1386 
ties or projects to which the application relates; 
and 
(F) provides— 
(i) the assurances that are required 
under subsection (f); and 
(ii) an assurance that the entity shall 
follow such additional procedures as the 
Assistant Secretary may require to ensure 
that grant funds are used and accounted 
for in an appropriate manner. 
(d) AWARD OF GRANTS.— 
(1) FACTORS
CONSIDERED
IN
AWARD
OF 
GRANTS.—In deciding whether to award a grant 
under the Program, the Assistant Secretary shall, to 
the extent practicable, consider— 
(A) whether— 
(i) an application will, if approved— 
(I) increase access to broadband 
service and the adoption of broadband 
service among covered populations to 
be served by the applicant; and 
(II) not result in unjust enrich-
ment; and
1387 
(ii) the applicant is, or plans to sub-
contract with, a socially and economically 
disadvantaged small business concern; 
(B) the comparative geographic diversity of 
the application in relation to other eligible ap-
plications; and 
(C) the extent to which an application may 
duplicate or conflict with another program. 
(2) USE OF FUNDS.— 
(A) IN GENERAL.—In addition to the ac-
tivities required under subparagraph (B), an 
entity to which the Assistant Secretary awards 
a grant under the Program shall use the grant 
amounts to support not less than one of the fol-
lowing activities: 
(i) To develop and implement digital 
inclusion activities that benefit covered 
populations. 
(ii) To facilitate the adoption of 
broadband service by covered populations, 
including by raising awareness of subsidies 
available to increase affordability of such 
service 
(including 
subsidies 
available 
through the Lifeline program of the Com-
mission), in order to provide educational
1388 
and employment opportunities to those 
populations. 
(iii) To implement, consistent with the 
purposes of this chapter— 
(I) training programs for covered 
populations that cover basic, ad-
vanced, and applied skills; or 
(II) other workforce development 
programs. 
(iv) To make available equipment, in-
strumentation, networking capability, hard-
ware and software, or digital network tech-
nology for broadband service to covered 
populations at low or no cost. 
(v) To construct, upgrade, expend, or 
operate new or existing public access com-
puting centers for covered populations 
through anchor institutions. 
(vi) To undertake any other project or 
activity that the Assistant Secretary finds 
to be consistent with the purposes for 
which the Program is established. 
(B) EVALUATION.— 
(i) IN GENERAL.—An entity to which 
the Assistant Secretary awards a grant
1389 
under the Program shall use not more 
than 10 percent of the grant amounts to 
measure and evaluate the activities sup-
ported with the grant amounts. 
(ii) SUBMISSION TO ASSISTANT SEC-
RETARY.—An entity to which the Assistant 
Secretary awards a grant under the Pro-
gram shall submit to the Assistant Sec-
retary each measurement and evaluation 
performed under clause (i)— 
(I) in a manner specified by the 
Assistant Secretary; 
(II) not later than 15 months 
after the date on which the entity is 
awarded the grant amounts; and 
(III) annually after the submis-
sion described in subclause (II) for 
any year in which the entity expends 
grant amounts. 
(C) ADMINISTRATIVE COSTS.—An entity to 
which the Assistant Secretary awards a grant 
under the Program may use not more than 10 
percent of the amount of the grant for adminis-
trative costs in carrying out any of the activities 
described in subparagraph (A).
1390 
(D) TIME LIMITATIONS.—With respect to 
a grant awarded to an entity under the Pro-
gram, the entity— 
(i) except as provided in clause (ii), 
shall expend the grant amounts during the 
4-year period beginning on the date on 
which the entity is awarded the grant 
amounts; and 
(ii) during the 1-year period beginning 
on the date that is 4 years after the date 
on which the entity is awarded the grant 
amounts, may continue to measure and 
evaluate the activities supported with the 
grant amounts, as required under subpara-
graph (B). 
(E) CONTRACTING
REQUIREMENTS.—All 
laborers and mechanics employed by contractors 
or subcontractors in the performance of con-
struction, alteration, or repair work carried out, 
in whole or in part, with a grant under the Pro-
gram shall be paid wages at rates not less than 
those prevailing on projects of a similar char-
acter in the locality as determined by the Sec-
retary of Labor in accordance with subchapter 
IV of chapter 31 of title 40, United States
1391 
Code. With respect to the labor standards in 
this subparagraph, the Secretary of Labor shall 
have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of 
title 40, United States Code. 
(F) NEUTRALITY REQUIREMENT.—An em-
ployer to which the Assistant Secretary awards 
a grant under the Program shall remain neutral 
with respect to the exercise of employees and 
labor organizations of the right to organize and 
bargain under the National Labor Relations Act 
(29 U.S.C. 151 et seq.). 
(G) REFERRAL OF ALLEGED VIOLATIONS 
OF APPLICABLE FEDERAL LABOR AND EMPLOY-
MENT
LAWS.—The Assistant Secretary shall 
refer any alleged violation of an applicable labor 
and employment law to the appropriate Federal 
agency for investigation and enforcement, any 
alleged violation of subparagraph (E) or (F) to 
the National Labor Relations Board for inves-
tigation and enforcement, utilizing all appro-
priate remedies up to and including debarment 
from the Program. 
(e) FEDERAL SHARE.—
1392 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of any project for 
which the Assistant Secretary awards a grant under 
the Program may not exceed 90 percent. 
(2) EXCEPTION.—The Assistant Secretary may 
grant a waiver with respect to the limitation on the 
Federal share of a project described in paragraph 
(1) if— 
(A) the applicant with respect to the 
project petitions the Assistant Secretary for the 
waiver; and 
(B) the Assistant Secretary determines 
that the petition described in subparagraph (A) 
demonstrates financial need. 
(f) ASSURANCES.—When applying for a grant under 
this section, an entity shall include in the application for 
that grant assurances that the entity will— 
(1) use any grant funds that the entity is 
awarded in accordance with any applicable statute, 
regulation, or application procedure; 
(2) adopt and use proper methods of admin-
istering any grant that the entity is awarded, includ-
ing by— 
(A) enforcing any obligation imposed under 
law on any agency, institution, organization, or
1393 
other entity that is responsible for carrying out 
a program to which the grant relates; 
(B) correcting any deficiency in the oper-
ation of a program to which the grant relates, 
as identified through an audit or another moni-
toring or evaluation procedure; and 
(C) adopting written procedures for the re-
ceipt and resolution of complaints alleging a 
violation of law with respect to a program to 
which the grant relates; 
(3) cooperate with respect to any evaluation— 
(A) of any program that relates to a grant 
awarded to the entity; and 
(B) that is carried out by or for the Assist-
ant Secretary or another Federal official; 
(4) use fiscal control and fund accounting pro-
cedures that ensure the proper disbursement of, and 
accounting for, any Federal funds that the entity is 
awarded under the Program; 
(5) submit to the Assistant Secretary any re-
ports that may be necessary to enable the Assistant 
Secretary to perform the duties of the Assistant Sec-
retary under the Program; and 
(6) maintain any records and provide any infor-
mation to the Assistant Secretary, including those
1394 
records, that the Assistant Secretary determines is 
necessary to enable the Assistant Secretary to per-
form the duties of the Assistant Secretary under the 
Program. 
(g) TERMINATION OF GRANT.—In addition to other 
authority under applicable law, the Assistant Secretary 
shall— 
(1) terminate a grant awarded to an entity 
under this section if, after notice to the entity and 
opportunity for a hearing, the Assistant Secretary 
determines, and presents to the entity a rationale 
and supporting information that clearly dem-
onstrates, that— 
(A) the grant funds are not being used in 
a manner that is consistent with the application 
with respect to the grant submitted by the enti-
ty under subsection (c); 
(B) the entity is not upholding assurances 
made by the entity to the Assistant Secretary 
under subsection (f); or 
(C) the grant is no longer necessary to 
achieve the original purpose for which the As-
sistant Secretary awarded the grant; and 
(2) with respect to any grant funds that the As-
sistant Secretary terminates under paragraph (1) or
1395 
under other authority under applicable law, competi-
tively award the grant funds to another applicant (if 
such an applicant exists), consistent with the re-
quirements of this section. 
(h) REPORTING AND INFORMATION REQUIREMENTS; 
INTERNET DISCLOSURE.—The Assistant Secretary— 
(1) shall— 
(A) require any entity to which the Assist-
ant Secretary awards a grant under the Pro-
gram to, for each year during the period de-
scribed in clause (i) of subsection (d)(2)(D) 
with respect to the grant and during the period 
described in clause (ii) of such subsection with 
respect to the grant if the entity continues to 
measure and evaluate the activities supported 
with the grant amounts during such period, 
submit to the Assistant Secretary a report, in 
a format specified by the Assistant Secretary, 
regarding— 
(i) the use by the entity of the grant 
amounts; and 
(ii) the progress of the entity towards 
fulfilling the objectives for which the grant 
was awarded;
1396 
(B) establish mechanisms to ensure appro-
priate use of, and compliance with respect to all 
terms regarding, grant funds awarded under 
the Program; 
(C) create and maintain a fully searchable 
database, which shall be accessible on the inter-
net at no cost to the public, that contains, at 
a minimum— 
(i) a list of each entity that has ap-
plied for a grant under the Program; 
(ii) a description of each application 
described in clause (i), including the pro-
posed purpose of each grant described in 
that clause; 
(iii) the status of each application de-
scribed in clause (i), including whether the 
Assistant Secretary has awarded a grant 
with respect to the application and, if so, 
the amount of the grant; 
(iv) each report submitted by an enti-
ty under subparagraph (A); and 
(v) any other information that the As-
sistant Secretary considers appropriate to 
ensure that the public has sufficient infor-
1397 
mation to understand and monitor grants 
awarded under the Program; and 
(D) ensure that any entity with respect to 
which an award is terminated under subsection 
(g) may, in a timely manner, appeal or other-
wise challenge that termination; and 
(2) may establish additional reporting and in-
formation requirements for any recipient of a grant 
under the Program. 
(i) SUPPLEMENT NOT SUPPLANT.—A grant awarded 
to an entity under the Program shall supplement, not sup-
plant, other Federal or State funds that have been made 
available to the entity to carry out activities described in 
this section. 
(j) SET ASIDES.—From amounts made available in 
a fiscal year to carry out the Program, the Assistant Sec-
retary shall reserve— 
(1) not more than 5 percent for the implemen-
tation and administration of the Program, which 
shall include— 
(A) providing technical support and assist-
ance, including ensuring consistency in data re-
porting;
1398 
(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 31123(a); and 
(D) conducting outreach to entities that 
may be eligible to be awarded a grant under the 
Program regarding opportunities to apply for 
such a grant; and 
(2) not less than 5 percent to award grants di-
rectly to Indian Tribes, tribally designated entities, 
and Native Hawaiian organizations to allow those 
Tribes, entities, and organizations to carry out the 
activities described in this section. 
(k) RULES.—The Assistant Secretary may prescribe 
such rules as may be necessary to carry out this section. 
(l) APPROPRIATION.—There are appropriated to the 
Assistant Secretary, out of any money in the Treasury not 
otherwise appropriated, $625,000,000 to carry out this 
section for fiscal year 2021, to remain available until ex-
pended. 
SEC. 31123. POLICY RESEARCH, DATA COLLECTION, ANAL-
YSIS AND MODELING, EVALUATION, AND DIS-
SEMINATION. 
(a) REPORTING REQUIREMENTS.—
1399 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Assistant Secretary begins 
awarding grants under section 31121(d), and annu-
ally thereafter, the Assistant Secretary shall— 
(A) submit to the appropriate committees 
of Congress a report that documents, for the 
year covered by the report— 
(i) the findings of each evaluation 
conducted under subparagraph (B); 
(ii) a list of each grant awarded under 
each covered program, which shall in-
clude— 
(I) the amount of each such 
grant; 
(II) the recipient of each such 
grant; and 
(III) the purpose for which each 
such grant was awarded; 
(iii) any termination or modification 
of a grant awarded under the covered pro-
grams, which shall include a description of 
the subsequent usage of any funds to 
which such an action applies; and 
(iv) each challenge made by an appli-
cant for, or a recipient of, a grant under
1400 
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 31121 are— 
(I) abiding by the assurances 
made by those States under sub-
section (e) of that section; 
(II) meeting, or have met, the 
stated goals of the State Digital Eq-
uity Plans developed by the States 
under subsection (c) of that section; 
(III) satisfying the requirements 
imposed by the Assistant Secretary on 
those States under subsection (g) of 
that section; and 
(IV) in compliance with any 
other rules, requirements, or regula-
tions promulgated by the Assistant 
Secretary in implementing that pro-
gram; and
1401 
(ii) whether entities to which grants 
are awarded under the program established 
under section 31122 are— 
(I) abiding by the assurances 
made by those entities under sub-
section (f) of that section; 
(II) meeting, or have met, the 
stated goals of those entities with re-
spect to the use of the grant amounts; 
(III) satisfying the requirements 
imposed by the Assistant Secretary on 
those entities under subsection (h) of 
that section; and 
(IV) in compliance with any 
other rules, requirements, or regula-
tions promulgated by the Assistant 
Secretary in implementing that pro-
gram. 
(2) PUBLIC AVAILABILITY.—The Assistant Sec-
retary shall make each report submitted under para-
graph (1)(A) publicly available in an online format 
that— 
(A) facilitates access and ease of use; 
(B) is searchable; and 
(C) is accessible—
1402 
(i) to individuals with disabilities; and 
(ii) in languages other than English. 
(b) AUTHORITY TO CONTRACT AND ENTER INTO 
OTHER ARRANGEMENTS.—The Assistant Secretary may 
award grants and enter into contracts, cooperative agree-
ments, and other arrangements with Federal agencies, 
public and private organizations, and other entities with 
expertise that the Assistant Secretary determines appro-
priate in order to— 
(1) evaluate the impact and efficacy of activities 
supported by grants awarded under the covered pro-
grams; and 
(2) develop, catalog, disseminate, and promote 
the exchange of best practices, both with respect to 
and independent of the covered programs, in order 
to achieve digital equity. 
(c) CONSULTATION AND PUBLIC ENGAGEMENT.—In 
carrying out subsection (a), and to further the objectives 
described in paragraphs (1) and (2) of subsection (b), the 
Assistant Secretary shall conduct ongoing collaboration 
and consult with— 
(1) the Secretary of Agriculture; 
(2) the Secretary of Housing and Urban Devel-
opment; 
(3) the Secretary of Education;
1403 
(4) the Secretary of Labor; 
(5) the Secretary of Health and Human Serv-
ices; 
(6) the Secretary of Veterans Affairs; 
(7) the Secretary of the Interior; 
(8) the Assistant Secretary for Indian Affairs of 
the Department of the Interior; 
(9) the Commission; 
(10) the Federal Trade Commission; 
(11) the Director of the Institute of Museum 
and Library Services; 
(12) the Administrator of the Small Business 
Administration; 
(13) the Federal Cochairman of the Appa-
lachian Regional Commission; 
(14) State agencies and governors of States (or 
equivalent officials); 
(15) entities serving as administering entities 
for States under section 31121(b); 
(16) national, State, Tribal, and local organiza-
tions that conduct digital inclusion activities, pro-
mote digital equity, or provide digital literacy serv-
ices; 
(17) researchers, academics, and philanthropic 
organizations; and
1404 
(18) other agencies, organizations (including 
international organizations), entities (including enti-
ties with expertise in the fields of data collection, 
analysis and modeling, and evaluation), and commu-
nity stakeholders, as determined appropriate by the 
Assistant Secretary. 
(d) TECHNICAL SUPPORT AND ASSISTANCE.—The 
Assistant Secretary shall provide technical support and as-
sistance to potential applicants for the covered programs 
and entities awarded grants under the covered programs, 
to ensure consistency in data reporting and to meet the 
objectives of this section. 
SEC. 31124. GENERAL PROVISIONS. 
(a) NONDISCRIMINATION.— 
(1) IN GENERAL.—No individual in the United 
States may, on the basis of actual or perceived race, 
color, religion, national origin, sex, gender identity, 
sexual orientation, age, or disability, be excluded 
from participation in, be denied the benefits of, or 
be subjected to discrimination under any program or 
activity that is funded in whole or in part with funds 
made available under this chapter. 
(2) ENFORCEMENT.—The Assistant Secretary 
shall effectuate paragraph (1) with respect to any 
program or activity described in that paragraph by
1405 
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 
chapter in a technologically neutral manner. 
(c) AUDIT AND OVERSIGHT.—There are appropriated 
to the Office of Inspector General of the Department of 
Commerce, out of any money in the Treasury not other-
wise appropriated, for audits and oversight of funds made 
available to carry out this chapter, $5,000,000 for fiscal 
year 2021, to remain available until expended. 
CHAPTER 3—BROADBAND SERVICE FOR 
LOW-INCOME CONSUMERS 
SEC. 31141. ADDITIONAL BROADBAND BENEFIT. 
(a) PROMULGATION OF REGULATIONS REQUIRED.— 
Not later than 180 days after the date of the enactment 
of this Act, the Commission shall promulgate regulations 
implementing this section.
1406 
(b) REQUIREMENTS.—The regulations promulgated 
pursuant to subsection (a) shall establish the following: 
(1) BROADBAND
BENEFIT.—A provider shall 
provide an eligible household with an internet service 
offering, upon request by a member of such house-
hold. Such provider shall discount the price charged 
to such household for such internet service offering 
in an amount equal to the broadband benefit for 
such household. 
(2) VERIFICATION OF ELIGIBILITY.—To verify 
whether a household is an eligible household, a pro-
vider shall either— 
(A) use the National Lifeline Eligibility 
Verifier; or 
(B) rely upon an alternative verification 
process of the provider, if the Commission finds 
such process to be sufficient to avoid waste, 
fraud, and abuse. 
(3) USE OF NATIONAL LIFELINE ELIGIBILITY 
VERIFIER.—The Commission shall— 
(A) expedite the ability of all providers to 
access the National Lifeline Eligibility Verifier 
for purposes of determining whether a house-
hold is an eligible household; and
1407 
(B) ensure that the National Lifeline Eligi-
bility Verifier approves an eligible household to 
receive the broadband benefit not later than ten 
days after the date of the submission of infor-
mation necessary to determine if such house-
hold is an eligible household. 
(4) REIMBURSEMENT.—From the Broadband 
Connectivity Fund established in subsection (g), the 
Commission shall reimburse a provider in an amount 
equal to the broadband benefit with respect to an el-
igible household that receives such benefit from such 
provider. 
(5) REIMBURSEMENT
FOR
CONNECTED
DE-
VICE.—A provider that, in addition to providing the 
broadband benefit to an eligible household, supplies 
such household with a connected device may be re-
imbursed 
up 
to 
$100 
from 
the 
Broadband 
Connectivity Fund established in subsection (g) for 
such connected device, if the charge to such eligible 
household is more than $10 but less than $50 for 
such connected device, except that a provider may 
receive reimbursement for no more than one con-
nected device per eligible household.
1408 
(6) CERTIFICATION REQUIRED.—To receive a 
reimbursement under paragraph (4) or (5), a pro-
vider shall certify to the Commission the following: 
(A) That the amount for which the pro-
vider is seeking reimbursement from the 
Broadband Connectivity Fund for an internet 
service offering to an eligible household is not 
more than the normal rate. 
(B) That each eligible household for which 
the provider is seeking reimbursement for pro-
viding an internet service offering discounted by 
the broadband benefit— 
(i) has not been and will not be 
charged— 
(I) for such offering, if the nor-
mal rate for such offering is less than 
or equal to the amount of the 
broadband benefit for such household; 
or 
(II) more for such offering than 
the difference between the normal rate 
for such offering and the amount of 
the broadband benefit for such house-
hold;
1409 
(ii) will not be required to pay an 
early termination fee if such eligible house-
hold elects to enter into a contract to re-
ceive such internet service offering if such 
household later terminates such contract; 
and 
(iii) was not subject to a mandatory 
waiting period for such internet service of-
fering based on having previously received 
broadband service from such provider. 
(C) That each eligible household for which 
the provider is seeking reimbursement for sup-
plying such household with a connected device 
has not been and will not be charged $10 or 
less or $50 or more for such device. 
(D) A description of the process used by 
the provider to verify that a household is an eli-
gible household, if the provider elects an alter-
native verification process under paragraph 
(2)(B), and that such verification process was 
designed to avoid waste, fraud, and abuse. 
(7) AUDIT REQUIREMENTS.—The Commission 
shall adopt audit requirements to ensure that pro-
viders are in compliance with the requirements of 
this section and to prevent waste, fraud, and abuse
1410 
in the broadband benefit program established under 
this section. 
