS.—The Commission may hold such hear-
ings, sit and act at such times and places, take such testi-
mony, and receive such evidence as the Commission con-
siders advisable to carry out this title. 
(b) INFORMATION FROM FEDERAL AGENCIES.—
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(1) IN GENERAL.—The Commission may secure 
directly from a Federal department or agency such 
information as the Commission considers necessary to 
carry out this title. 
(2) FURNISHING INFORMATION.—On request of 
the Chairpersons of the Commission, the head of the 
department or agency shall furnish the information to 
the Commission. 
(c) POSTAL SERVICES.—The Commission may use the 
United States mails in the same manner and under the 
same conditions as other departments and agencies of the 
Federal Government. 
(d) GIFTS.—The Commission may accept, use, and 
dispose of such gifts or donations of services or property 
as the Commission considers necessary to carry out this 
title. 
SEC. 70206. COMMISSION PERSONNEL MATTERS. 
(a) NO COMPENSATION.—A member of the Commission 
shall serve without compensation. 
(b) TRAVEL EXPENSES.—A member of the Commission 
shall be allowed travel expenses, including per diem in lieu 
of subsistence, at rates authorized for employees of agencies 
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 Commission.
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(c) STAFF.— 
(1) IN GENERAL.—The Chairpersons of the Com-
mission may, without regard to the civil service laws 
(including regulations), appoint and terminate an ex-
ecutive director and such other additional personnel 
as may be necessary to enable the Commission to per-
form its duties, except that the employment of an ex-
ecutive director shall be subject to confirmation by the 
Commission. 
(2) COMPENSATION.—The Chairpersons of the 
Commission may fix the compensation of the execu-
tive director and other personnel without regard to 
chapter 51 and subchapter III of chapter 53 of title 
5, United States Code, relating to classification of po-
sitions and General Schedule pay rates, except that 
the rate of pay for the executive director and other 
personnel may not exceed the rate payable for level V 
of the Executive Schedule under section 5316 of that 
title. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—A Federal 
Government employee may be detailed to the Commission 
without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege. 
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairpersons of the Commission
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may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates for 
individuals that do not exceed the daily equivalent of the 
annual rate of basic pay prescribed for level V of the Execu-
tive Schedule under section 5316 of that title. 
SEC. 70207. TERMINATION OF COMMISSION. 
The Commission shall terminate on the date that is 
180 days after the date on which the Commission has sub-
mitted the reports under subsections (a) and (b) of section 
70204. 
TITLE III—REFORESTATION 
SEC. 70301. SHORT TITLE. 
This title may be cited as the ‘‘Repairing Existing 
Public Land by Adding Necessary Trees Act’’ or the ‘‘RE-
PLANT Act’’. 
SEC. 70302. REFORESTATION FOLLOWING WILDFIRES AND 
OTHER UNPLANNED EVENTS. 
(a) FOREST
AND
RANGELAND
RENEWABLE
RE-
SOURCES PLANNING ACT OF 1974.— 
(1) NATIONAL FOREST COVER POLICY.— 
(A) IN GENERAL.—Section 3 of the Forest 
and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1601) is amended— 
(i) by redesignating subsection (e) as 
subsection (f);
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(ii) by redesignating the second sub-
section (d) (relating to the policy of Con-
gress regarding forested land in the Na-
tional Forest System) as subsection (e); and 
(iii) in subsection (e) (as so redesig-
nated)— 
(I) in paragraph (2)— 
(aa) in the first sentence— 
(AA) by striking ‘‘9 of 
this Act, the Secretary shall 
annually for eight years fol-
lowing the enactment of this 
subsection’’ and inserting ‘‘9, 
the Secretary shall, annually 
during each of the 10 years 
beginning after the date of 
enactment of the REPLANT 
Act’’; and 
(BB) by striking ‘‘eight- 
year’’ and inserting ‘‘10- 
year’’; 
(bb) in the second sentence, 
by striking ‘‘such eight-year pe-
riod’’ and inserting ‘‘the 10-year 
period’’; and
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(cc) in the third sentence, by 
striking ‘‘1978’’ and inserting 
‘‘2021’’; 
(II) in paragraph (3), in the first 
sentence, by striking ‘‘subsection (d)’’ 
and inserting ‘‘subsection’’; and 
(III) by adding at the end the fol-
lowing: 
‘‘(4) REFORESTATION REQUIREMENTS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) NATURAL REGENERATION.— 
‘‘(I) IN GENERAL.—The term ‘nat-
ural regeneration’ means the establish-
ment of a tree or tree age class from 
natural seeding, sprouting, or suck-
ering in accordance with the manage-
ment objectives of an applicable land 
management plan. 
‘‘(II) INCLUSION.—The term ‘nat-
ural regeneration’ may include any 
site preparation activity to enhance the 
success of regeneration to the desired 
species composition and structure.