(c) ELIGIBLE PROVIDERS.—Notwithstanding sub-
section (e) of this section, the Commission shall provide 
a reimbursement to a provider under this section without 
requiring such provider to be designated as an eligible tele-
communications carrier under section 214(e) of the Com-
munications Act of 1934 (47 U.S.C. 214(e)). 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall affect the collection, distribution, or administra-
tion of the Lifeline Assistance Program governed by the 
rules set forth in subpart E of part 54 of title 47, Code 
of Federal Regulations (or any successor regulation). 
(e) PART 54 REGULATIONS.—Nothing in this section 
shall be construed to prevent the Commission from pro-
viding that the regulations in part 54 of title 47, Code 
of Federal Regulations (or any successor regulation), shall 
apply in whole or in part to support provided under the 
regulations required by subsection (a), shall not apply in 
whole or in part to such support, or shall be modified in 
whole or in part for purposes of application to such sup-
port. 
(f) ENFORCEMENT.—A violation of this section or a 
regulation promulgated under this section, including the 
knowing or reckless denial of an internet service offering
1411 
discounted by the broadband benefit to an eligible house-
hold that requests such an offering, shall be treated as 
a violation of the Communications Act of 1934 (47 U.S.C. 
151 et seq.) or a regulation promulgated under such Act. 
The Commission shall enforce this section and the regula-
tions promulgated under this section in the same manner, 
by the same means, and with the same jurisdiction, pow-
ers, and duties as though all applicable terms and provi-
sions of the Communications Act of 1934 were incor-
porated into and made a part of this section. 
(g) BROADBAND CONNECTIVITY FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the Broadband Connectivity Fund. 
(2) APPROPRIATION.—There are appropriated 
to the Broadband Connectivity Fund, out of any 
money in the Treasury not otherwise appropriated, 
$9,000,000,000 for fiscal year 2021, to remain 
available until expended. 
(3) 
USE
OF
FUNDS.—Amounts 
in 
the 
Broadband Connectivity Fund shall be available to 
the Commission for reimbursements to providers 
under the regulations required by subsection (a). 
(4) RELATIONSHIP
TO
UNIVERSAL
SERVICE 
CONTRIBUTIONS.—Reimbursements provided under
1412 
the regulations required by subsection (a) shall be 
provided from amounts made available under this 
subsection and not from contributions under section 
254(d) of the Communications Act of 1934 (47 
U.S.C. 254(d)), except the Commission may use 
such contributions if needed to offset expenses asso-
ciated with the reliance on the National Lifeline Eli-
gibility Verifier to determine eligibility of households 
to receive the broadband benefit. 
(5) LACK OF AVAILABILITY OF FUNDS.—The 
regulations required by subsection (a) shall provide 
that a provider is not required to provide an eligible 
household with an internet service offering under 
subsection (b)(1) for any month for which there are 
insufficient amounts in the Broadband Connectivity 
Fund to reimburse the provider under subsection 
(b)(4) for providing the broadband benefit to such 
eligible household. 
(h) DEFINITIONS.—In this section: 
(1) 
BROADBAND
BENEFIT.—The 
term 
‘‘broadband benefit’’ means a monthly discount for 
an eligible household applied to the normal rate for 
an internet service offering, in an amount equal to 
such rate, but not more than $50, or, if an internet
1413 
service offering is provided to an eligible household 
on Tribal land, not more than $75. 
(2) CONNECTED
DEVICE.—The term ‘‘con-
nected device’’ means a laptop or desktop computer 
or a tablet. 
(3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 
household’’ means, regardless of whether the house-
hold or any member of the household receives sup-
port under subpart E of part 54 of title 47, Code 
of Federal Regulations (or any successor regulation), 
and regardless of whether any member of the house-
hold has any past or present arrearages with a pro-
vider, a household in which— 
(A) at least one member of the household 
meets the qualifications in subsection (a) or (b) 
of section 54.409 of title 47, Code of Federal 
Regulations (or any successor regulation); 
(B) at least one member of the household 
has applied for and been approved to receive 
benefits under the free and reduced price lunch 
program under the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.) or 
the school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 
1773);
1414 
(C) at least one member of the household 
has experienced a substantial loss of income for 
at least the two consecutive months immediately 
preceding the month for which eligibility for the 
broadband benefit is being determined, docu-
mented by layoff or furlough notice, application 
for unemployment insurance benefits, or similar 
documentation; or 
(D) at least one member of the household 
has received a Federal Pell Grant under section 
401 of the Higher Education Act of 1965 (20 
U.S.C. 1070a) in the most recent academic 
year. 
(4) INTERNET SERVICE OFFERING.—The term 
‘‘internet service offering’’ means, with respect to a 
provider, broadband service provided by such pro-
vider to a household, offered in the same manner, 
and on the same terms, as described in any of such 
provider’s advertisements for broadband service to 
such household, on May 1, 2020 (or such later date 
as the Commission may by rule determine, if the 
Commission considers it necessary). 
(5) NORMAL RATE.—The term ‘‘normal rate’’ 
means, with respect to an internet service offering 
by a provider, the advertised monthly retail rate, on
1415 
May 1, 2020 (or such later date as the Commission 
may by rule determine, if the Commission considers 
it necessary), including any applicable promotions 
and excluding any taxes or other governmental fees. 
(6) PROVIDER.—The term ‘‘provider’’ means a 
provider of broadband service. 
SEC. 31142. GRANTS TO STATES TO STRENGTHEN NA-
TIONAL LIFELINE ELIGIBILITY VERIFIER. 
(a) IN
GENERAL.—From amounts appropriated 
under subsection (d), the Commission shall, not later than 
30 days after the date of the enactment of this Act, make 
a grant to each State, in an amount in proportion to the 
population of such State, for the purpose of connecting 
the database used by such State for purposes of the sup-
plemental nutrition assistance program under the Food 
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to the 
National Lifeline Eligibility Verifier, so that the receipt 
by a household of benefits under such program is reflected 
in the National Lifeline Eligibility Verifier. 
(b) DISBURSEMENT
OF
GRANT
FUNDS.—Funds 
under each grant made under subsection (a) shall be dis-
bursed to the State receiving such grant not later than 
60 days after the date of the enactment of this Act. 
(c) CERTIFICATION TO CONGRESS.—Not later than 
90 days after the date of the enactment of this Act, the
1416 
Commission shall certify to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate that the grants required by subsection (a) have 
been made and that funds have been disbursed as required 
by subsection (b). 
(d) APPROPRIATION.—There are appropriated to the 
Commission, out of any money in the Treasury not other-
wise appropriated, $200,000,000 to carry out this section 
for fiscal year 2021, to remain available until expended. 
SEC. 31143. FEDERAL COORDINATION BETWEEN LIFELINE 
AND SNAP VERIFICATION. 
(a) 
IN
GENERAL.—Notwithstanding 
section 
11(x)(2)(C)(i) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2020(x)(2)(C)(i)), not later than 180 days after 
the date of the enactment of this Act, the Commission 
shall, in coordination with the Secretary of Agriculture, 
establish an automated connection, to the maximum ex-
tent practicable, between the National Lifeline Eligibility 
Verifier and the National Accuracy Clearinghouse estab-
lished under section 11(x) of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2020(x)) for the supplemental nutrition 
assistance program. 
(b) DEFINITION.—In this section, the term ‘‘auto-
mated connection’’ means a connection between two or
1417 
more information systems where the manual input of in-
formation in one system leads to the automatic input of 
the same information any other connected system. 
CHAPTER 4—E–RATE SUPPORT FOR WI-FI 
HOTSPOTS, OTHER EQUIPMENT, AND 
CONNECTED DEVICES 
SEC. 31161. E–RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER 
EQUIPMENT, AND CONNECTED DEVICES. 
(a) REGULATIONS REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the Com-
mission shall promulgate regulations providing for the 
provision, from amounts made available from the 
Connectivity Fund established under subsection (h)(1), of 
support under section 254(h)(1)(B) of the Communica-
tions Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an elemen-
tary school, secondary school, or library (including a Trib-
al elementary school, Tribal secondary school, or Tribal 
library) eligible for support under such section, for the 
purchase of equipment described in subsection (c), ad-
vanced telecommunications and information services, or 
equipment described in such subsection and advanced tele-
communications and information services, for use by— 
(1) in the case of a school, students and staff 
of such school at locations that include locations 
other than such school; and
1418 
(2) in the case of a library, patrons of such li-
brary at locations that include locations other than 
such library. 
(b) TRIBAL ISSUES.— 
(1) SET ASIDE FOR TRIBAL LANDS.—The Com-
mission shall reserve not less than 5 percent of the 
amounts available to the Commission under sub-
section (h)(3) to provide support under the regula-
tions required by subsection (a) to schools and li-
braries that serve persons who are located on Tribal 
lands. 
(2) ELIGIBILITY OF TRIBAL LIBRARIES.—For 
purposes of determining the eligibility of a Tribal li-
brary for support under the regulations required by 
subsection (a), the portion of paragraph (4) of sec-
tion 254(h) of the Communications Act of 1934 (47 
U.S.C. 254(h)) relating to eligibility for assistance 
from a State library administrative agency under the 
Library Services and Technology Act shall not apply. 
(c) EQUIPMENT DESCRIBED.—The equipment de-
scribed in this subsection is the following: 
(1) Wi-Fi hotspots. 
(2) Modems. 
(3) Routers. 
(4) Devices that combine a modem and router.
1419 
(5) Connected devices. 
(d) PRIORITIZATION OF SUPPORT.—The Commission 
shall provide in the regulations required by subsection (a) 
for a mechanism to require a school or library to prioritize 
the provision of equipment described in subsection (c), ad-
vanced telecommunications and information services, or 
equipment described in such subsection and advanced tele-
communications and information services, for which sup-
port is received under such regulations, to students and 
staff or patrons (as the case may be) that the school or 
library believes do not have access to equipment described 
in subsection (c), do not have access to advanced tele-
communications and information services, or have access 
to neither equipment described in subsection (c) nor ad-
vanced telecommunications and information services, at 
the residences of such students and staff or patrons. 
(e) PERMISSIBLE USES OF EQUIPMENT.—The Com-
mission shall provide in the regulations required by sub-
section (a) that, in the case of a school or library that 
purchases equipment described in subsection (c) using 
support received under such regulations, such school or 
library— 
(1) may use such equipment for such purposes 
as such school or library considers appropriate, sub-
1420 
ject to any restrictions provided in such regulations 
(or any successor regulation); and 
(2) may not sell or otherwise transfer such 
equipment in exchange for any thing (including a 
service) of value, except that such school or library 
may exchange such equipment for upgraded equip-
ment of the same type. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect any authority the Com-
mission may have under section 254(h)(1)(B) of the Com-
munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to 
allow support under such section to be used for the pur-
poses described in subsection (a) other than as required 
by such subsection. 
(g) PART 54 REGULATIONS.—Nothing in this section 
shall be construed to prevent the Commission from pro-
viding that the regulations in part 54 of title 47, Code 
of Federal Regulations (or any successor regulation), shall 
apply in whole or in part to support provided under the 
regulations required by subsection (a), shall not apply in 
whole or in part to such support, or shall be modified in 
whole or in part for purposes of application to such sup-
port. 
(h) CONNECTIVITY FUND.—
1421 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the Connectivity Fund. 
(2) APPROPRIATION.—There are appropriated 
to the Connectivity Fund, out of any money in the 
Treasury 
not 
otherwise 
appropriated, 
$5,000,000,000 for fiscal year 2021, to remain 
available until expended. 
(3) 
USE
OF
FUNDS.—Amounts 
in 
the 
Connectivity Fund shall be available to the Commis-
sion to provide support under the regulations re-
quired by subsection (a). 
(4) RELATIONSHIP
TO
UNIVERSAL
SERVICE 
CONTRIBUTIONS.—Support provided under the regu-
lations required by subsection (a) shall be provided 
from amounts made available under paragraph (3) 
and not from contributions under section 254(d) of 
the Communications Act of 1934 (47 U.S.C. 
254(d)). 
(i) DEFINITIONS.—In this section: 
(1) ADVANCED TELECOMMUNICATIONS AND IN-
FORMATION SERVICES.—The term ‘‘advanced tele-
communications and information services’’ means 
advanced telecommunications and information serv-
1422 
ices, as such term is used in section 254(h) of the 
Communications Act of 1934 (47 U.S.C. 254(h)). 
(2) CONNECTED
DEVICE.—The term ‘‘con-
nected device’’ means a laptop computer, tablet com-
puter, or similar device that is capable of connecting 
to advanced telecommunications and information 
services. 
(3) LIBRARY.—The term ‘‘library’’ includes a 
library consortium. 
(4) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
means— 
(A) any land located within the boundaries 
of— 
(i) an Indian reservation, pueblo, or 
rancheria; or 
(ii) a former reservation within Okla-
homa; 
(B) any land not located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria, the title to which is held— 
(i) in trust by the United States for 
the benefit of an Indian Tribe or an indi-
vidual Indian; 
(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against
1423 
alienation under laws of the United States; 
or 
(iii) by a dependent Indian commu-
nity; 
(C) any land located within a region estab-
lished pursuant to section 7(a) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 
1606(a)); 
(D) Hawaiian Home Lands, as defined in 
section 801 of the Native American Housing 
Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4221); or 
(E) those areas or communities designated 
by the Assistant Secretary of Indian Affairs of 
the Department of the Interior that are near, 
adjacent, or contiguous to reservations where fi-
nancial assistance and social service programs 
are provided to Indians because of their status 
as Indians. 
(5) WI-FI.—The term ‘‘Wi-Fi’’ means a wire-
less networking protocol based on Institute of Elec-
trical and Electronics Engineers standard 802.11 
(or any successor standard). 
(6) 
WI-FI
HOTSPOT.—The 
term 
‘‘Wi-Fi 
hotspot’’ means a device that is capable of—
1424 
(A) 
receiving 
mobile 
advanced 
tele-
communications and information services; and 
(B) sharing such services with another de-
vice through the use of Wi-Fi. 
Subtitle B—Broadband 
Transparency 
SEC. 31201. DEFINITIONS. 
In this subtitle: 
(1) BROADBAND INTERNET ACCESS SERVICE.— 
The term ‘‘broadband internet access service’’ has 
the meaning given the term in section 8.1(b) of title 
47, Code of Federal Regulations, or any successor 
regulation. 
(2) FIXED WIRELESS BROADBAND.—The term 
‘‘fixed wireless broadband’’ means broadband inter-
net access service that serves end users primarily at 
fixed endpoints through stationary equipment con-
nected by the use of radio, such as by the use of un-
licensed spectrum. 
(3) MOBILE BROADBAND.—The term ‘‘mobile 
broadband’’— 
(A) means broadband internet access serv-
ice that serves end users primarily using mobile 
stations;
1425 
(B) includes services that use smartphones 
or mobile network-enabled tablets as the pri-
mary endpoints for connection to the internet; 
and 
(C) includes mobile satellite broadband 
internet access services. 
(4) PROVIDER.—The term ‘‘provider’’ means a 
provider of fixed or mobile broadband internet access 
service. 
(5) SATELLITE BROADBAND.—The term ‘‘sat-
ellite broadband’’ means broadband internet access 
service that serves end users primarily at fixed 
endpoints through stationary equipment connected 
by the use of orbital satellites. 
(6) TERRESTRIAL
FIXED
BROADBAND.—The 
term ‘‘terrestrial fixed broadband’’ means broadband 
internet access service that serves end users pri-
marily at fixed endpoints through stationary equip-
ment connected by wired technology such as cable, 
DSL, and fiber. 
SEC. 31202. BROADBAND TRANSPARENCY. 
(a) RULES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Commis-
sion shall issue final rules that include a require-
1427 
(1) either the weighted average of the monthly 
prices charged to subscribed households within each 
census block for each distinct broadband internet ac-
cess service plan or tier of standalone broadband 
internet access service, including mandatory equip-
ment charges, usage-based fees, and fees for early 
termination of required contracts, or the monthly 
price charged to each subscribed household, includ-
ing such charges and fees; 
(2) either the mean monthly price within the 
duration of subscription contracts offered within 
each census block for each distinct broadband inter-
net access service plan or tier of standalone 
broadband internet access service, including manda-
tory equipment charges, usage-based fees, and fees 
for early termination of required contracts, or the 
mean monthly price within the duration of subscrip-
tion contracts offered to each household, including 
such charges and fees; 
(3) either the subscription rate within each cen-
sus block for each distinct broadband internet access 
service plan or tier of standalone broadband internet 
access service, or information regarding the sub-
scription status of each household to which a sub-
scription is offered;
1428 
(4) data necessary to demonstrate the actual 
price paid by subscribers of broadband internet ac-
cess service at each tier for such service in a manner 
that— 
(A) takes into account any discounts (or 
similar price concessions); and 
(B) identifies any additional taxes and fees 
(including for the use of equipment related to 
the use of a subscription for such service), any 
monthly data usage limitation at the stated 
price, and the extent to which the price of the 
service reflects inclusion within a product bun-
dle; and 
(5) data necessary to assess the resiliency of 
the broadband internet access service network in the 
event of a natural disaster or emergency. 
(c) TECHNICAL ASSISTANCE.—The Commission shall 
provide technical assistance to small providers (as defined 
by the Commission) of broadband internet access service, 
to ensure such providers can fulfill the requirements of 
this section. 
SEC. 31203. DISTRIBUTION OF DATA. 
(a) AVAILABILITY OF DATA.—Subject to subsection 
(b), the Commission shall make all data relating to 
broadband internet access service collected under rules re-
1429 
quired by this subtitle available in a commonly used elec-
tronic format to— 
(1) other Federal agencies, including the Na-
tional Telecommunications and Information Admin-
istration, to assist that agency in conducting the 
study required by section 31102(c); 
(2) a broadband office, public utility commis-
sion, 
broadband 
mapping 
program, 
or 
other 
broadband program of a State, in the case of data 
pertaining to the needs of that State; 
(3) a unit of local government, in the case of 
data pertaining to the needs of that locality; and 
(4) an individual or organization conducting re-
search for noncommercial purposes or public interest 
purposes. 
(b) PROTECTION OF DATA.— 
(1) IN GENERAL.—The Commission may not 
share any data described in subsection (a) with an 
entity or individual described in that subsection un-
less the Commission has determined that the receiv-
ing entity or individual has the capability and intent 
to protect any personally identifiable information 
contained in the data. 
(2) DETERMINATION OF PERSONALLY IDENTI-
FIABLE INFORMATION.—The Commission—
1430 
(A) shall define the term ‘‘personally iden-
tifiable information’’, for purposes of paragraph 
(1), through notice and comment rulemaking; 
and 
(B) may not share any data under sub-
section (a) before completing the rulemaking 
under subparagraph (A). 
(c) BALANCING ACCESS AND PROTECTION.—If the 
Commission is unable to determine under subsection 
(b)(1) that an entity or individual requesting access to 
data under subsection (a) has the capability to protect per-
sonally identifiable information contained in the data, the 
Commission shall make as much of the data available as 
possible in a format that does not compromise personally 
identifiable information, through methods such as 
anonymization. 
SEC. 31204. 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 the Broadband 
DATA Act (Public Law 116–130), is amended— 
(1) in subparagraph (A)(ii), by striking the 
semicolon at the end and inserting ‘‘; and’’; 
(2) by amending subparagraph (B) to read as 
follows:
1431 
‘‘(B) coordinate with the Postmaster Gen-
eral, the heads of other Federal agencies that 
operate delivery fleet vehicles, and the Director 
of the Bureau of the Census for assistance with 
data collection whenever coordination could fea-
sibly yield more specific geographic data.’’; and 
(3) by striking subparagraph (C). 
SEC. 31205. BROADBAND CONSUMER LABELS. 
(a) RULES.—Not later than 1 year after the date of 
the enactment of this Act, the Commission shall issue final 
rules to promote and incentivize widespread adoption of 
the broadband consumer labels referred to in the Public 
Notice of the Commission released on April 4, 2016 (DA 
16–357). 
(b) HEARINGS.—The Commission shall conduct a se-
ries of public hearings in the rulemaking proceeding re-
quired by subsection (a) to assess how consumers cur-
rently evaluate internet service plans and whether existing 
disclosures are available, effective, and sufficient. 
SEC. 31206. APPROPRIATION FOR BROADBAND DATA ACT. 
There are appropriated to the Commission, out of any 
money in the Treasury not otherwise appropriated, 
$24,000,000 to carry out title VIII of the Communications 
Act of 1934 (47 U.S.C. 641 et seq.), as added by the
1432 
Broadband DATA Act (Public Law 116–130), for fiscal 
year 2021, to remain available until expended. 
SEC. 31207. GAO REPORT. 
Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States 
shall submit to the Committee on Energy and Commerce 
of the House of Representatives, the Committee on Agri-
culture of the House of Representatives, the Committee 
on Transportation and Infrastructure of the House of the 
Representatives, the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Envi-
ronment and Public Works of the Senate, and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Sen-
ate, a report that evaluates the process used by the Com-
mission for establishing, reviewing, and updating the 
upload and download broadband internet access speed 
thresholds, including— 
(1) how the Commission reviews and updates 
broadband internet access speed thresholds; 
(2) whether the Commission considers future 
broadband internet access speed needs when estab-
lishing broadband internet access speed thresholds, 
including whether the Commission considers the 
need, or the anticipated need, for higher upload or 
download broadband internet access speeds in the
1433 
five-year period and the ten-year period after the 
date on which a broadband speed threshold is to be 
established; and 
(3) how the Commission considers the impacts 
of changing uses of the internet in establishing, re-
viewing, or updating broadband internet access 
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. 
Subtitle C—Broadband Access 
CHAPTER 1—EXPANSION OF BROADBAND 
ACCESS 
SEC. 
31301. 
EXPANSION 
OF 
BROADBAND 
ACCESS 
IN 
UNSERVED AREAS AND AREAS WITH LOW- 
TIER OR MID-TIER SERVICE. 
Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is amended by adding at the end the 
following new section:
1434 
‘‘SEC. 
723. 
EXPANSION 
OF 
BROADBAND 
ACCESS 
IN 
UNSERVED AREAS AND AREAS WITH LOW- 
TIER OR MID-TIER SERVICE. 
‘‘(a) PROGRAM ESTABLISHED.—Not later than 180 
days after the date of the enactment of this section, the 
Commission, in consultation with the Assistant Secretary, 
shall establish a program to expand access to broadband 
service for unserved areas, areas with low-tier service, 
areas with mid-tier service, and unserved anchor institu-
tions in accordance with the requirements of this section 
that— 
‘‘(1) is separate from any universal service pro-
gram established pursuant to section 254; and 
‘‘(2) does not require funding recipients to be 
designated as eligible telecommunications carriers 
under section 214(e). 
‘‘(b) USE OF PROGRAM FUNDS.— 
‘‘(1) EXPANDING ACCESS TO BROADBAND SERV-
ICE THROUGH NATIONAL SYSTEM OF COMPETITIVE 
BIDDING.—Not later than 18 months after the date 
of the enactment of this section, the Commission 
shall award 75 percent of the amounts appropriated 
under subsection (g) through national systems of 
competitive bidding to funding recipients only to ex-
pand access to broadband service in unserved areas 
and areas with low-tier service.
1435 
‘‘(2) EXPANDING ACCESS TO BROADBAND SERV-
ICE THROUGH STATES.— 
‘‘(A) 
DISTRIBUTION
OF
FUNDS
TO 
STATES.—Not later than 255 days after the 
date of the enactment of this section, the Com-
mission shall distribute 25 percent of the 
amounts appropriated under subsection (g) 
among the States, in direct proportion to the 
population of each State. 
‘‘(B) PUBLIC NOTICE.—Not later than 195 
days after the date of the enactment of this sec-
tion, the Commission shall issue a public notice 
informing each State and the public of the 
amounts to be distributed under this para-
graph. The notice shall include— 
‘‘(i) the manner in which a State shall 
inform the Commission of that State’s ac-
ceptance or acceptance in part of the 
amounts to be distributed under this para-
graph; 
‘‘(ii) the date (which is 30 days after 
the date on which the public notice is 
issued) by which such acceptance or ac-
ceptance in part is due; and
1436 
‘‘(iii) the requirements as set forth 
under this section and as may be further 
prescribed by the Commission. 
‘‘(C) ACCEPTANCE BY STATES.—Not later 
than 30 days after the date on which a public 
notice is issued under subparagraph (B), each 
State accepting amounts to be distributed 
under this paragraph shall inform the Commis-
sion of the acceptance or acceptance in part by 
the State of the amounts to be distributed 
under this paragraph in the manner described 
by the Commission in the public notice. 
‘‘(D) REQUIREMENTS FOR STATE RECEIPT 
OF
AMOUNTS
DISTRIBUTED.—Each State ac-
cepting amounts distributed under this para-
graph— 
‘‘(i) shall only award such amounts 
through statewide systems of competitive 
bidding, in the manner prescribed by the 
State but subject to the requirements as 
set forth under this section and as may be 
further prescribed by the Commission; 
‘‘(ii) shall make such awards only— 
‘‘(I) to funding recipients to ex-
pand access to broadband service in
1437 
unserved areas and areas with low-tier 
service; 
‘‘(II) to funding recipients to ex-
pand access to broadband service to 
unserved anchor institutions; or 
‘‘(III) to funding recipients to ex-
pand access to broadband service in 
areas with mid-tier service, but only if 
a State does not have, or no longer 
has, any unserved areas or areas with 
low-tier service; 
‘‘(iii) shall conduct separate systems 
of competitive bidding for awards made to 
unserved anchor institutions under clause 
(ii)(II), if a State awards any amounts dis-
tributed under this paragraph to unserved 
anchor institutions; 
‘‘(iv) shall return any unused portion 
of amounts distributed under this para-
graph to the Commission within 10 years 
after the date of the enactment of this sec-
tion and shall submit a certification to the 
Commission before receiving such amounts 
that the State will return such amounts; 
and
1438 
‘‘(v) may not use more than 5 percent 
of the amounts distributed under this 
paragraph to administer a system or sys-
tems of competitive bidding authorized by 
this paragraph. 
‘‘(3) COORDINATION OF FEDERAL AND STATE 
FUNDING.—The Commission, in consultation with 
the Office of Internet Connectivity and Growth, shall 
establish processes through the rulemaking under 
subsection (e) to— 
‘‘(A) enable States to conduct statewide 
systems of competitive bidding as part of, or in 
coordination with, national systems of competi-
tive bidding; 
‘‘(B) assist States in conducting statewide 
systems of competitive bidding; 
‘‘(C) ensure that program funds awarded 
by the Commission and program funds awarded 
by the States are not used in the same areas; 
and 
‘‘(D) ensure that program funds and funds 
awarded through other Federal programs to ex-
pand broadband service with a download speed 
of at least 100 megabits per second, an upload 
speed of at least 100 megabits per second, and
1439 
a latency that is sufficiently low to allow real- 
time, interactive applications, are not used in 
the same areas. 
‘‘(c) PROGRAM REQUIREMENTS.— 
‘‘(1) TECHNOLOGY NEUTRALITY REQUIRED.— 
The entity administering a system of competitive 
bidding (either a State or the Commission) in mak-
ing awards may not favor a project using any par-
ticular technology. 
‘‘(2) GIGABIT
PERFORMANCE
FUNDING.—The 
Commission shall reserve 20 percent of the amounts 
to be awarded by the Commission under subsection 
(b)(1), and each State shall reserve 20 percent of 
the amounts distributed to such State under sub-
section (b)(2), for bidders committing (with respect 
to any particular project by such a bidder) to offer, 
not later than the date that is 5 years after the date 
on which funding is provided under this section for 
such project, broadband service with a download 
speed of at least 1 gigabit per second and an upload 
speed of at least 1 gigabit per second or, in the case 
of a project to provide broadband service to an 
unserved anchor institution, broadband service with 
a download speed of at least 10 gigabits per second
1440 
per 1,000 users and an upload speed of at least 10 
gigabits per second per 1,000 users. 
‘‘(3) SYSTEM OF COMPETITIVE BIDDING PROC-
ESS.—The entity administering a system of competi-
tive bidding (either a State or the Commission) shall 
structure the system of competitive bidding process 
to— 
‘‘(A) first hold a system of competitive bid-
ding only for bidders committing (with respect 
to any particular project by such a bidder) to 
offer, not later than the date that is 5 years 
after the date on which funding is provided 
under this section for such project, broadband 
service with a download speed of at least 1 gig-
abit per second and an upload speed of at least 
1 gigabit per second or, in the case of a project 
to provide broadband service to an unserved an-
chor institution, broadband service with a 
download speed of at least 10 gigabits per sec-
ond per 1,000 users and an upload speed of at 
least 10 gigabits per second per 1,000 users; 
and 
‘‘(B) after holding the system of competi-
tive bidding required by subparagraph (A), hold 
one or more systems of competitive bidding, in
1441 
areas not receiving awards under subparagraph 
(A), to award funds for projects in areas that 
are estimated to remain unserved areas, areas 
with low-tier service, or (to the extent permitted 
under this section) areas with mid-tier service, 
or (to the extent permitted under this section) 
for projects to offer broadband service to an-
chor institutions that are estimated to remain 
unserved anchor institutions, after the comple-
tion of the projects for which funding is award-
ed under the system of competitive bidding re-
quired by subparagraph (A) or any previous 
system of competitive bidding under this sub-
paragraph. 
‘‘(4) FUNDS
PRIORITY
PREFERENCE.—There 
shall be a preference in a system of competitive bid-
ding for projects that would expand access to 
broadband service in areas where at least 90 percent 
of the population has no access to broadband service 
or does not have access to broadband service offered 
with a download speed of at least 25 megabits per 
second, with an upload speed of at least 3 megabits 
per second, and with latency that is sufficiently low 
to allow real-time, interactive applications. Such 
projects shall be given priority in such system of
1442 
competitive bidding over all other projects, regard-
less of how many preferences under paragraph (5) 
for which such other projects qualify. 
‘‘(5) FUNDS PREFERENCE.—There shall be a 
preference in a system of competitive bidding, as de-
termined by the entity administering the system of 
competitive bidding (either a State or the Commis-
sion), for any of the following projects: 
‘‘(A) Projects with at least 20 percent 
matching funds from non-Federal sources. 
‘‘(B) Projects that would expand access to 
broadband service on Tribal lands, as defined 
by the Commission. 
‘‘(C) 
Projects 
that 
would 
provide 
broadband service with higher speeds than 
those specified in subsection (d)(2), except in 
the case of funds awarded under subparagraph 
(A) of paragraph (3). 
‘‘(D) Projects that would expand access to 
broadband service in advance of the time speci-
fied in subsection (e)(5), except in the case of 
funds awarded under subparagraph (A) of 
paragraph (3).
1443 
‘‘(E) Projects that would expand access to 
broadband service to persistent poverty counties 
or high-poverty areas at subsidized rates. 
‘‘(F) Projects that, at least until the date 
that is 10 years after the date of the enactment 
of this section, would provide broadband service 
with comparable speeds to those provided in 
areas that, on the day before such date of en-
actment, were not unserved areas, areas with 
low-tier service, or areas with mid-tier service, 
with minimal future investment. 
‘‘(G) 
Projects 
that 
would 
provide 
broadband service consistent with consumer 
preferences based on data and analysis con-
ducted by the Commission. 
‘‘(H) Projects that would provide for the 
deployment of open-access broadband service 
networks. 
‘‘(6) UNSERVED AREAS AND AREAS WITH LOW- 
TIER OR MID-TIER SERVICE.—In determining wheth-
er an area is an unserved area, an area with low- 
tier service, or an area with mid-tier service or 
whether an anchor institution is an unserved anchor 
institution for any system of competitive bidding au-
thorized under this section, the Commission shall
1444 
implement the following requirements through the 
rulemaking described in subsection (e): 
‘‘(A) DATA
FOR
INITIAL
DETERMINA-
TION.—To make an initial determination as to 
whether an area is an unserved area, an area 
with low-tier service, or an area with mid-tier 
service or whether an anchor institution is an 
unserved anchor institution, the Commission 
shall— 
‘‘(i) use the most accurate and granu-
lar data on the map created by the Com-
mission under section 802(c)(1)(B); 
‘‘(ii) refine the data described in 
clause (i) by using— 
‘‘(I) other data on access to 
broadband service obtained or pur-
chased by the Commission; 
‘‘(II) other publicly available data 
or information on access to broadband 
service; and 
‘‘(III) other publicly available 
data 
or 
information 
on 
State 
broadband service deployment pro-
grams; and
1445 
‘‘(iii) not determine an area is not an 
unserved area, an area with low-tier serv-
ice, or an area with mid-tier service on the 
basis that one location within such area 
does not meet the definition of an unserved 
area, an area with low-tier service, or an 
area with mid-tier service. 
‘‘(B) 
INITIAL
DETERMINATION.—The 
Commission shall make an initial determination 
of the areas that are unserved areas, areas with 
low-tier service, and areas with mid-tier service 
and which anchor institutions are unserved an-
chor institutions not later than 270 days after 
the date of the enactment of this section. 
‘‘(C) CHALLENGE OF DETERMINATION.— 
‘‘(i) IN GENERAL.—The Commission 
shall provide for a process for challenging 
any initial determination regarding wheth-
er an area is an unserved area, an area 
with low-tier service, or an area with mid- 
tier service or whether an anchor institu-
tion is an unserved anchor institution that, 
at a minimum, provides not less than 45 
days for a person to voluntarily submit in-
formation concerning—
1446 
‘‘(I) the broadband service of-
fered in the area, or a commitment to 
offer broadband service in the area 
that is subject to legal sanction if not 
performed; or 
‘‘(II) the broadband service of-
fered to the anchor institution. 
‘‘(ii) STREAMLINED
PROCESS.—The 
Commission shall ensure that such process 
is sufficiently streamlined such that a rea-
sonably prudent person may easily partici-
pate to challenge such initial determination 
with little burden on such person. 
‘‘(D) FINAL DETERMINATION.—The Com-
mission shall make a final determination of the 
areas that are unserved areas, areas with low- 
tier service, or areas with mid-tier service and 
which anchor institutions are unserved anchor 
institutions within 1 year after the date of the 
enactment of this section. 
‘‘(7) 
NOTICE, 
TRANSPARENCY, 
ACCOUNT-
ABILITY, AND OVERSIGHT REQUIRED.—The program 
shall contain sufficient notice, transparency, ac-
countability, and oversight measures to provide the 
public with notice of the assistance provided under
1447 
this section, and to deter waste, fraud, and abuse of 
program funds. 
‘‘(8) COMPETENCE.—The program shall contain 
sufficient processes and requirements, as established 
by an entity administering a system of competitive 
bidding (either a State or the Commission), to en-
sure that, prior to bidding in such system of com-
petitive bidding, a provider of broadband service 
seeking to participate in such system of competitive 
bidding— 
‘‘(A) is capable of carrying out the project 
in a competent manner in compliance with all 
applicable Federal, State, and local laws; 
‘‘(B) has the financial capacity to meet the 
buildout obligations of the project and require-
ments as set forth under this section and as 
may be further prescribed by the Commission; 
and 
‘‘(C) has the technical and operational ca-
pability to provide broadband services in the 
manner contemplated by the provider’s bid in 
the system of competitive bidding, including a 
detailed consideration of the provider’s prior 
performance in delivering services as con-
templated in the bid and the capabilities of the
1448 
provider’s proposed network to deliver the con-
templated services in the area in question. 
‘‘(9) CONTRACTING REQUIREMENTS.—All labor-
ers and mechanics employed by contractors or sub-
contractors in the performance of construction, al-
teration, or repair work carried out, in whole or in 
part, with assistance made available under this sec-
tion shall be paid wages at rates not less than those 
prevailing on projects of a similar character in the 
locality as determined by the Secretary of Labor in 
accordance with subchapter IV of chapter 31 of title 
40, United States Code. With respect to the labor 
standards in this paragraph, the Secretary of Labor 
shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 
1267; 5 U.S.C. App.) and section 3145 of title 40, 
United States Code. 
‘‘(10) RULE OF CONSTRUCTION REGARDING EN-
VIRONMENTAL LAWS.—Nothing in this section shall 
be construed to affect— 
‘‘(A) the Clean Air Act (42 U.S.C. 7401 et 
seq.); 
‘‘(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.; commonly referred 
to as the ‘Clean Water Act’);
1449 
‘‘(C) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(D) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
‘‘(E) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.; commonly referred to as 
the ‘Resource Conservation and Recovery Act’); 
or 
‘‘(F) any State or local law that is similar 
to a law listed in subparagraphs (A) through 
(E). 
‘‘(11) REFERRAL OF ALLEGED VIOLATIONS OF 
APPLICABLE
FEDERAL
LABOR
AND
EMPLOYMENT 
LAWS.—The Commission shall refer any alleged vio-
lation of an applicable labor and employment law to 
the appropriate Federal agency for investigation and 
enforcement, and any alleged violation of paragraph 
(9) or (12) to the National Labor Relations Board 
for investigation and enforcement, utilizing all ap-
propriate remedies up to and including debarment 
from the program. 
‘‘(12) LABOR ORGANIZATION.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
National Labor Relations Act (29 U.S.C. 151 
et seq.), subparagraphs (B) through (F) shall
1450 
apply with respect to any funding recipient who 
is an employer and any labor organization who 
represents employees of a funding recipient. 
‘‘(B) 
NEUTRALITY
REQUIREMENT.—An 
employer shall remain neutral with respect to 
the exercise of employees and labor organiza-
tions of the right to organize and bargain under 
the National Labor Relations Act (29 U.S.C. 
151 et seq.). 
‘‘(C) COMMENCEMENT
OF
COLLECTIVE 
BARGAINING.—Not later than 10 days after re-
ceiving a written request for collective bar-
gaining from a labor organization that has been 
newly recognized or certified as a representative 
under section 9(a) of the National Labor Rela-
tions Act (29 U.S.C. 159(a)), or within such 
further period as the parties agree upon, the 
parties shall meet and commence to bargain 
collectively and shall make every reasonable ef-
fort to conclude and sign a collective bargaining 
agreement. 
‘‘(D) MEDIATION AND CONCILIATION FOR 
FAILURE TO REACH A COLLECTIVE BARGAINING 
AGREEMENT.—
1451 
‘‘(i) IN GENERAL.—If the parties have 
failed to reach an agreement before the 
date that is 90 days after the date on 
which bargaining is commenced under sub-
paragraph (C), or any later date agreed 
upon by both parties, either party may no-
tify the Federal Mediation and Conciliation 
Service of the existence of a dispute and 
request mediation. 
‘‘(ii) FEDERAL MEDIATION AND CON-
CILIATION SERVICE.—Whenever a request 
is received under clause (i), the Director of 
the Federal Mediation and Conciliation 
Service shall promptly communicate with 
the parties and use best efforts, by medi-
ation and conciliation, to bring them to 
agreement. 
‘‘(E) TRIPARTITE ARBITRATION PANEL.— 
‘‘(i) IN GENERAL.—If the Federal Me-
diation and Conciliation Service is not able 
to bring the parties to agreement by medi-
ation or conciliation before the date that is 
30 days after the date on which such medi-
ation or conciliation is commenced, or any 
later date agreed upon by both parties, the
1452 
Service shall refer the dispute to a tri-
partite arbitration panel established in ac-
cordance with such regulations as may be 
prescribed by the Service, with one mem-
ber selected by the labor organization, one 
member selected by the employer, and one 
neutral member mutually agreed to by the 
parties. 
‘‘(ii) DISPUTE SETTLEMENT.—A ma-
jority of the tripartite arbitration panel 
shall render a decision settling the dispute 
and such decision shall be binding upon 
the parties for a period of two years, un-
less amended during such period by writ-
ten consent of the parties. Such decision 
shall be based on— 
‘‘(I) the employer’s financial sta-
tus and prospects; 
‘‘(II) the size and type of the em-
ployer’s operations and business; 
‘‘(III) the employees’ cost of liv-
ing; 
‘‘(IV) the employees’ ability to 
sustain themselves, their families, and 
their dependents on the wages and
1453 
benefits they earn from the employer; 
and 
‘‘(V) the wages and benefits that 
other employers in the same business 
provide their employees. 
‘‘(F) PROHIBITION
ON
SUBCONTRACTING 
FOR CERTAIN PURPOSES.—A funding recipient 
may not engage in subcontracting for the pur-
pose of circumventing the terms of a collective 
bargaining agreement with respect to wages, 
benefits, or working conditions. 
‘‘(G) PARTIES
DEFINED.—In this para-
graph, the term ‘parties’ means a labor organi-
zation that is newly recognized or certified as a 
representative under section 9(a) of the Na-
tional Labor Relations Act (29 U.S.C. 159(a)) 
and the employer of the employees represented 
by such organization. 
‘‘(d) PROJECT REQUIREMENTS.—Any project funded 
through the program shall meet the following require-
ments: 
‘‘(1) The project shall adhere to quality-of-serv-
ice standards as established by the Commission. 
‘‘(2) Except as provided in paragraphs (2) and 
(3) of subsection (c), the project shall offer
1454 
broadband service with a download speed of at least 
100 megabits per second, an upload speed of at least 
100 megabits per second, and a latency that is suffi-
ciently low to allow real-time, interactive applica-
tions. 
‘‘(3) The project shall offer broadband service 
at prices that are comparable to, or lower than, the 
prices charged for comparable levels of service in 
areas that were not unserved areas, areas with low- 
tier service, or areas with mid-tier service on the day 
before the date of the enactment of this section. 
‘‘(4) For any project that involves laying fiber- 
optic cables along a roadway, the project shall in-
clude interspersed conduit access points at regular 
and short intervals. 
‘‘(5) The project shall incorporate prudent cy-
bersecurity and supply chain risk management prac-
tices, as specified by the Commission through the 
rulemaking described in subsection (e), in consulta-
tion with the Director of the National Institute of 
Standards and Technology and the Assistant Sec-
retary. 
‘‘(6) The project shall incorporate best prac-
tices, as defined by the Commission, for ensuring re-
1455 
liability and resiliency of the network during disas-
ters. 
‘‘(7) Any funding recipient must agree to have 
the project meet the requirements established under 
section 224, as if the project were classified as a 
‘utility’ under such section. The preceding sentence 
shall not apply to those entities or persons excluded 
from the definition of the term ‘utility’ by the second 
sentence of subsection (a)(1) of such section. 
‘‘(8) The project shall offer an affordable option 
for a broadband service plan under which broadband 
service is provided— 
‘‘(A) with a download speed of at least 50 
megabits per second; 
‘‘(B) with an upload speed of at least 50 
megabits per second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(e) RULEMAKING AND DISTRIBUTION AND AWARD 
OF FUNDS.—Not later than 180 days after the date of 
the enactment of this section, the Commission, in con-
sultation with the Assistant Secretary, shall promulgate 
rules—
1456 
‘‘(1) that implement the requirements of this 
section, as appropriate; 
‘‘(2) that establish the design of and rules for 
the national systems of competitive bidding; 
‘‘(3) that establish notice requirements for all 
systems of competitive bidding authorized under this 
section that, at a minimum, provide the public with 
notice of— 
‘‘(A) the initial determination of which 
areas are unserved areas, areas with low-tier 
service, or areas with mid-tier service; 
‘‘(B) the final determination of which 
areas are unserved areas, areas with low-tier 
service, or areas with mid-tier service after the 
process for challenging the initial determination 
has concluded; 
‘‘(C) which entities have applied to bid for 
funding; and 
‘‘(D) the results of any system of competi-
tive bidding, including identifying the funding 
recipients, which areas each project will serve, 
the nature of the service that will be provided 
by the project in each of those areas, and how 
much funding the funding recipients will receive 
in each of those areas;
1457 
‘‘(4) that establish broadband service buildout 
milestones and periodic certification by funding re-
cipients to ensure compliance with the broadband 
service buildout milestones for all systems of com-
petitive bidding authorized under this section; 
‘‘(5) that, except as provided in paragraphs (2) 
and (3) of subsection (c), establish a maximum 
buildout timeframe of four years beginning on the 
date on which funding is provided under this section 
for a project; 
‘‘(6) that establish periodic reporting require-
ments for funding recipients and that identify, at a 
minimum, the nature of the service provided in each 
area for any system of competitive bidding author-
ized under this section; 
‘‘(7) that establish standard penalties for the 
noncompliance of funding recipients or projects with 
the requirements as set forth under this section and 
as may be further prescribed by the Commission for 
any system of competitive bidding authorized under 
this section; 
‘‘(8) that establish procedures for recovery of 
funds, in whole or in part, from funding recipients 
in the event of the default or noncompliance of the 
funding recipient or project with the requirements
1458 
established under this section for any system of com-
petitive bidding authorized under this section; and 
‘‘(9) that establish mechanisms to reduce waste, 
fraud, and abuse within the program for any system 
of competitive bidding authorized under this section. 
‘‘(f) REPORTS REQUIRED.— 
‘‘(1) INSPECTOR GENERAL AND COMPTROLLER 
GENERAL
REPORT.—Not later than June 30 and 
December 31 of each year following the awarding of 
the first funds under the program, the Inspector 
General of the Commission and the Comptroller 
General of the United States shall submit to the 
Committees on Energy and Commerce of the House 
of Representatives and Commerce, Science, and 
Transportation of the Senate a report for the pre-
vious 6 months that reviews the program. Such re-
port shall include any recommendations to address 
waste, fraud, and abuse. 
‘‘(2) STATE REPORTS.—Any State that receives 
funds under the program shall submit an annual re-
port to the Commission on how such funds were 
spent, along with a certification of compliance with 
the requirements as set forth under this section and 
as may be further prescribed by the Commission, in-
cluding a description of each service provided and
1459 
the number of individuals to whom the service was 
provided. 
‘‘(g) APPROPRIATION.—There are appropriated to 
the Commission, out of any money in the Treasury not 
otherwise appropriated, $80,000,000,000 to carry out the 
program for fiscal year 2021, to remain available until ex-
pended. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) AFFORDABLE OPTION.—The term ‘afford-
able option’ means, with respect to a broadband 
service plan, that broadband service is provided 
under such plan at a rate that is determined by the 
Commission, in coordination with the Office of 
Internet Connectivity and Growth, to be affordable 
for a household with an income of 136 percent of 
the poverty threshold, as determined by using cri-
teria of poverty established by the Bureau of the 
Census, for a four-person household that includes 
two dependents under the age of 18. 
‘‘(2) ANCHOR INSTITUTION.—The term ‘anchor 
institution’ means a public or private school, a li-
brary, a medical or healthcare provider, a museum, 
a public safety entity, a public housing agency (as 
defined in section 3(b) of the United States Housing 
Act of 1937 (42 U.S.C. 1437a(b))), a community
1460 
college, an institution of higher education, a reli-
gious organization, or any other community support 
organization or agency. 
‘‘(3) AREA.—The term ‘area’ means the geo-
graphic unit of measurement with the greatest level 
of granularity reasonably feasible for the Commis-
sion to use in making eligibility determinations 
under this section and in meeting the requirements 
and deadlines of this section. 
‘‘(4) AREA
WITH
LOW-TIER
SERVICE.—The 
term ‘area with low-tier service’ means an area 
where at least 90 percent of the population has ac-
cess to broadband service offered— 
‘‘(A) with a download speed of at least 25 
megabits per second but less than 100 megabits 
per second; 
‘‘(B) with an upload speed of at least 25 
megabits per second but less than 100 megabits 
per second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(5) AREA WITH MID-TIER SERVICE.—The term 
‘area with mid-tier service’ means an area where at
1461 
least 90 percent of the population has access to 
broadband service offered— 
‘‘(A) with a download speed of at least 100 
megabits per second but less than 1 gigabit per 
second; 
‘‘(B) with an upload speed of at least 100 
megabits per second but less than 1 gigabit per 
second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(6) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary of 
Commerce for Communications and Information. 
‘‘(7) 
BROADBAND
SERVICE.—The 
term 
‘broadband service’— 
‘‘(A) means broadband internet access 
service that is a mass-market retail service, or 
a service provided to an anchor institution, by 
wire or radio that provides the capability to 
transmit data to and receive data from all or 
substantially all internet endpoints, including 
any capabilities that are incidental to and en-
able the operation of the communications serv-
ice;
1462 
‘‘(B) includes any service that is a func-
tional equivalent of the service described in sub-
paragraph (A); and 
‘‘(C) does not include dial-up internet ac-
cess service. 
‘‘(8) COLLECTIVE BARGAINING.—The term ‘col-
lective bargaining’ means performance of the mutual 
obligation described in section 8(d) of the National 
Labor Relations Act (29 U.S.C. 158(d)). 
‘‘(9) COLLECTIVE BARGAINING AGREEMENT.— 
The term ‘collective bargaining agreement’ means an 
agreement reach through collective bargaining. 
‘‘(10) FUNDING RECIPIENT.—The term ‘fund-
ing recipient’ means an entity that receives funding 
for a project under this section, including a private 
entity, public-private partnership, cooperative, or 
municipal broadband service provider. 
‘‘(11) HIGH-POVERTY AREA.—The term ‘high- 
poverty area’ means a census tract with a poverty 
rate of at least 20 percent, as measured by the most 
recent 5-year data series available from the Amer-
ican Community Survey of the Bureau of the Census 
as of the year before the date of the enactment of 
this section. In the case of a territory or possession 
of the United States in which no such data is col-
1463 
lected from the American Community Survey of the 
Bureau of the Census as of the year before the date 
of the enactment of this section, such term includes 
a census tract with a poverty rate of at least 20 per-
cent, as measured by the 2010 Island Areas Decen-
nial Census of the Bureau of the Census. 
‘‘(12) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’— 
‘‘(A) has the meaning given the term in 
section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001); and 
‘‘(B) includes a postsecondary vocational 
institution. 
‘‘(13) LABOR ORGANIZATION.—The term ‘labor 
organization’ has the meaning given the term in sec-
tion 2 of the National Labor Relations Act (29 
U.S.C. 152). 
‘‘(14) PERSISTENT
POVERTY
COUNTY.—The 
term ‘persistent poverty county’ means any county 
with a poverty rate of at least 20 percent, as deter-
mined in each of the 1990 and 2000 decennial cen-
suses and in the Small Area Income and Poverty Es-
timates of the Bureau of the Census for the most re-
cent year for which the Estimates are available. In 
the case of a territory or possession of the United
1464 
States, such term includes any county equivalent 
area in Puerto Rico with a poverty rate of at least 
20 percent, as determined in each of the 1990 and 
2000 decennial censuses and in the most recent 5- 
year data series available from the American Com-
munity Survey of the Bureau of the Census as of 
the year before the date of the enactment of this 
section, or any other territory or possession of the 
United States with a poverty rate of at least 20 per-
cent, as determined in each of the 1990, 2000, and 
2010 Island Areas Decennial Censuses of the Bu-
reau of the Census. 
‘‘(15) 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)). 
‘‘(16) PROGRAM.—Unless otherwise indicated, 
the term ‘program’ means the program established 
under subsection (a). 
‘‘(17) PROJECT.—The term ‘project’ means an 
undertaking by a funding recipient under this sec-
tion to construct and deploy infrastructure for the 
provision of broadband service.
1465 
‘‘(18) UNSERVED ANCHOR INSTITUTION.—The 
term ‘unserved anchor institution’ means an anchor 
institution that has no access to broadband service 
or does not have access to broadband service of-
fered— 
‘‘(A) with a download speed of at least 1 
gigabit per second per 1,000 users; 
‘‘(B) with an upload speed of at least 1 
gigabit per second per 1,000 users; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(19) UNSERVED AREA.—The term ‘unserved 
area’ means an area where at least 90 percent of the 
population has no access to broadband service or 
does not have access to broadband service offered— 
‘‘(A) with a download speed of at least 25 
megabits per second; 
‘‘(B) with an upload speed of at least 25 
megabits per second; and 
‘‘(C) with latency that is sufficiently low to 
allow real-time, interactive applications.’’.
1466 
SEC. 31302. UNIVERSAL SERVICE IN INDIAN COUNTRY AND 
AREAS WITH HIGH POPULATIONS OF INDIAN 
PEOPLE. 
Section 254(b)(3) of the Communications Act of 
1934 (47 U.S.C. 254(b)(3)) is amended by inserting ‘‘and 
in Indian country (as defined in section 1151 of title 18, 
United States Code) and areas with high populations of 
Indian (as defined in section 19 of the Act of June 18, 
1934 (Chapter 576; 48 Stat. 988; 25 U.S.C. 5129)) peo-
ple’’ after ‘‘high cost areas’’. 
CHAPTER 2—BROADBAND INFRASTRUC-
TURE FINANCE AND INNOVATION 
SEC. 31321. DEFINITIONS. 
In this chapter: 
(1) BIFIA PROGRAM.—The term ‘‘BIFIA pro-
gram’’ means the broadband infrastructure finance 
and innovation program established under this chap-
ter. 
(2) 
BROADBAND
SERVICE.—The 
term 
‘‘broadband service’’— 
(A) means broadband internet access serv-
ice that is a mass-market retail service, or a 
service provided to an entity described in para-
graph (11)(B)(ii), by wire or radio that pro-
vides the capability to transmit data to and re-
ceive data from all or substantially all internet
1467 
endpoints, including any capabilities that are 
incidental to and enable the operation of the 
communications service; 
(B) includes any service that is a func-
tional equivalent of the service described in sub-
paragraph (A); and 
(C) does not include dial-up internet access 
service. 
(3) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’ means amounts substantially all 
of which are paid by, or for the account of, an obli-
gor in connection with a project, including the cost 
of— 
(A) development phase activities, including 
planning, feasibility analysis, revenue fore-
casting, environmental review, historic preserva-
tion review, permitting, preliminary engineering 
and design work, and other preconstruction ac-
tivities; 
(B) construction and deployment phase ac-
tivities, including— 
(i) construction, reconstruction, reha-
bilitation, replacement, and acquisition of 
real property (including land relating to 
the project and improvements to land),
1468 
equipment, instrumentation, networking 
capability, hardware and software, and dig-
ital network technology; 
(ii) environmental mitigation; and 
(iii) construction contingencies; and 
(C) capitalized interest necessary to meet 
market requirements, reasonably required re-
serve funds, capital issuance expenses, and 
other carrying costs during construction and 
deployment. 
(4) FEDERAL CREDIT INSTRUMENT.—The term 
‘‘Federal credit instrument’’ means a secured loan, 
loan guarantee, or line of credit authorized to be 
made available under the BIFIA program with re-
spect to a project. 
(5) INVESTMENT-GRADE
RATING.—The term 
‘‘investment-grade rating’’ means a rating of BBB 
minus, Baa3, bbb minus, BBB (low), or higher as-
signed by a rating agency to project obligations. 
(6) LENDER.—The term ‘‘lender’’ means any 
non-Federal qualified institutional buyer (as defined 
in section 230.144A(a) of title 17, Code of Federal 
Regulations (or any successor regulation), known as 
Rule 144A(a) of the Securities and Exchange Com-
1469 
mission and issued under the Securities Act of 1933 
(15 U.S.C. 77a et seq.)), including— 
(A) a qualified retirement plan (as defined 
in section 4974(c) of the Internal Revenue Code 
of 1986) that is a qualified institutional buyer; 
and 
(B) a governmental plan (as defined in 
section 414(d) of the Internal Revenue Code of 
1986) that is a qualified institutional buyer. 
(7) LETTER OF INTEREST.—The term ‘‘letter 
of interest’’ means a letter submitted by a potential 
applicant prior to an application for credit assistance 
in a format prescribed by the Assistant Secretary on 
the website of the BIFIA program that— 
(A) describes the project and the location, 
purpose, and cost of the project; 
(B) outlines the proposed financial plan, 
including the requested credit assistance and 
the proposed obligor; 
(C) provides a status of environmental re-
view; and 
(D) provides information regarding satis-
faction of other eligibility requirements of the 
BIFIA program.
1470 
(8) LINE OF CREDIT.—The term ‘‘line of cred-
it’’ means an agreement entered into by the Assist-
ant Secretary with an obligor under section 31324 
to provide a direct loan at a future date upon the 
occurrence of certain events. 
(9) LOAN GUARANTEE.—The term ‘‘loan guar-
antee’’ means any guarantee or other pledge by the 
Assistant Secretary to pay all or part of the prin-
cipal of and interest on a loan or other debt obliga-
tion issued by an obligor and funded by a lender. 
(10) OBLIGOR.—The term ‘‘obligor’’ means a 
party that— 
(A) is primarily liable for payment of the 
principal of or interest on a Federal credit in-
strument; and 
(B) may be a corporation, company, part-
nership, joint venture, trust, or governmental 
entity, agency, or instrumentality. 
(11) PROJECT.—The term ‘‘project’’ means a 
project— 
(A) to construct and deploy infrastructure 
for the provision of broadband service; and 
(B) that the Assistant Secretary deter-
mines will—
1471 
(i) provide access or improved access 
to broadband service to consumers residing 
in areas of the United States that have no 
access to broadband service or do not have 
access to broadband service offered— 
(I) with a download speed of at 
least 100 megabits per second; 
(II) with an upload speed of at 
least 20 megabits per second; and 
(III) with latency that is suffi-
ciently low to allow real-time, inter-
active applications; or 
(ii) provide access or improved access 
to broadband service to— 
(I) schools, libraries, medical and 
healthcare providers, community col-
leges and other institutions of higher 
education, museums, religious organi-
zations, and other community support 
organizations and entities to facilitate 
greater use of broadband service by or 
through such organizations; 
(II) organizations and agencies 
that provide outreach, access, equip-
ment, and support services to facili-
1472 
tate greater use of broadband service 
by low-income, unemployed, aged, and 
otherwise vulnerable populations; 
(III) job-creating strategic facili-
ties located within a State-designated 
economic zone, Economic Develop-
ment District designated by the De-
partment of Commerce, Empower-
ment Zone designated by the Depart-
ment of Housing and Urban Develop-
ment, or Enterprise Community des-
ignated by the Department of Agri-
culture; or 
(IV) public safety agencies. 
(12) 
PROJECT
OBLIGATION.—The 
term 
‘‘project obligation’’ means any note, bond, deben-
ture, or other debt obligation issued by an obligor in 
connection with the financing of a project, other 
than a Federal credit instrument. 
(13) PUBLIC
AUTHORITY.—The term ‘‘public 
authority’’ means a Federal, State, county, town, or 
township, Indian Tribe, municipal or other local gov-
ernment or instrumentality with authority to fi-
nance, build, operate, or maintain infrastructure for 
the provision of broadband service.
1473 
(14) RATING AGENCY.—The term ‘‘rating agen-
cy’’ means a credit rating agency registered with the 
Securities and Exchange Commission as a nationally 
recognized statistical rating organization (as defined 
in section 3(a) of the Securities Exchange Act of 
1934 (15 U.S.C. 78c(a))). 
(15) SECURED
LOAN.—The term ‘‘secured 
loan’’ means a direct loan or other debt obligation 
issued by an obligor and funded by the Assistant 
Secretary in connection with the financing of a 
project under section 31323. 
(16) 
SMALL
PROJECT.—The 
term 
‘‘small 
project’’ means a project having eligible project costs 
that are reasonably anticipated not to equal or ex-
ceed $20,000,000. 
(17) SUBSIDY
AMOUNT.—The term ‘‘subsidy 
amount’’ means the amount of budget authority suf-
ficient to cover the estimated long-term cost to the 
Federal Government of a Federal credit instru-
ment— 
(A) calculated on a net present value basis; 
and 
(B) excluding administrative costs and any 
incidental effects on governmental receipts or
1474 
outlays in accordance with the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661 et seq.). 
(18) SUBSTANTIAL
COMPLETION.—The term 
‘‘substantial completion’’ means, with respect to a 
project receiving credit assistance under the BIFIA 
program— 
(A) the commencement of the provision of 
broadband service using the infrastructure 
being financed; or 
(B) a comparable event, as determined by 
the Assistant Secretary and specified in the 
credit agreement. 
SEC. 
31322. 
DETERMINATION 
OF 
ELIGIBILITY 
AND 
PROJECT SELECTION. 
(a) ELIGIBILITY.— 
(1) IN GENERAL.—A project shall be eligible to 
receive credit assistance under the BIFIA program 
if— 
(A) the entity proposing to carry out the 
project submits a letter of interest prior to sub-
mission of a formal application for the project; 
and 
(B) the project meets the criteria described 
in this subsection. 
(2) CREDITWORTHINESS.—
1475 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), to be eligible for assistance 
under the BIFIA program, a project shall sat-
isfy 
applicable 
creditworthiness 
standards, 
which, at a minimum, shall include— 
(i) adequate coverage requirements to 
ensure repayment; 
(ii) an investment-grade rating from 
at least two rating agencies on debt senior 
to the Federal credit instrument; and 
(iii) a rating from at least two rating 
agencies on the Federal credit instrument. 
(B) SMALL
PROJECTS.—In order for a 
small project to be eligible for assistance under 
the BIFIA program, such project shall satisfy 
alternative creditworthiness standards that shall 
be established by the Assistant Secretary under 
section 31325 for purposes of this paragraph. 
(3) APPLICATION.—A State, local government, 
agency or instrumentality of a State or local govern-
ment, public authority, public-private partnership, or 
any other legal entity undertaking the project and 
authorized by the Assistant Secretary shall submit a 
project application that is acceptable to the Assist-
ant Secretary.
1476 
(4) ELIGIBLE PROJECT COST PARAMETERS FOR 
INFRASTRUCTURE PROJECTS.—Eligible project costs 
shall be reasonably anticipated to equal or exceed 
$2,000,000 in the case of a project or program of 
projects— 
(A) in which the applicant is a local gov-
ernment, instrumentality of local government, 
or public authority (other than a public author-
ity that is a Federal or State government or in-
strumentality); 
(B) located on a facility owned by a local 
government; or 
(C) for which the Assistant Secretary de-
termines that a local government is substan-
tially involved in the development of the project. 
(5) DEDICATED REVENUE SOURCES.—The ap-
plicable Federal credit instrument shall be repayable, 
in whole or in part, from— 
(A) amounts charged to— 
(i) subscribers of broadband service 
for such service; or 
(ii) subscribers of any related service 
provided over the same infrastructure for 
such related service; 
(B) user fees;
1477 
(C) payments owing to the obligor under a 
public-private partnership; or 
(D) other dedicated revenue sources that 
also secure or fund the project obligations. 
(6) APPLICATIONS WHERE OBLIGOR WILL BE 
IDENTIFIED
LATER.—A State, local government, 
agency or instrumentality of a State or local govern-
ment, or public authority may submit to the Assist-
ant Secretary an application under paragraph (3), 
under which a private party to a public-private part-
nership will be— 
(A) the obligor; and 
(B) identified later through completion of 
a procurement and selection of the private 
party. 
(7) BENEFICIAL EFFECTS.—The Assistant Sec-
retary shall determine that financial assistance for 
the project under the BIFIA program will— 
(A) foster, if appropriate, partnerships 
that attract public and private investment for 
the project; 
(B) enable the project to proceed at an 
earlier date than the project would otherwise be 
able to proceed or reduce the lifecycle costs (in-
cluding debt service costs) of the project; and
1478 
(C) reduce the contribution of Federal 
grant assistance for the project. 
(8) PROJECT READINESS.—To be eligible for 
assistance under the BIFIA program, the applicant 
shall demonstrate a reasonable expectation that the 
contracting process for the construction and deploy-
ment 
of 
infrastructure 
for 
the 
provision 
of 
broadband service through the project can commence 
by no later than 90 days after the date on which a 
Federal credit instrument is obligated for the project 
under the BIFIA program. 
(9) PUBLIC SPONSORSHIP OF PRIVATE ENTI-
TIES.— 
(A) IN GENERAL.—If an eligible project is 
carried out by an entity that is not a State or 
local government or an agency or instrumen-
tality of a State or local government or a Tribal 
Government or consortium of Tribal Govern-
ments, the project shall be publicly sponsored. 
(B) PUBLIC SPONSORSHIP.—For purposes 
of this chapter, a project shall be considered to 
be publicly sponsored if the obligor can dem-
onstrate, to the satisfaction of the Assistant 
Secretary, that the project applicant has con-
sulted with the State, local, or Tribal Govern-
1479 
ment in the area in which the project is located, 
or that is otherwise affected by the project, and 
that such Government supports the proposal. 
(b) SELECTION AMONG ELIGIBLE PROJECTS.— 
(1) ESTABLISHMENT
OF
APPLICATION
PROC-
ESS.—The Assistant Secretary shall establish a roll-
ing application process under which projects that are 
eligible to receive credit assistance under subsection 
(a) shall receive credit assistance on terms accept-
able to the Assistant Secretary, if adequate funds 
are available to cover the subsidy costs associated 
with the Federal credit instrument. 
(2) PRELIMINARY RATING OPINION LETTER.— 
The Assistant Secretary shall require each project 
applicant to provide— 
(A) a preliminary rating opinion letter 
from at least one rating agency— 
(i) indicating that the senior obliga-
tions of the project, which may be the Fed-
eral credit instrument, have the potential 
to achieve an investment-grade rating; and 
(ii) including a preliminary rating 
opinion on the Federal credit instrument; 
or
1480 
(B) in the case of a small project, alter-
native documentation that the Assistant Sec-
retary shall require in the standards established 
under section 31325 for purposes of this para-
graph. 
(3) TECHNOLOGY NEUTRALITY REQUIRED.—In 
selecting projects to receive credit assistance under 
the BIFIA program, the Assistant Secretary may 
not favor a project using any particular technology. 
(4) PREFERENCE
FOR
OPEN-ACCESS
NET-
WORKS.—In selecting projects to receive credit as-
sistance under the BIFIA program, the Assistant 
Secretary shall give preference to projects providing 
for the deployment of open-access broadband service 
networks. 
(c) FEDERAL REQUIREMENTS.— 
(1) IN GENERAL.—The following provisions of 
law shall apply to funds made available under the 
BIFIA program and projects assisted with those 
funds: 
(A) Title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.). 
(B) The National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).
1481 
(C) 54 U.S.C. 300101 et seq. (commonly 
referred to as the ‘‘National Historic Preserva-
tion Act’’). 
(D) The Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.). 
(2) NEPA.—No funding shall be obligated for 
a project that has not received an environmental cat-
egorical exclusion, a finding of no significant impact, 
or a record of decision under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(3) TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964.—For purposes of title VI of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d et seq.), any project 
that receives credit assistance under the BIFIA pro-
gram shall be considered a program or activity with-
in the meaning of section 606 of such title (42 
U.S.C. 2000d–4a). 
(4) CONTRACTING REQUIREMENTS.—All labor-
ers and mechanics employed by contractors or sub-
contractors in the performance of construction, al-
teration, or repair work carried out, in whole or in 
part, with assistance made available through a Fed-
eral credit instrument shall be paid wages at rates 
not less than those prevailing on projects of a simi-
1482 
lar character in the locality as determined by the 
Secretary of Labor in accordance with subchapter 
IV of chapter 31 of title 40, United States Code. 
With respect to the labor standards in this para-
graph, the Secretary of Labor shall have the author-
ity and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
App.) and section 3145 of title 40, United States 
Code. 
(5) NEUTRALITY REQUIREMENT.—An employer 
receiving assistance made available through a Fed-
eral credit instrument under this chapter shall re-
main neutral with respect to the exercise of employ-
ees and labor organizations of the right to organize 
and bargain under the National Labor Relations Act 
(29 U.S.C. 151 et seq.). 
(6) REFERRAL OF ALLEGED VIOLATIONS OF AP-
PLICABLE
FEDERAL
LABOR
AND
EMPLOYMENT 
LAWS.—The Assistant Secretary shall refer any al-
leged violation of an applicable labor and employ-
ment law to the appropriate Federal agency for in-
vestigation and enforcement, and any alleged viola-
tion of paragraph (4) or (5) to the National Labor 
Relations Board for investigation and enforcement,
1483 
utilizing all appropriate remedies up to and includ-
ing debarment from the BIFIA program. 
(d) APPLICATION PROCESSING PROCEDURES.— 
(1) NOTICE OF COMPLETE APPLICATION.—Not 
later than 30 days after the date of receipt of an ap-
plication under this section, the Assistant Secretary 
shall provide to the applicant a written notice to in-
form the applicant whether— 
(A) the application is complete; or 
(B) additional information or materials are 
needed to complete the application. 
(2) APPROVAL OR DENIAL OF APPLICATION.— 
Not later than 60 days after the date of issuance of 
the written notice under paragraph (1), the Assist-
ant Secretary shall provide to the applicant a writ-
ten notice informing the applicant whether the As-
sistant Secretary has approved or disapproved the 
application. 
(3) APPROVAL BEFORE NEPA REVIEW.—Subject 
to subsection (c)(2), an application for a project may 
be approved before the project receives an environ-
mental categorical exclusion, a finding of no signifi-
cant impact, or a record of decision under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).
1484 
(e) DEVELOPMENT PHASE ACTIVITIES.—Any credit 
instrument secured under the BIFIA program may be 
used to finance up to 100 percent of the cost of develop-
ment phase activities as described in section 31321(3)(A). 
SEC. 31323. SECURED LOANS. 
(a) IN GENERAL.— 
(1) AGREEMENTS.—Subject to paragraphs (2) 
and (3), the Assistant Secretary may enter into 
agreements with one or more obligors to make se-
cured loans, the proceeds of which shall be used— 
(A) to finance eligible project costs of any 
project selected under section 31322; 
(B) to refinance interim construction fi-
nancing of eligible project costs of any project 
selected under section 31322; or 
(C) to refinance long-term project obliga-
tions or Federal credit instruments, if the refi-
nancing provides additional funding capacity for 
the completion, enhancement, or expansion of 
any project that— 
(i) is selected under section 31322; or 
(ii) otherwise meets the requirements 
of section 31322. 
(2) LIMITATION ON REFINANCING OF INTERIM 
CONSTRUCTION
FINANCING.—A loan under para-
1485 
graph (1) shall not refinance interim construction fi-
nancing under paragraph (1)(B)— 
(A) if the maturity of such interim con-
struction financing is later than 1 year after 
the substantial completion of the project; and 
(B) later than 1 year after the date of sub-
stantial completion of the project. 
(3) RISK
ASSESSMENT.—Before entering into 
an agreement under this subsection, the Assistant 
Secretary, in consultation with the Director of the 
Office of Management and Budget, shall determine 
an appropriate capital reserve subsidy amount for 
each secured loan, taking into account each rating 
letter provided by a rating agency under section 
31322(b)(2)(A)(ii) or, in the case of a small project, 
the alternative documentation provided under section 
31322(b)(2)(B). 
(b) TERMS AND LIMITATIONS.— 
(1) IN GENERAL.—A secured loan under this 
section with respect to a project shall be on such 
terms and conditions and contain such covenants, 
representations, warranties, and requirements (in-
cluding requirements for audits) as the Assistant 
Secretary determines to be appropriate.
1486 
(2) MAXIMUM AMOUNT.—The amount of a se-
cured loan under this section shall not exceed the 
lesser of 49 percent of the reasonably anticipated eli-
gible project costs or, if the secured loan is not for 
a small project and does not receive an investment- 
grade rating, the amount of the senior project obli-
gations. 
(3) PAYMENT.—A secured loan under this sec-
tion— 
(A) shall— 
(i) be payable, in whole or in part, 
from— 
(I) amounts charged to— 
(aa) 
subscribers 
of 
broadband service for such serv-
ice; or 
(bb) subscribers of any re-
lated service provided over the 
same infrastructure for such re-
lated service; 
(II) user fees; 
(III) payments owing to the obli-
gor under a public-private partner-
ship; or
1487 
(IV) other dedicated revenue 
sources that also secure the senior 
project obligations; and 
(ii) include a coverage requirement or 
similar security feature supporting the 
project obligations; and 
(B) may have a lien on revenues described 
in subparagraph (A), subject to any lien secur-
ing project obligations. 
(4) INTEREST RATE.—The interest rate on a 
secured loan under this section shall be not less than 
the yield on United States Treasury securities of a 
similar maturity to the maturity of the secured loan 
on the date of execution of the loan agreement. 
(5) MATURITY DATE.—The final maturity date 
of the secured loan shall be the lesser of— 
(A) 35 years after the date of substantial 
completion of the project; and 
(B) if the useful life of the infrastructure 
for the provision of broadband service being fi-
nanced is of a lesser period, the useful life of 
the infrastructure. 
(6) NONSUBORDINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the secured loan shall not be
1488 
subordinated to the claims of any holder of 
project obligations in the event of bankruptcy, 
insolvency, or liquidation of the obligor. 
(B) PREEXISTING INDENTURE.— 
(i) IN GENERAL.—The Assistant Sec-
retary shall waive the requirement under 
subparagraph (A) for a public agency bor-
rower that is financing ongoing capital 
programs and has outstanding senior 
bonds under a preexisting indenture, if— 
(I) the secured loan— 
(aa) is rated in the A cat-
egory or higher; or 
(bb) in the case of a small 
project, 
meets 
an 
alternative 
standard that the Assistant Sec-
retary shall establish under sec-
tion 31325 for purposes of this 
subclause; 
(II) the secured loan is secured 
and payable from pledged revenues 
not affected by project performance, 
such as a tax-backed revenue pledge 
or a system-backed pledge of project 
revenues; and
1489 
(III) the BIFIA program share 
of eligible project costs is 33 percent 
or less. 
(ii) LIMITATION.—If the Assistant 
Secretary waives the nonsubordination re-
quirement under this subparagraph— 
(I) the maximum credit subsidy 
to be paid by the Federal Government 
shall be not more than 10 percent of 
the principal amount of the secured 
loan; and 
(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy cost, if any. 
(7) FEES.—The Assistant Secretary may estab-
lish fees at a level sufficient to cover all or a portion 
of the costs to the Federal Government of making 
a secured loan under this section. 
(8) NON-FEDERAL SHARE.—The proceeds of a 
secured loan under the BIFIA program, if the loan 
is repayable from non-Federal funds— 
(A) may be used for any non-Federal share 
of project costs required under this chapter; 
and
1490 
(B) shall not count toward the total Fed-
eral assistance provided for a project for pur-
poses of paragraph (9). 
(9) MAXIMUM
FEDERAL
INVOLVEMENT.—The 
total Federal assistance provided for a project re-
ceiving a loan under the BIFIA program shall not 
exceed 80 percent of the total project cost. 
(c) REPAYMENT.— 
(1) SCHEDULE.—The Assistant Secretary shall 
establish a repayment schedule for each secured loan 
under this section based on— 
(A) the projected cash flow from project 
revenues and other repayment sources; and 
(B) the useful life of the infrastructure for 
the provision of broadband service being fi-
nanced. 
(2) COMMENCEMENT.—Scheduled loan repay-
ments of principal or interest on a secured loan 
under this section shall commence not later than 5 
years after the date of substantial completion of the 
project. 
(3) DEFERRED PAYMENTS.— 
(A) IN GENERAL.—If, at any time after 
the date of substantial completion of the 
project, the project is unable to generate suffi-
1491 
cient revenues to pay the scheduled loan repay-
ments of principal and interest on the secured 
loan, the Assistant Secretary may, subject to 
subparagraph (C), allow the obligor to add un-
paid principal and interest to the outstanding 
balance of the secured loan. 
(B) INTEREST.—Any payment deferred 
under subparagraph (A) shall— 
(i) continue to accrue interest in ac-
cordance with subsection (b)(4) until fully 
repaid; and 
(ii) be scheduled to be amortized over 
the remaining term of the loan. 
(C) CRITERIA.— 
(i) IN GENERAL.—Any payment defer-
ral under subparagraph (A) shall be con-
tingent on the project meeting criteria es-
tablished by the Assistant Secretary. 
(ii) REPAYMENT
STANDARDS.—The 
criteria established pursuant to clause (i) 
shall include standards for reasonable as-
surance of repayment. 
(4) PREPAYMENT.— 
(A) USE OF EXCESS REVENUES.—Any ex-
cess revenues that remain after satisfying
1492 
scheduled debt service requirements on the 
project obligations and secured loan and all de-
posit requirements under the terms of any trust 
agreement, bond resolution, or similar agree-
ment securing project obligations may be ap-
plied annually to prepay the secured loan with-
out penalty. 
(B) 
USE
OF
PROCEEDS
OF
REFI-
NANCING.—The secured loan may be prepaid at 
any time without penalty from the proceeds of 
refinancing from non-Federal funding sources. 
(d) SALE OF SECURED LOANS.— 
(1) IN GENERAL.—Subject to paragraph (2), as 
soon as practicable after substantial completion of a 
project and after notifying the obligor, the Assistant 
Secretary may sell to another entity or reoffer into 
the capital markets a secured loan for the project if 
the Assistant Secretary determines that the sale or 
reoffering can be made on favorable terms. 
(2) CONSENT OF OBLIGOR.—In making a sale 
or reoffering under paragraph (1), the Assistant 
Secretary may not change the original terms and 
conditions of the secured loan without the written 
consent of the obligor. 
(e) LOAN GUARANTEES.—
1493 
(1) IN
GENERAL.—The Assistant Secretary 
may provide a loan guarantee to a lender in lieu of 
making a secured loan under this section if the As-
sistant Secretary determines that the budgetary cost 
of the loan guarantee is substantially the same as 
that of a secured loan. 
(2) TERMS.—The terms of a loan guarantee 
under paragraph (1) shall be consistent with the 
terms required under this section for a secured loan, 
except that the rate on the guaranteed loan and any 
prepayment features shall be negotiated between the 
obligor and the lender, with the consent of the As-
sistant Secretary. 
(f) STREAMLINED APPLICATION PROCESS.— 
(1) IN
GENERAL.—The Assistant Secretary 
shall develop one or more expedited application proc-
esses, available at the request of entities seeking se-
cured loans under the BIFIA program, that use a 
set or sets of conventional terms established pursu-
ant to this section. 
(2) TERMS.—In establishing the streamlined 
application process required by this subsection, the 
Assistant Secretary may allow for an expedited ap-
plication period and include terms such as those that 
require—
1494 
(A) that the project be a small project; 
(B) the secured loan to be secured and 
payable from pledged revenues not affected by 
project performance, such as a tax-backed rev-
enue pledge, tax increment financing, or a sys-
tem-backed pledge of project revenues; and 
(C) repayment of the loan to commence 
not later than 5 years after disbursement. 
SEC. 31324. LINES OF CREDIT. 
(a) IN GENERAL.— 
(1) AGREEMENTS.—Subject to paragraphs (2) 
through (4), the Assistant Secretary may enter into 
agreements to make available to one or more obli-
gors lines of credit in the form of direct loans to be 
made by the Assistant Secretary at future dates on 
the occurrence of certain events for any project se-
lected under section 31322. 
(2) USE OF PROCEEDS.—The proceeds of a line 
of credit made available under this section shall be 
available to pay debt service on project obligations 
issued to finance eligible project costs, extraordinary 
repair and replacement costs, operation and mainte-
nance expenses, and costs associated with unex-
pected Federal or State environmental restrictions. 
(3) RISK ASSESSMENT.—
1495 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), before entering into an 
agreement under this subsection, the Assistant 
Secretary, in consultation with the Director of 
the Office of Management and Budget and each 
rating agency providing a preliminary rating 
opinion letter under section 31322(b)(2)(A), 
shall determine an appropriate capital reserve 
subsidy amount for each line of credit, taking 
into account the rating opinion letter. 
(B) SMALL
PROJECTS.—Before entering 
into an agreement under this subsection to 
make available a line of credit for a small 
project, the Assistant Secretary, in consultation 
with the Director of the Office of Management 
and Budget, shall determine an appropriate 
capital reserve subsidy amount for each such 
line of credit, taking into account the alter-
native documentation provided under section 
31322(b)(2)(B) instead of preliminary rating 
opinion 
letters 
provided 
under 
section 
31322(b)(2)(A). 
(4) 
INVESTMENT-GRADE
RATING
REQUIRE-
MENT.—The funding of a line of credit under this 
section shall be contingent on—
1496 
(A) the senior obligations of the project re-
ceiving an investment-grade rating from 2 rat-
ing agencies; or 
(B) in the case of a small project, the 
project meeting an alternative standard that the 
Assistant Secretary shall establish under section 
31325 for purposes of this paragraph. 
(b) TERMS AND LIMITATIONS.— 
(1) IN GENERAL.—A line of credit under this 
section with respect to a project shall be on such 
terms and conditions and contain such covenants, 
representations, warranties, and requirements (in-
cluding requirements for audits) as the Assistant 
Secretary determines to be appropriate. 
(2) MAXIMUM AMOUNTS.—The total amount of 
a line of credit under this section shall not exceed 
33 percent of the reasonably anticipated eligible 
project costs. 
(3) DRAWS.—Any draw on a line of credit 
under this section shall— 
(A) represent a direct loan; and 
(B) be made only if net revenues from the 
project (including capitalized interest, but not 
including reasonably required financing re-
1497 
serves) are insufficient to pay the costs speci-
fied in subsection (a)(2). 
(4) INTEREST RATE.—The interest rate on a 
direct loan resulting from a draw on the line of cred-
it shall be not less than the yield on 30-year United 
States Treasury securities, as of the date of execu-
tion of the line of credit agreement. 
(5) SECURITY.—A line of credit issued under 
this section— 
(A) shall— 
(i) be payable, in whole or in part, 
from— 
(I) amounts charged to— 
(aa) 
subscribers 
of 
broadband service for such serv-
ice; or 
(bb) subscribers of any re-
lated service provided over the 
same infrastructure for such re-
lated service; 
(II) user fees; 
(III) payments owing to the obli-
gor under a public-private partner-
ship; or
1498 
(IV) other dedicated revenue 
sources that also secure the senior 
project obligations; and 
(ii) include a coverage requirement or 
similar security feature supporting the 
project obligations; and 
(B) may have a lien on revenues described 
in subparagraph (A), subject to any lien secur-
ing project obligations. 
(6) 
PERIOD
OF
AVAILABILITY.—The 
full 
amount of a line of credit under this section, to the 
extent not drawn upon, shall be available during the 
10-year period beginning on the date of substantial 
completion of the project. 
(7) RIGHTS OF THIRD-PARTY CREDITORS.— 
(A) AGAINST FEDERAL GOVERNMENT.—A 
third-party creditor of the obligor shall not have 
any right against the Federal Government with 
respect to any draw on a line of credit under 
this section. 
(B) ASSIGNMENT.—An obligor may assign 
a line of credit under this section to— 
(i) one or more lenders; or 
(ii) a trustee on the behalf of such a 
lender.
1499 
(8) NONSUBORDINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a direct loan under this sec-
tion shall not be subordinated to the claims of 
any holder of project obligations in the event of 
bankruptcy, insolvency, or liquidation of the ob-
ligor. 
(B) PRE-EXISTING INDENTURE.— 
(i) IN GENERAL.—The Assistant Sec-
retary shall waive the requirement of sub-
paragraph (A) for a public agency bor-
rower that is financing ongoing capital 
programs and has outstanding senior 
bonds under a preexisting indenture, if— 
(I) the line of credit— 
(aa) is rated in the A cat-
egory or higher; or 
(bb) in the case of a small 
project, 
meets 
an 
alternative 
standard that the Assistant Sec-
retary shall establish under sec-
tion 31325 for purposes of this 
subclause; 
(II) the BIFIA program loan re-
sulting from a draw on the line of
1500 
credit is payable from pledged reve-
nues not affected by project perform-
ance, such as a tax-backed revenue 
pledge or a system-backed pledge of 
project revenues; and 
(III) the BIFIA program share 
of eligible project costs is 33 percent 
or less. 
(ii) LIMITATION.—If the Assistant 
Secretary waives the nonsubordination re-
quirement under this subparagraph— 
(I) the maximum credit subsidy 
to be paid by the Federal Government 
shall be not more than 10 percent of 
the principal amount of the secured 
loan; and 
(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy cost. 
(9) FEES.—The Assistant Secretary may estab-
lish fees at a level sufficient to cover all or a portion 
of the costs to the Federal Government of providing 
a line of credit under this section. 
(10) RELATIONSHIP TO OTHER CREDIT INSTRU-
MENTS.—A project that receives a line of credit
1501 
under this section also shall not receive a secured 
loan or loan guarantee under section 31323 in an 
amount that, combined with the amount of the line 
of credit, exceeds 49 percent of eligible project costs. 
(c) REPAYMENT.— 
(1) TERMS AND CONDITIONS.—The Assistant 
Secretary shall establish repayment terms and condi-
tions for each direct loan under this section based 
on— 
(A) the projected cash flow from project 
revenues and other repayment sources; and 
(B) the useful life of the infrastructure for 
the provision of broadband service being fi-
nanced. 
(2) TIMING.—All repayments of principal or in-
terest on a direct loan under this section shall be 
scheduled— 
(A) to commence not later than 5 years 
after the end of the period of availability speci-
fied in subsection (b)(6); and 
(B) to conclude, with full repayment of 
principal and interest, by the date that is 25 
years after the end of the period of availability 
specified in subsection (b)(6).
1502 
SEC. 31325. ALTERNATIVE PRUDENTIAL LENDING STAND-
ARDS FOR SMALL PROJECTS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Assistant Secretary shall establish 
alternative, streamlined prudential lending standards for 
small projects receiving credit assistance under the BIFIA 
program to ensure that such projects pose no additional 
risk to the Federal Government, as compared with 
projects that are not small projects. 
SEC. 31326. PROGRAM ADMINISTRATION. 
(a) REQUIREMENT.—The Assistant Secretary shall 
establish a uniform system to service the Federal credit 
instruments made available under the BIFIA program. 
(b) FEES.—The Assistant Secretary may collect and 
spend fees, contingent on authority being provided in ap-
propriations Acts, at a level that is sufficient to cover— 
(1) the costs of services of expert firms retained 
pursuant to subsection (d); and 
(2) all or a portion of the costs to the Federal 
Government of servicing the Federal credit instru-
ments. 
(c) SERVICER.— 
(1) IN
GENERAL.—The Assistant Secretary 
may appoint a financial entity to assist the Assistant 
Secretary in servicing the Federal credit instru-
ments.
1503 
(2) DUTIES.—A servicer appointed under para-
graph (1) shall act as the agent for the Assistant 
Secretary. 
(3) FEE.—A servicer appointed under para-
graph (1) shall receive a servicing fee, subject to ap-
proval by the Assistant Secretary. 
(d) ASSISTANCE FROM EXPERT FIRMS.—The Assist-
ant Secretary may retain the services of expert firms, in-
cluding counsel, in the field of municipal and project fi-
nance to assist in the underwriting and servicing of Fed-
eral credit instruments. 
(e) EXPEDITED PROCESSING.—The Assistant Sec-
retary shall implement procedures and measures to econo-
mize the time and cost involved in obtaining approval and 
the issuance of credit assistance under the BIFIA pro-
gram. 
(f) ASSISTANCE
TO
SMALL
PROJECTS.—Of the 
amount appropriated under section 31329(a), and after 
the set-aside for administrative expenses under section 
31329(b), not less than 20 percent shall be made available 
for the Assistant Secretary to use in lieu of fees collected 
under subsection (b) for small projects. 
SEC. 31327. STATE AND LOCAL PERMITS. 
The provision of credit assistance under the BIFIA 
program with respect to a project shall not—
1504 
(1) relieve any recipient of the assistance of any 
obligation to obtain any required State or local per-
mit or approval with respect to the project; 
(2) limit the right of any unit of State or local 
government to approve or regulate any rate of re-
turn on private equity invested in the project; or 
(3) otherwise supersede any State or local law 
(including any regulation) applicable to the construc-
tion or operation of the project. 
SEC. 31328. REGULATIONS. 
The Assistant Secretary may promulgate such regula-
tions as the Assistant Secretary determines to be appro-
priate to carry out the BIFIA program. 
SEC. 31329. FUNDING. 
(a) APPROPRIATION.—There are appropriated to the 
Assistant Secretary, out of any money in the Treasury not 
otherwise appropriated, $5,000,000,000 to carry out this 
chapter for fiscal year 2021, to remain available until ex-
pended. 
(b) ADMINISTRATIVE EXPENSES.—Of the amount 
appropriated under subsection (a), the Assistant Secretary 
may use not more than 5 percent for the administration 
of the BIFIA program.
1505 
SEC. 31330. REPORTS TO CONGRESS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, and every 2 years there-
after, the Assistant Secretary shall submit to Congress a 
report summarizing the financial performance of the 
projects that are receiving, or have received, assistance 
under the BIFIA program, including a recommendation 
as to whether the objectives of the BIFIA program are 
best served by— 
(1) continuing the program under the authority 
of the Assistant Secretary; or 
(2) establishing a Federal corporation or feder-
ally sponsored enterprise to administer the program. 
(b) APPLICATION PROCESS REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and annually 
thereafter, the Assistant Secretary shall submit to 
the Committee on Energy and Commerce of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report that includes a list of all of the letters 
of interest and applications received for assistance 
under the BIFIA program during the preceding fis-
cal year. 
(2) INCLUSIONS.—
1506 
(A) IN
GENERAL.—Each report under 
paragraph (1) shall include, at a minimum, a 
description of, with respect to each letter of in-
terest and application included in the report— 
(i) the date on which the letter of in-
terest or application was received; 
(ii) the date on which a notification 
was provided to the applicant regarding 
whether the application was complete or 
incomplete; 
(iii) the date on which a revised and 
completed application was submitted (if 
applicable); 
(iv) the date on which a notification 
was provided to the applicant regarding 
whether the project was approved or dis-
approved; and 
(v) if the project was not approved, 
the reason for the disapproval. 
(B) 
CORRESPONDENCE.—Each 
report 
under paragraph (1) shall include copies of any 
correspondence provided to the applicant in ac-
cordance with section 31322(d).
1507 
CHAPTER 3—WI-FI ON SCHOOL BUSES 
SEC. 31341. E-RATE SUPPORT FOR SCHOOL BUS WI-FI. 
(a) RULEMAKING.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall commence a rulemaking to make 
the provision of Wi-Fi access on school buses eligible 
for support under the E-rate program of the Com-
mission set forth under subpart F of part 54 of title 
47, Code of Federal Regulations. 
(2) ELIGIBLE
RECIPIENTS.—Notwithstanding 
section 254(h)(1)(B) of the Communications Act of 
1934 (47 U.S.C. 254(h)(1)(B)), the Commission 
shall provide in the rulemaking under paragraph (1) 
for State educational agencies, educational service 
agencies, and local educational agencies to be eligible 
to receive the support described in such paragraph. 
(b) DEFINITIONS.—In this section: 
(1) SCHOOL
BUS.—The term ‘‘school bus’’ 
means a passenger motor vehicle that is— 
(A) designed to carry a driver and not less 
than five passengers; and 
(B) used significantly to transport— 
(i) children enrolled in an early child-
hood education program to or from such
1508 
program or an event related to such pro-
gram; or 
(ii) students enrolled in an elementary 
school or secondary school to or from such 
school or an event related to such school. 
(2) TERMS DEFINED IN ELEMENTARY AND SEC-
ONDARY
EDUCATION
ACT
OF
1965.—The terms 
‘‘early childhood education program’’, ‘‘educational 
service agency’’, ‘‘elementary school’’, ‘‘local edu-
cational agency’’, ‘‘secondary school’’, and ‘‘State 
educational agency’’ have the meanings given such 
terms in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
Subtitle D—Community Broadband 
SEC. 31401. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP, 
AND CO-OP BROADBAND SERVICES. 
Section 706 of the Telecommunications Act of 1996 
(47 U.S.C. 1302) is amended— 
(1) by redesignating subsection (d) as sub-
section (e) and inserting after subsection (c) the fol-
lowing: 
‘‘(d) STATE, LOCAL, PUBLIC-PRIVATE PARTNER-
SHIP, AND CO-OP ADVANCED TELECOMMUNICATIONS CA-
PABILITY AND SERVICES.—
1509 
‘‘(1) IN GENERAL.—No State statute, regula-
tion, or other State legal requirement may prohibit 
or have the effect of prohibiting any public provider, 
public-private partnership provider, or cooperatively 
organized provider from providing, to any person or 
any public or private entity, advanced telecommuni-
cations capability or any service that utilizes the ad-
vanced telecommunications capability provided by 
such provider. 
‘‘(2) ANTIDISCRIMINATION SAFEGUARDS.— 
‘‘(A) PUBLIC PROVIDERS.—To the extent 
any public provider regulates competing private 
providers of advanced telecommunications capa-
bility or services that utilize advanced tele-
communications capability, such public provider 
shall apply its ordinances and rules without dis-
crimination in favor of itself or any provider 
that it owns of services that utilize advanced 
telecommunications capability. 
‘‘(B) PUBLIC-PRIVATE PARTNERSHIP PRO-
VIDERS.—To the extent any State or local enti-
ty that is part of a public-private partnership 
provider regulates competing private providers 
of advanced telecommunications capability or 
services that utilize advanced telecommuni-
1510 
cations capability, such State or local entity 
shall apply its ordinances and rules without dis-
crimination in favor of such public-private part-
nership provider or any provider that such 
State or local entity or public-private partner-
ship provider owns of services that utilize ad-
vanced telecommunications capability. 
‘‘(3) SAVINGS CLAUSE.—Nothing in this sub-
section shall exempt a public provider, public-private 
partnership provider, or cooperatively organized pro-
vider from any Federal or State telecommunications 
law or regulation that applies to all providers of ad-
vanced telecommunications capability or services 
that utilize such advanced telecommunications capa-
bility.’’; and 
(2) in subsection (e), as redesignated— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘this subsection’’ and inserting 
‘‘this section’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) COOPERATIVELY ORGANIZED PROVIDER.— 
The term ‘cooperatively organized provider’ means
1511 
an entity that is treated as a cooperative under Fed-
eral tax law and that provides advanced tele-
communications capability, or any service that uti-
lizes such advanced telecommunications capability, 
to any person or public or private entity.’’; and 
(D) by adding at the end the following: 
‘‘(4) PUBLIC PROVIDER.—The term ‘public pro-
vider’ means a State or local entity that provides ad-
vanced telecommunications capability, or any service 
that utilizes such advanced telecommunications ca-
pability, to any person or public or private entity. 
‘‘(5) 
PUBLIC-PRIVATE
PARTNERSHIP
PRO-
VIDER.—The term ‘public-private partnership pro-
vider’ means a public-private partnership, between a 
State or local entity and a private entity, that pro-
vides advanced telecommunications capability, or any 
service that utilizes such advanced telecommuni-
cations capability, to any person or public or private 
entity. 
‘‘(6) STATE
OR
LOCAL
ENTITY.—The term 
‘State or local entity’ means a State or political sub-
division thereof, any agency, authority, or instru-
mentality of a State or political subdivision thereof, 
or an Indian tribe (as defined in section 4(e) of the
1512 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304(e))).’’. 
Subtitle E—Repeal of Rule and 
Prohibition on Use of NPRM 
SEC. 31501. REPEAL OF RULE AND PROHIBITION ON USE OF 
NPRM. 
(a) REPEAL
OF RULE.—The Fourth Report and 
Order, Order on Reconsideration, Memorandum Opinion 
and Order, Notice of Proposed Rulemaking, and Notice 
of Inquiry in the matter of bridging the digital divide for 
low-income consumers, lifeline and link up reform and 
modernization, telecommunications carriers eligible for 
universal service support that was adopted by the Commis-
sion on November 16, 2017 (FCC 17–155) shall have no 
force or effect. 
(b) RULEMAKING
IN
RELIANCE
ON
UNIVERSAL 
SERVICE CONTRIBUTION METHODOLOGY NPRM PROHIB-
ITED.—Beginning on the date of the enactment of this 
Act, the Commission may not rely on the Notice of Pro-
posed Rulemaking in the matter of universal service con-
tribution methodology that was adopted by the Commis-
sion on May 15, 2019 (FCC 19–46), to satisfy the require-
ments of section 553 of title 5, United States Code, for 
adopting, amending, revoking, or otherwise modifying any
1513 
rule (as defined in section 551 of such title) of the Com-
mission. 
(c) REPEAL OF DECLARATORY RULING AND PROHI-
BITION ON USE OF NPRM.—The Notice of Proposed 
Rulemaking and Declaratory Ruling in the matter of im-
proving competitive broadband access to multiple tenant 
environments and petition for preemption of Article 52 of 
the San Francisco Police Code filed by the Multifamily 
Broadband Council that was adopted by the Commission 
on July 10, 2019 (FCC 19–65), shall have no force or 
effect and the Commission may not rely on such Notice 
of Proposed Rulemaking to satisfy the requirements of 
section 553 of title 5, United States Code, for adopting, 
amending, revoking, or otherwise modifying any rule (as 
defined in section 551 of such title) of the Commission. 
Subtitle F—Next Generation 9–1–1 
SEC. 31601. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the 9–1–1 professionals in the United 
States perform important and lifesaving work every 
day, and need the tools and communications tech-
nologies to perform the work effectively in a world 
with digital communications technologies; 
(2) the transition from the legacy communica-
tions technologies used in the 9–1–1 systems of the
1514 
United States to Next Generation 9–1–1 is a na-
tional priority and a national imperative; 
(3) the United States should complete the tran-
sition described in paragraph (2) as soon as prac-
ticable; 
(4) the United States should develop a nation-
wide framework that facilitates cooperation among 
Federal, State, and local officials on deployment of 
Next Generation 9–1–1 in order to meet that goal; 
(5) the term ‘‘Public Safety Answering Point’’ 
becomes outdated in a broadband environment and 
9–1–1 centers are increasingly and appropriately 
being referred to as emergency communications cen-
ters; and 
(6) 9–1–1 authorities and emergency commu-
nications centers should have sufficient resources to 
implement Next Generation 9–1–1, including re-
sources to support associated geographic information 
systems (commonly known as ‘‘GIS’’), and cyberse-
curity measures. 
SEC. 31602. STATEMENT OF POLICY. 
It is the policy of the United States that— 
(1) Next Generation 9–1–1 should be techno-
logically and competitively neutral;
1515 
(2) Next Generation 9–1–1 should be interoper-
able; 
(3) the governance and control of the 9–1–1 
systems of the United States, including Next Gen-
eration 9–1–1, should remain at the State, regional, 
and local level; and 
(4) individuals in the United States should re-
ceive information on how to best utilize Next Gen-
eration 9–1–1 and on its capabilities and usefulness. 
SEC. 31603. COORDINATION OF NEXT GENERATION 9–1–1 IM-
PLEMENTATION. 
Part C of title I of the National Telecommunications 
and Information Administration Organization Act (47 
U.S.C. 901 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 159. COORDINATION OF NEXT GENERATION 9–1–1 IM-
PLEMENTATION. 
‘‘(a) ADDITIONAL FUNCTIONS OF 9–1–1 IMPLEMEN-
TATION COORDINATION OFFICE.— 
‘‘(1) AUTHORITY.—The Office shall implement 
the provisions of this section. 
‘‘(2) MANAGEMENT PLAN.— 
‘‘(A) DEVELOPMENT.—The Assistant Sec-
retary and the Administrator shall develop and 
may modify a management plan for the grant
1516 
program established under this section, includ-
ing by developing— 
‘‘(i) plans related to the organiza-
tional structure of such program; and 
‘‘(ii) funding profiles for each fiscal 
year of the duration of such program. 
‘‘(B) SUBMISSION
TO
CONGRESS.—Not 
later than 90 days after the date of the enact-
ment of this section or 90 days after the date 
on which the plan is modified, as applicable, the 
Assistant Secretary and the Administrator shall 
submit the management plan developed under 
subparagraph (A) to— 
‘‘(i) the Committees on Commerce, 
Science, and Transportation and Appro-
priations of the Senate; and 
‘‘(ii) the Committees on Energy and 
Commerce and Appropriations of the 
House of Representatives. 
‘‘(3) PURPOSE OF OFFICE.—The Office shall— 
‘‘(A) take actions, in concert with coordi-
nators designated in accordance with subsection 
(b)(3)(A)(ii), to improve coordination and com-
munication with respect to the implementation 
of Next Generation 9–1–1;
1517 
‘‘(B) develop, collect, and disseminate in-
formation concerning practices, procedures, and 
technology used in the implementation of Next 
Generation 9–1–1; 
‘‘(C) advise and assist eligible entities in 
the preparation of implementation plans re-
quired under subsection (b)(3)(A)(iii); 
‘‘(D) receive, review, and recommend the 
approval or disapproval of applications for 
grants under subsection (b); and 
‘‘(E) oversee the use of funds provided by 
such grants in fulfilling such implementation 
plans. 
‘‘(4) REPORTS.—The Assistant Secretary and 
the Administrator shall provide an annual report to 
Congress by the first day of October of each year on 
the activities of the Office to improve coordination 
and communication with respect to the implementa-
tion of Next Generation 9–1–1. 
‘‘(b) NEXT GENERATION 9–1–1 IMPLEMENTATION 
GRANTS.— 
‘‘(1) MATCHING GRANTS.—The Assistant Sec-
retary and the Administrator, acting through the Of-
fice, shall provide grants to eligible entities for—
1518 
‘‘(A) the implementation of Next Genera-
tion 9–1–1; 
‘‘(B) establishing and maintaining Next 
Generation 9–1–1; 
‘‘(C) training directly related to Next Gen-
eration 9–1–1; 
‘‘(D) public outreach and education on how 
best to use Next Generation 9–1–1 and on its 
capabilities and usefulness; and 
‘‘(E) administrative costs associated with 
planning and implementation of Next Genera-
tion 9–1–1, including costs related to planning 
for and preparing an application and related 
materials as required by this section, if— 
‘‘(i) such costs are fully documented 
in materials submitted to the Office; and 
‘‘(ii) such costs are reasonable and 
necessary and do not exceed 5 percent of 
the total grant award. 
‘‘(2) MATCHING REQUIREMENT.—The Federal 
share of the cost of a project eligible for a grant 
under this section shall not exceed 80 percent. 
‘‘(3) COORDINATION REQUIRED.—In providing 
grants under paragraph (1), the Assistant Secretary
1519 
and the Administrator shall require an eligible entity 
to certify in its application that— 
‘‘(A) in the case of an eligible entity that 
is a State, the entity— 
‘‘(i) has coordinated the application 
with the emergency communications cen-
ters located within the jurisdiction of such 
entity; 
‘‘(ii) has designated a single officer or 
governmental body to serve as the State 
point of contact to coordinate the imple-
mentation of Next Generation 9–1–1 for 
that State, except that such designation 
need not vest such coordinator with direct 
legal authority to implement Next Genera-
tion 9–1–1 or to manage emergency com-
munications operations; and 
‘‘(iii) has developed and submitted a 
State plan for the coordination and imple-
mentation of Next Generation 9–1–1 
that— 
‘‘(I) ensures interoperability by 
requiring the use of commonly accept-
ed standards;
1520 
‘‘(II) enables emergency commu-
nications centers to process, analyze, 
and store multimedia, data, and other 
information; 
‘‘(III) incorporates the use of ef-
fective cybersecurity resources; 
‘‘(IV) uses open and competitive 
request for proposal processes, or the 
applicable State equivalent, for de-
ployment of Next Generation 9–1–1; 
‘‘(V) includes input from relevant 
emergency communications centers, 
regional authorities, local authorities, 
and Tribal authorities; and 
‘‘(VI) includes a governance body 
or bodies, either by creation of new or 
use of existing body or bodies, for the 
development and deployment of Next 
Generation 9–1–1 that— 
‘‘(aa) 
includes 
relevant 
stakeholders; and 
‘‘(bb) consults and coordi-
nates with the State point of con-
tact required by clause (ii); or
1521 
‘‘(B) in the case of an eligible entity that 
is not a State, the entity has complied with 
clauses (i) and (iii) of subparagraph (A), and 
the State in which the entity is located has 
complied with clause (ii) of such subparagraph. 
‘‘(4) CRITERIA.— 
‘‘(A) IN
GENERAL.—Not later than 9 
months after the date of enactment of this sec-
tion, the Assistant Secretary and the Adminis-
trator shall issue regulations, after providing 
the public with notice and an opportunity to 
comment, prescribing the criteria for selection 
for grants under this section. 
‘‘(B) 
REQUIREMENTS.—The 
criteria 
shall— 
‘‘(i) include performance requirements 
and a schedule for completion of any 
project to be financed by a grant under 
this section; and 
‘‘(ii) specifically permit regional or 
multi-State applications for funds. 
‘‘(C) UPDATES.—The Assistant Secretary 
and the Administrator shall update such regula-
tions as necessary.
1522 
‘‘(5) GRANT CERTIFICATIONS.—Each applicant 
for a grant under this section shall certify to the As-
sistant Secretary and the Administrator at the time 
of application, and each applicant that receives such 
a grant shall certify to the Assistant Secretary and 
the Administrator annually thereafter during any pe-
riod of time the funds from the grant are available 
to the applicant, that— 
‘‘(A) no portion of any designated 9–1–1 
charges imposed by a State or other taxing ju-
risdiction within which the applicant is located 
are being obligated or expended for any purpose 
other than the purposes for which such charges 
are designated or presented during the period 
beginning 180 days immediately preceding the 
date on which the application was filed and con-
tinuing through the period of time during which 
the funds from the grant are available to the 
applicant; 
‘‘(B) any funds received by the applicant 
will be used to support deployment of Next 
Generation 9–1–1 that ensures interoperability 
by requiring the use of commonly accepted 
standards;
1523 
‘‘(C) the State in which the applicant re-
sides has established, or has committed to es-
tablish no later than 3 years following the date 
on which the funds are distributed to the appli-
cant, a sustainable funding mechanism for Next 
Generation 9–1–1 to be deployed pursuant to 
the grant; 
‘‘(D) the applicant will promote interoper-
ability between Next Generation 9–1–1 emer-
gency communications centers and emergency 
response providers including users of the na-
tionwide public safety broadband network im-
plemented by the First Responder Network Au-
thority; 
‘‘(E) the applicant has or will take steps to 
coordinate with adjoining States to establish 
and maintain Next Generation 9–1–1; and 
‘‘(F) the applicant has developed a plan for 
public outreach and education on how to best 
use Next Generation 9–1–1 and on its capabili-
ties and usefulness. 
‘‘(6) CONDITION
OF
GRANT.—Each applicant 
for a grant under this section shall agree, as a con-
dition of receipt of the grant, that if the State or 
other taxing jurisdiction within which the applicant
1524 
is located, during any period of time during which 
the funds from the grant are available to the appli-
cant, fails to comply with the certifications required 
under paragraph (5), all of the funds from such 
grant shall be returned to the Office. 
‘‘(7) PENALTY FOR PROVIDING FALSE INFOR-
MATION.—Any applicant that provides a certification 
under paragraph (5) knowing that the information 
provided in the certification was false shall— 
‘‘(A) not be eligible to receive the grant 
under this subsection; 
‘‘(B) return any grant awarded under this 
subsection during the time that the certification 
was not valid; and 
‘‘(C) not be eligible to receive any subse-
quent grants under this subsection. 
‘‘(8) PROHIBITION.—No grant funds under this 
subsection may be used— 
‘‘(A) for any component of the Nationwide 
Public Safety Broadband Network; or 
‘‘(B) to make any payments to a person 
who has been, for reasons of national security, 
prohibited by any entity of the Federal Govern-
ment from bidding on a contract, participating 
in an auction, or receiving a grant.
1525 
‘‘(9) CONTRACTING REQUIREMENTS.—All labor-
ers and mechanics employed by contractors or sub-
contractors in the performance of construction, al-
teration, or repair work carried out, in whole or in 
part, with a grant under this section shall be paid 
wages at rates not less than those prevailing on 
projects of a similar character in the locality as de-
termined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, United 
States Code. With respect to the labor standards in 
this paragraph, the Secretary of Labor shall have 
the authority and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 (64 Stat. 1267; 5 
U.S.C. App.) and section 3145 of title 40, United 
States Code. 
‘‘(c) FUNDING AND TERMINATION.— 
‘‘(1) IN GENERAL.—In addition to any funds 
authorized for grants under section 158, there is au-
thorized to be appropriated $12,000,000,000 for fis-
cal years 2021 through 2025. 
‘‘(2) ADMINISTRATIVE COSTS.—The Office may 
use up to 5 percent of the funds authorized under 
this subsection for reasonable and necessary admin-
istrative costs associated with the grant program. 
‘‘(d) DEFINITIONS.—In this section:
1526 
‘‘(1) 9–1–1 REQUEST FOR EMERGENCY ASSIST-
ANCE.—The term ‘9–1–1 request for emergency as-
sistance’ means a communication, such as voice, 
text, picture, multimedia, or any other type of data 
that is sent to an emergency communications center 
for the purpose of requesting emergency assistance. 
‘‘(2) COMMONLY ACCEPTED STANDARDS.—The 
term ‘commonly accepted standards’ means— 
‘‘(A) the technical standards followed by 
the communications industry for network, de-
vice, and Internet Protocol connectivity, includ-
ing but not limited to, standards developed by 
the Third Generation Partnership Project 
(3GPP), the Institute of Electrical and Elec-
tronics Engineers (IEEE), the Alliance for 
Telecommunications Industry Solutions (ATIS), 
the Internet Engineering Taskforce (IETF), 
and 
the 
International 
Telecommunications 
Union (ITU); and 
‘‘(B) standards that are accredited by a 
recognized authority such as the American Na-
tional Standards Institute (ANSI). 
‘‘(3) DESIGNATED 9–1–1 CHARGES.—The term 
‘designated 9–1–1 charges’ means any taxes, fees, or 
other charges imposed by a State or other taxing ju-
1527 
risdiction that are designated or presented as dedi-
cated to deliver or improve 9–1–1 services, E9–1–1 
services, or Next Generation 9–1–1. 
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’— 
‘‘(A) means a State, local government, or 
a tribal organization (as defined in section 4(l) 
of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(l))); 
‘‘(B) includes public authorities, boards, 
commissions, and similar bodies created by one 
or more eligible entities described in subpara-
graph (A) to coordinate or provide Next Gen-
eration 9–1–1; and 
‘‘(C) does not include any entity that has 
failed to submit— 
‘‘(i) the certifications required under 
subsection (b)(5); and 
‘‘(ii) the most recently required cer-
tification under subsection (c) within 30 
days after the date on which such certifi-
cation is due. 
‘‘(5) EMERGENCY COMMUNICATIONS CENTER.— 
The term ‘emergency communications center’ means 
a facility that is designated to receive a 9–1–1 re-
1528 
quest for emergency assistance and perform one or 
more of the following functions: 
‘‘(A) Process and analyze 9–1–1 requests 
for emergency assistance and other gathered in-
formation. 
‘‘(B) Dispatch appropriate emergency re-
sponse providers. 
‘‘(C) Transfer or exchange 9–1–1 requests 
for emergency assistance and other gathered in-
formation with other emergency communica-
tions centers and emergency response providers. 
‘‘(D) Analyze any communications received 
from emergency response providers. 
‘‘(E) Support incident command functions. 
‘‘(6) EMERGENCY RESPONSE PROVIDER.—The 
term ‘emergency response provider’ has the meaning 
given that term under section 2 of the Homeland Se-
curity Act (47 U.S.C. 101(6)), emergency response 
providers includes Federal, State, and local govern-
mental and nongovernmental emergency public safe-
ty, fire, law enforcement, emergency response, emer-
gency medical (including hospital emergency facili-
ties), and related personnel, agencies, and authori-
ties).
1529 
‘‘(7) INTEROPERABLE.—The term ‘interoper-
able’ or ‘interoperability’ means the capability of 
emergency communications centers to receive 9–1–1 
requests for emergency assistance and related data 
such as location information and callback numbers 
from the public, then process and share the 9–1–1 
requests for emergency assistance and related data 
with other emergency communications centers and 
emergency response providers, regardless of jurisdic-
tion, equipment, device, software, service provider, or 
other relevant factors, and without the need for pro-
prietary interfaces. 
‘‘(8) NATIONWIDE.—The term ‘nationwide’ 
means all states of the United States, the District 
of Columbia, Puerto Rico, American Samoa, Guam, 
the United States Virgin Islands, the Northern Mar-
iana Islands, any other territory or possession of the 
United States, and each federally recognized Indian 
Tribe. 
‘‘(9) NATIONWIDE PUBLIC SAFETY BROADBAND 
NETWORK.—The term ‘nationwide public safety 
broadband network’ has the meaning given the term 
in section 6001 of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1401).
1530 
‘‘(10) NEXT
GENERATION
9–1–1.—The term 
Next Generation 9–1–1 means an interoperable, se-
cure, Internet Protocol-based system that— 
‘‘(A) employs commonly accepted stand-
ards; 
‘‘(B) enables the appropriate emergency 
communications centers to receive, process, and 
analyze all types of 9–1–1 requests for emer-
gency assistance; 
‘‘(C) acquires and integrates additional in-
formation useful to handling 9–1–1 requests for 
emergency assistance; and 
‘‘(D) supports sharing information related 
to 9–1–1 requests for emergency assistance 
among emergency communications centers and 
emergency response providers. 
‘‘(11) OFFICE.—The term ‘Office’ means the 
Next Generation 9–1–1 Implementation Coordina-
tion Office established under section 158 of this 
title. 
‘‘(12) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, American Samoa, Guam, the United 
States Virgin Islands, the Northern Mariana Is-
1531 
lands, and any other territory or possession of the 
United States. 
‘‘(13) SUSTAINABLE
FUNDING
MECHANISM.— 
The term ‘sustainable funding mechanism’ means a 
funding mechanism that provides adequate revenues 
to cover ongoing expenses, including operations, 
maintenance, and upgrades.’’. 
SEC. 31604. SAVINGS PROVISION. 
Nothing in this subtitle or any amendment made by 
this subtitle shall affect any application pending or grant 
awarded under section 158 of the National Telecommuni-
cations and Information Administration Organization Act 
(47 U.S.C. 942) prior to date of the enactment of this 
Act. 
Subtitle G—Extension of 2.5 GHz 
Rural Tribal Priority Window 
SEC. 31701. EXTENSION OF 2.5 GHZ RURAL TRIBAL PRI-
ORITY WINDOW. 
The Commission shall extend the Rural Tribal Pri-
ority Window established for the 2.5 gigahertz band in the 
Public Notice released by the Commission on December 
2, 2019 (DA 19–1226), by not less than 180 days.
1532 
TITLE II—MOTOR VEHICLE 
SAFETY 
SEC. 32001. SAFETY WARNING FOR OCCUPANTS OF HOT 
CARS. 
(a) OCCUPANT SAFETY.— 
(1) IN
GENERAL.—Chapter 301 of title 49, 
United States Code, is amended by inserting after 
section 30128 the following: 
‘‘§ 30129. Occupant safety 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) PASSENGER MOTOR VEHICLE.—The term 
‘passenger motor vehicle’ has the meaning given that 
term in section 32101. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(b) RULEMAKING.—Not later than 2 years after the 
date of the enactment of this section, the Secretary shall 
issue a final rule prescribing a motor vehicle safety stand-
ard that requires all new passenger motor vehicles with 
a gross vehicle weight of 10,000 pounds or less to be 
equipped with a system to detect the presence of an occu-
pant in the passenger compartment of the vehicle when 
the vehicle engine or motor is deactivated and engage a 
warning.
1533 
‘‘(c) LIMITATION ON CAPABILITY OF BEING DIS-
ABLED.—The motor vehicle safety standard prescribed 
under subsection (b) shall require that the system installed 
in a new passenger motor vehicle cannot be disabled, over-
ridden, reset, or recalibrated in such a way that the system 
will no longer detect the presence of an occupant in the 
passenger compartment of the vehicle when the vehicle en-
gine or motor is deactivated and engage a warning. 
‘‘(d) MEANS.— 
‘‘(1) IN
GENERAL.—The warning required 
under the motor vehicle safety standard prescribed 
under subsection (b)— 
‘‘(A) shall include a distinct auditory and 
visual warning to notify individuals inside and 
outside of the vehicle of the presence of an oc-
cupant, which shall be combined with an inte-
rior haptic warning; and 
‘‘(B) shall be activated when the vehicle 
engine or motor is deactivated and the presence 
of an occupant is detected. 
‘‘(2) CONSIDERATION.—In developing such 
warning, the Secretary shall also consider including 
a secondary additional alert to notify operators that 
are not in close proximity to the vehicle.
1534 
‘‘(e) COMPLIANCE.—The rule issued under subsection 
(b) shall require full compliance with the motor vehicle 
safety standard prescribed in the rule not later than 2 
years after the date on which the final rule is issued.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 301 of title 49, United States 
Code, is amended by inserting after the item relating 
to section 30128 the following: 
‘‘30129. Occupant safety.’’. 
(b) STUDY.— 
(1) INDEPENDENT STUDY.— 
(A) CONTRACT.—Not later than 90 days 
after issuing the final rule under section 
30129(b) of title 49, United States Code, as 
added by subsection (a)(1), the Secretary shall 
enter into a contract with an independent third 
party to perform the services under this sub-
paragraph. 
(B) STUDY.— 
(i) IN GENERAL.—Under the contract 
between the Secretary and an independent 
third party under this subparagraph, the 
independent third party shall carry out a 
study on retrofitting existing passenger 
motor vehicles with technology that meets 
the safety need addressed by the motor ve-
1535 
hicle safety standard prescribed under such 
section 30129(b) of title 49, United States 
Code, as added by subsection (a)(1). 
(ii) ELEMENTS.—In carrying out the 
study required under clause (i), the inde-
pendent third party shall— 
(I) survey and evaluate a variety 
of methods used by current and 
emerging technology or products to 
solve the problem of occupants being 
left unattended in vehicles and occu-
pants independently accessing unoccu-
pied vehicles; 
(II) make recommendations for 
manufacturers of such technology or 
products to undergo a functional safe-
ty performance assessment to ensure 
that the products perform as designed 
by the manufacturer under a variety 
of real-world conditions; and 
(III) provide recommendations 
for consumers on how to select such 
technology or products in order to ret-
rofit existing vehicles.
1536 
(iii) AVAILABILITY
THROUGH
NHTSA 
WEBSITE.—The Secretary shall make the 
recommendations provided under clause 
(ii)(III) available to the public through the 
website of the National Highway Traffic 
Safety Administration. 
(2) PUBLICATION; 
PUBLIC
COMMENT.—Not 
later than 2 years after the date on which the Sec-
retary issues the final rule under section 30129(b) 
of title 49, United States Code, as added by sub-
section (a)(1), the Secretary shall— 
(A) publish the study required under para-
graph (1)(B) in the Federal Register; and 
(B) provide a period for public comment of 
not longer than 90 days after the study is pub-
lished under subparagraph (A). 
(3) SUBMISSION TO CONGRESS.—Not later than 
90 days after the conclusion of the public comment 
period under paragraph (2)(B), the Secretary shall 
publish in the Federal Register and submit to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives the 
study required by paragraph (1)(B). The submission 
shall include all public comments in response to the
1537 
study received by the Secretary upon publication in 
the Federal Register. 
(4) DEFINITIONS.—In this paragraph— 
(A) the term ‘‘child restraint system’’ has 
the meaning given that term in section 571.213 
of title 49, Code of Federal Regulations (or any 
successor regulation); 
(B) the term ‘‘independent third party’’ 
means a person who does not have any financial 
or contractual ties with any person producing 
or supplying equipment for occupant detection 
or reminder warning systems, child restraint 
systems, or passenger motor vehicles; 
(C) the term ‘‘passenger motor vehicle’’ 
has the meaning given that term in section 
32101 of title 49, United States Code; and 
(D) the term ‘‘Secretary’’ means the Sec-
retary of Transportation. 
SEC. 32002. PROTECTING AMERICANS FROM THE RISKS OF 
KEYLESS IGNITION TECHNOLOGY. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘electric vehicle’’— 
(A) means a vehicle that does not include 
an engine and is powered solely by an external 
source of electricity, solar power, or both; and
1538 
(B) does not include an electric hybrid ve-
hicle that uses a chemical fuel such as gasoline 
or diesel fuel; 
(2) the term ‘‘key’’ has the meaning given the 
term in section 571.114 of title 49, Code of Federal 
Regulations (or successor regulations); 
(3) the term ‘‘manufacturer’’ has the meaning 
given the term in section 30102(a) of title 49, 
United States Code; 
(4) The term ‘‘motor vehicle’’ 
(A) has the meaning given the term in sec-
tion 30102(a) of title 49, United States Code; 
and 
(B) does not include— 
(i) a motorcycle or trailer (as those 
terms are defined in section 571.3 of title 
49, Code of Federal Regulations) (or suc-
cessor regulations); 
(ii) any motor vehicle that is rated at 
more than 10,000 pounds gross vehicular 
weight; or 
(iii) an electric vehicle. 
(5) The term ‘‘Secretary’’ means the Secretary 
of Transportation.
1539 
(b) AUTOMATIC SHUTOFF SYSTEMS FOR MOTOR VE-
HICLES.— 
(1) FINAL RULE.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this section, the 
Secretary shall issue a final rule amending sec-
tion 571.114 of title 49, Code of Federal Regu-
lations (relating to Federal Motor Vehicle Safe-
ty Standard Number 114), to require manufac-
turers to install technology in each motor vehi-
cle equipped with a keyless ignition device and 
an internal combustion engine to automatically 
shut off the motor vehicle after the motor vehi-
cle has idled for the period designated under 
subparagraph (B). 
(B) PERIOD DESCRIBED.— 
(i) IN GENERAL.—The period referred 
to in subparagraph (A) is the period des-
ignated by the Administrator of the Na-
tional Highway Traffic Safety Administra-
tion as necessary to prevent carbon mon-
oxide poisoning. 
(ii) DIFFERENT
PERIODS.—The Ad-
ministrator of the National Highway Traf-
fic Safety Administration may designate
1540 
different periods under clause (i) for dif-
ferent types of motor vehicles, depending 
on the rate at which the motor vehicle 
emits carbon monoxide, if— 
(I) the Administrator determines 
a different period is necessary for a 
type of motor vehicle for purposes of 
section 30111 of title 49, United 
States Code; and 
(II) requiring a different period 
for a type of motor vehicle is con-
sistent with the prevention of carbon 
monoxide poisoning. 
(2) DEADLINE.—The rule under paragraph (1) 
shall become effective not later than 2 years after 
the date on which the Secretary issues the rule. 
(c) PREVENTING MOTOR VEHICLES FROM ROLLING 
AWAY.— 
(1) REQUIREMENT.—Not later than 2 years 
after the date of enactment of this section, the Sec-
retary shall issue a final rule amending part 571 of 
title 49, Code of Federal Regulations, requiring 
manufacturers to install technology in motor vehicles 
equipped with keyless ignition devices and automatic
1541 
transmissions to prevent movement of the motor ve-
hicle if— 
(A) the transmission of the motor vehicle 
is not in the park setting; 
(B) the motor vehicle does not exceed the 
speed determined by the Secretary under para-
graph (2); 
(C) the door for the operator of the motor 
vehicle is open; 
(D) the seat belt of the operator of the 
motor vehicle is unbuckled; and 
(E) the service brake of the motor vehicle 
is not engaged. 
(2) DETERMINATION.—The Secretary shall de-
termine the maximum speed at which a motor vehi-
cle may be safely locked in place under the condi-
tions described in subparagraphs (A), (C), (D), and 
(E) of paragraph (1) to prevent vehicle rollaways. 
(3) DEADLINE.—The rule under paragraph (1) 
shall become effective not later than 2 years after 
the date on which the Secretary issues such rule. 
SEC. 32003. 21ST CENTURY SMART CARS. 
(a) CRASH AVOIDANCE RULEMAKING.—
1542 
(1) IN
GENERAL.—Subchapter II of chapter 
301 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘§ 30130. Crash avoidance rulemaking 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this section, the Secretary shall issue 
final rules prescribing Federal motor vehicle safety stand-
ards that— 
‘‘(1) establish minimum performance require-
ments for the crash avoidance technologies described 
in subsection (b); and 
‘‘(2) require all new passenger motor vehicles 
manufactured for sale in the United States, intro-
duced or delivered for introduction in interstate com-
merce, or imported into the United States to be 
equipped with the crash avoidance technologies de-
scribed in subsection (b). 
‘‘(b) CRASH AVOIDANCE TECHNOLOGIES.—The Sec-
retary shall issue Federal motor vehicle safety standards 
for each of the following crash avoidance technologies— 
‘‘(1) forward collision warning and automatic 
emergency braking, including crash imminent brak-
ing and dynamic brake support, that detects poten-
tial collisions with a vehicle, object, pedestrian, bicy-
clist, and other vulnerable road user while the vehi-
1543 
cle is traveling forward, provides a warning to the 
driver, and automatically applies the brakes to avoid 
or mitigate the severity of an impact; 
‘‘(2) rear automatic emergency braking that de-
tects a potential collision with a vehicle, object, pe-
destrian, bicyclist, and other vulnerable road user 
while a vehicle is moving in reverse and automati-
cally applies the brakes to avoid or mitigate the se-
verity of an impact; 
‘‘(3) rear cross traffic warning that detects ve-
hicles, objects, pedestrians, bicyclists, and other vul-
nerable road users approaching from the side and 
rear of a vehicle as it moves in reverse and alerts 
the driver; 
‘‘(4) lane departure warning that monitors a ve-
hicle’s position in its lane and alerts the driver as 
the vehicle approaches or crosses lane markers; and 
‘‘(5) blind spot warning that detects a vehicle, 
object, pedestrian, bicyclist, and other vulnerable 
road user to the side or rear of a vehicle and alerts 
the driver to their presence, including when a driver 
attempts to change the course of travel toward an-
other vehicle or road user in the blind zone of the 
vehicle.
1544 
‘‘(c) CONSIDERATIONS.—In prescribing the Federal 
motor vehicle safety standards required in subsection (a), 
the Secretary shall ensure that the crash avoidance tech-
nologies perform effectively at speeds for which a pas-
senger motor vehicle is reasonably expected to operate, in-
cluding on city streets and highways. 
‘‘(d) COMPLIANCE DATE.—The compliance date of 
the standards prescribed under subsection (a) shall not ex-
ceed more than 2 model years from the date final rules 
are issued. 
‘‘(e) HEADLAMPS.— 
‘‘(1) Not later than 2 years after the date of 
enactment of this section, the Secretary shall issue 
a final rule that revises Federal motor vehicle safety 
standard 108 to— 
‘‘(A) improve illumination of the roadway; 
‘‘(B) prevent glare; 
‘‘(C) 
establish 
minimum 
performance 
standards for— 
‘‘(i) semi-automatic headlamp beam 
switching; and 
‘‘(ii) curve adaptive headlamps. 
‘‘(2) The compliance date of the revised stand-
ard prescribed under paragraph (1) shall not exceed 
more than 2 model years from the effective date.
1545 
‘‘(3) Not later than 1 year after the date of en-
actment of this section, the Secretary shall finalize 
the Rulemaking (83 Fed. Reg. 51766) to permit the 
certification of adaptive driving beam headlighting 
systems. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) CRASH
AVOIDANCE.—The term ‘crash 
avoidance’ has the meaning given that term in sec-
tion 32301. 
‘‘(2) PASSENGER MOTOR VEHICLE.—The term 
‘passenger motor vehicle’ has the meaning given to 
that term in section 32101.’’. 
(2) CONFORMING AMENDMENT.—The table of 
sections for subchapter II of chapter 301 of title 49, 
United States Code, is further amended by adding 
after the item relating to section 30129 (as added 
by section 32002(a)(2)) the following: 
‘‘30130. Crash avoidance rulemaking.’’. 
(b) RESEARCH OF ADVANCED CRASH SYSTEMS.— 
(1) IN
GENERAL.—Subchapter II of chapter 
301 of title 49, United States Code, as amended by 
section(a)(1), is further amended by adding at the 
end the following: 
‘‘§ 30131. Advanced crash systems research and con-
sumer education 
‘‘(a) ADVANCED CRASH SYSTEMS RESEARCH.—
1546 
‘‘(1) Not later than 2 years after the date of 
enactment of this section, the Secretary shall com-
plete research into the following: 
‘‘(A) Driver monitoring systems that will 
minimize driver disengagement, prevent auto-
mation complacency, and account for foresee-
able misuse of the automation. 
‘‘(B) Lane keeping assistance that assists 
with steering to keep a vehicle within its driving 
lane. 
‘‘(C) Automatic crash data notification sys-
tems that— 
‘‘(i) notify emergency responders that 
a crash has occurred and provide the geo-
graphical location of the vehicle and crash 
data in a manner that allows for assess-
ment of potential injuries and emergency 
response; and 
‘‘(ii) 
transfer 
to 
the 
Secretary 
anonymized automatic crash data for the 
purposes of safety research and statistical 
analysis. 
‘‘(2) REQUIREMENTS.—In conducting the re-
search required under subsection (a), the Secretary 
shall—
1547 
‘‘(A) develop one or more tests to evaluate 
the performance of the system; 
‘‘(B) determine metrics that would be most 
effective at evaluating the performance of the 
system; and 
‘‘(C) determine fail, pass, or advanced pass 
criteria to assure the systems are performing 
their intended function. 
‘‘(3) REPORT.—The Secretary shall submit a 
report detailing findings from the research required 
under subsection (a) to the House Energy and Com-
merce Committee and the Senate Commerce, 
Science, and Transportation Committee not later 
than 3 years after the date of enactment of this Act. 
‘‘(4) RULEMAKING.—Not later than 4 years 
after the date of enactment of this section, the Sec-
retary shall issue final rules to establish Federal 
motor vehicle safety standards for the advanced 
crash systems described in this subsection and to re-
quire all new passenger motor vehicles manufactured 
for sale in the United States produced after the ef-
fective date of such standards to be equipped with 
advanced crash systems described in this subsection. 
‘‘(b) RULEMAKING ON POINT OF SALE INFORMA-
TION.—Not later than 18 months after the date of enact-
1548 
ment of this section, the Secretary shall issue a final rule 
to require clear and concise information about the capa-
bilities and limitations of an advanced driver assistance 
system to be provided to a consumer at the point of sale 
and in the vehicle owner’s manual, including a publicly 
accessible electronic owner’s manual.’’. 
(2) CONFORMING AMENDMENT.—The table of 
section for subchapter II of chapter 301 of title 49, 
United States Code, is further amended by adding 
after the item relating to section 30129, as added by 
section 2(b), the following: 
‘‘30131. Advanced crash systems research and consumer education.’’. 
SEC. 32004. UPDATING THE 5-STAR SAFETY RATING SYS-
TEM. 
(a) AMENDMENT.—Section 32302 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(e) ROADMAP.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection and every 
2 years thereafter, the Secretary shall publish a 
clear and concise report on a publicly accessible 
website detailing efforts over the next five-year pe-
riod to improve the passenger motor vehicle informa-
tion developed under subsection (a).
1549 
‘‘(2) ELEMENTS.—The report required under 
paragraph (1) shall include— 
‘‘(A) descriptions of actions that will be 
taken to update the passenger motor vehicle in-
formation developed under subsection (a), in-
cluding the development of test procedures, test 
devices, test fixtures, and safety performance 
metrics; 
‘‘(B) key milestones, including the antici-
pated start of an action, completion of an ac-
tion, and effective date of an update; and 
‘‘(C) descriptions of how an update will im-
prove the passenger motor vehicle information 
developed under subsection (a). 
‘‘(3) REQUIREMENTS.—In developing, imple-
menting, and updating the report required under 
paragraph (1), the Secretary shall— 
‘‘(A) identify and prioritize features and 
systems that meet a known safety need and for 
which objective rating tests and evaluation cri-
teria exists; 
‘‘(B) when reasonable and in the interest 
of improving the safety of passenger motor ve-
hicles, harmonize the passenger motor vehicle 
information developed under subsection (a) with
1550 
other safety information programs, including 
those administered internationally or by private 
organizations, that provide comparisons of safe-
ty characteristics of passenger motor vehicles; 
‘‘(C) establish objective criteria, including 
effectiveness in reducing traffic accidents and 
deaths and injuries resulting from traffic acci-
dents, for the selection of safety technologies to 
be rated; 
‘‘(D) conduct a review not less frequently 
than once every 2 years to evaluate effective-
ness of the passenger motor vehicle information 
produced under subsection (a) at improving the 
safety of passenger motor vehicles; and 
‘‘(E) adhere to all deadlines established 
under subsection (f). 
‘‘(4) PUBLIC COMMENT.—The Secretary shall 
provide for a period of public comment and review 
in developing the plan required under paragraph (1). 
‘‘(f) IMMEDIATE UPDATES TO THE 5-STAR SAFETY 
RATING SYSTEM.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Secretary 
shall finalize the proceeding entitled New Car As-
sessment Program (80 Fed. Reg. 78521) to update
1551 
the passenger motor vehicle information required 
under subsection (a). 
‘‘(2) CRASHWORTHINESS.—In carrying out 
paragraph (1), the Secretary shall— 
‘‘(A) update the test procedures and de-
vices, including anthropomorphic test devices, 
used in crashworthiness tests; 
‘‘(B) establish new or refine injury criteria, 
including head, neck, chest, abdomen, pelvis, 
upper leg and lower leg injury criteria, based on 
real-world injuries and the greatest potential to 
increase safety; 
‘‘(C) establish rear seat crashworthiness 
tests for adult (men and women) occupants in 
all designated seating positions; 
‘‘(D) establish crashworthiness tests for el-
derly occupants in all designated seating posi-
tions; 
‘‘(E) establish crashworthiness tests for 
children in all rear designated seating positions 
and ratings; 
‘‘(F) establish crashworthiness tests for 
seating system performance for occupants in all 
designated seating positions; and
1552 
‘‘(G) ensure that crashworthiness tests ac-
count for occupancy of all designated seating 
positions, as applicable. 
‘‘(3) CRASH AVOIDANCE.—In carrying out para-
graph (1), the Secretary shall update and create, as 
applicable, crash avoidance tests, which shall include 
forward automatic emergency braking, lane depar-
ture warning, blind spot warning, rear cross traffic 
warning, and rear automatic emergency braking. 
‘‘(4) VULNERABLE
ROAD
USER
SAFETY.—In 
carrying out paragraph (1), the Secretary shall— 
‘‘(A) establish crash avoidance tests to 
evaluate crash avoidance systems, including 
automatic emergency braking and rear auto-
matic emergency braking, for crashes between a 
passenger motor vehicle and a pedestrian, bicy-
clist, or other vulnerable road user; and 
‘‘(B) establish crashworthiness tests to 
prevent and mitigate injury and death caused 
by a collision between a passenger motor vehicle 
and a pedestrian, bicyclist, or other vulnerable 
road user, including the potential risks of inju-
ries to the head, pelvis, upper, and lower leg. 
‘‘(5) ENHANCING
MOTOR
VEHICLE
INFORMA-
TION.—
1553 
‘‘(A) In carrying out paragraph (1), the 
Secretary shall— 
‘‘(i) create a combined overall five-star 
vehicle rating; and 
‘‘(ii) create separate five-star ratings 
for— 
‘‘(I) crashworthiness for adults 
(women and men); 
‘‘(II) crashworthiness for elderly 
occupants; 
‘‘(III) crashworthiness for chil-
dren; 
‘‘(IV) crash avoidance; and 
‘‘(V) pedestrian and bicyclist 
crashworthiness and crash avoidance. 
‘‘(B) In developing the ratings under sub-
paragraph (A), the Secretary shall require that 
a vehicle can only achieve the highest rating if 
the systems are standard for the model. 
‘‘(C) The Secretary shall— 
‘‘(i) require manufacturers to promi-
nently display the five-star ratings de-
scribed in subparagraph (A) on Monroney 
labels (as required by section 3 of the
1554 
Automobile Information Disclosure Act (15 
U.S.C. 1232)); and 
‘‘(ii) publish the five-star safety rat-
ings for a passenger motor vehicle on a 
publicly available and easily accessible (in-
cluding on mobile devices) website not later 
than 30 days after the Secretary has pro-
vided a safety rating for a passenger motor 
vehicle to the manufacturer. 
‘‘(D) The ratings created under this sub-
section shall— 
‘‘(i) provide consumers with easy-to- 
understand information about vehicle safe-
ty; 
‘‘(ii) provide meaningful comparative 
information about the safety of vehicles; 
and 
‘‘(iii) provide incentives for the design 
of safer vehicles. 
‘‘(6) POST-CRASH SAFETY.— 
‘‘(A) Not later than 2 years after the date 
of enactment of this section, the Secretary shall 
complete research into the development of tests 
for the following systems—
1555 
‘‘(i) automatic collision notification; 
and 
‘‘(ii) advanced automatic collision no-
tification. 
‘‘(B) After completion of the research re-
quired under subparagraph (A), the Secretary 
shall include each of the systems in the pas-
senger motor vehicle information developed 
under subsection (a) not later than 3 years 
after the date of enactment of this section un-
less the Secretary determines that doing so will 
not improve such information. 
‘‘(C) If the Secretary determines that in-
cluding one or more of the systems in subpara-
graph (A) will not improve the passenger motor 
vehicle safety information developed under sub-
section (a), the Secretary shall submit a report 
describing the reasons for not including any 
such system or systems to the Committee on 
Energy and Commerce of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate not 
later than 3 years after the date of enactment 
of this section. If one or more of the systems 
is included in another safety information pro-
1556 
gram, including those administered by inter-
national or private organizations, the Secretary 
shall detail why the tests, or substantively simi-
lar tests, from such other safety information 
program were not adopted. 
‘‘(7) ADVANCED CRASH AVOIDANCE SYSTEMS.— 
‘‘(A) Not later than 2 years after the date 
of enactment of this section, the Secretary shall 
complete research into the development of tests 
for the following systems— 
‘‘(i) lane keeping assistance; 
‘‘(ii) traffic jam assistance; 
‘‘(iii) driver distraction prevention, in-
cluding systems to maintain driver engage-
ment and methods for mitigating distrac-
tion from in-vehicle electronic devices; 
‘‘(iv) driver monitoring; and 
‘‘(v) intelligent speed assistance. 
‘‘(B) After completion of the research re-
quired under subparagraph (A), the Secretary 
shall include each of the safety systems in the 
crash avoidance rating not later than 3 years 
after the date of enactment of this section un-
less the Secretary determines that doing so will
1557 
not improve the passenger motor vehicle safety 
information developed under subsection (a). 
‘‘(C) If the Secretary determines that in-
cluding one or more of the safety systems in the 
crash avoidance rating required will not im-
prove the passenger motor vehicle safety infor-
mation developed under subsection (a), the Sec-
retary shall, not later than 3 years after the 
date of enactment of this section, submit a re-
port to the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate, describing the reasons 
for not including each of the safety systems in 
the crash avoidance rating. If one or more of 
the safety systems is included in another safety 
information program, including those adminis-
tered by international or private organizations, 
the Secretary shall detail why the tests, or sub-
stantively similar tests, from such other safety 
information program were not adopted. 
‘‘(8) ADVANCED DRUNK DRIVING PREVENTION 
TECHNOLOGY.— 
‘‘(A) Not later than 3 years after the date 
of enactment of this section, the Secretary shall
1558 
complete research into the development of tests 
for advanced drunk driving prevention tech-
nology. 
‘‘(B) After completion of the research re-
quired under subparagraph (A), the Secretary 
shall include advanced drunk driving prevention 
technology in the crash avoidance rating not 
later than 5 years after the date of enactment 
of this section unless the Secretary determines 
that doing so will not improve the passenger 
motor vehicle safety information developed 
under subsection (a). 
‘‘(C) If the Secretary determines that in-
cluding advanced drunk driving prevention tech-
nology in the crash avoidance rating will not 
improve the passenger motor vehicle safety in-
formation developed under subsection (a), the 
Secretary shall, not later than 4 years after the 
date of enactment of this section submit a re-
port to the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate describing the reasons 
for not including such technology in the crash 
avoidance rating. If advanced drunk driving
1559 
prevention technology is included in another 
safety information program, including those ad-
ministered by international or private organiza-
tions, the Secretary shall detail why the tests, 
or substantively similar tests, from such other 
safety information program were not adopted. 
‘‘(9) CONTINUOUS UPDATES.— 
‘‘(A) Not later than 2 years after com-
pleting the updates required under this sub-
section and every 2 years thereafter, the Sec-
retary shall— 
‘‘(i) update the passenger motor vehi-
cle information program developed under 
subsection (a) to expand consumer access 
to vehicles with improved safety in accord-
ance with the roadmap required under sub-
section (e); and 
‘‘(ii) update a test or rating estab-
lished pursuant to this section unless the 
Secretary makes a determination that up-
dating the test or rating will not improve 
the safety of passenger motor vehicles. 
‘‘(B) If the Secretary makes a determina-
tion that a test or rating established pursuant 
to this section no longer improves the safety of
1560 
passenger motor vehicles, the Secretary shall re-
place or eliminate that test or rating, only if the 
Secretary determines that a replacement test 
will not improve the safety of passenger motor 
vehicles. Should the Secretary make such a de-
termination, the Secretary shall, within 30 days 
of making such a determination, complete and 
submit a report to the Committee on Energy 
and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate, providing an ex-
planation for such a determination. 
‘‘(10) REPORTING REQUIREMENT.—Should the 
Secretary fail to meet a deadline set forth in this 
subsection, the Secretary shall complete and submit 
a report to the Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate within 30 days of such deadline, providing an 
explanation for why the deadline was not met and a 
detailed plan and projected timeline for completing 
the requirement.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Trans-
portation $75,000,000 for each of fiscal years 2021
1561 
through 2026 to carry out this section and the amend-
ments made by this section. 
SEC. 32005. ADVANCED DRUNK DRIVING PREVENTION 
TECHNOLOGY. 
(a) REQUIREMENTS.— 
(1) MOTOR VEHICLE SAFETY STANDARD.—Not 
later than 18 months after the date of enactment of 
this section, the Secretary of Transportation shall 
issue an advanced notice of proposed rulemaking to 
initiate a rulemaking to prescribe a motor vehicle 
safety standard under section 30111 of title 49, 
United States Code, that requires passenger motor 
vehicles manufactured after the effective date of 
such standard to be equipped with advanced drunk 
driving prevention technology. 
(2) NOTICE AND COMMENT.—Not later than 3 
years after the date of enactment of this section, the 
Secretary of Transportation shall issue a notice of 
proposed rulemaking in order to continue the rule-
making proceeding required by paragraph (1). 
(3) FINAL RULE.— 
(A) Not later than 5 years after the date 
of enactment of this section, the Secretary shall 
prescribe a final rule containing the motor vehi-
cle safety standard required under this sub-
1562 
section. The final rule shall specify an effective 
date that provides at least 2 years, and no more 
than 3 year, to allow for manufacturing compli-
ance. 
(B) If the Secretary determines that a new 
motor vehicle safety standard required under 
this subsection cannot meet the requirements 
and considerations set forth in subsections (a) 
and (b) of section 30111 of title 49, United 
States Code, the Secretary shall submit a re-
port to the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science and Trans-
portation of the Senate describing the reasons 
for not prescribing such a standard. 
(b) DEVELOPMENT.—The Secretary shall work di-
rectly with manufacturers of passenger motor vehicles, 
suppliers, safety advocates, and other interested parties, 
including universities with expertise in automotive engi-
neering, to— 
(1) accelerate the development of the advanced 
drunk driving prevention technology required to pre-
scribe a motor vehicle safety standard described in 
subsection (a); and
1563 
(2) ensure the integration of such technology 
into passenger motor vehicles available for sale at 
the earliest practicable date. 
(c) DEFINITIONS.—In this section— 
(1) the term ‘‘advanced drunk driving preven-
tion technology’’ means a passive system which— 
(A) monitors a driver’s performance to 
identify impairment of a driver; 
(B) a system which passively detects a 
blood alcohol level equal to and exceeding .08 
blood alcohol content; or 
(C) a similar system which detects impair-
ment and prevents or limits vehicle operation; 
(2) the term ‘‘motor vehicle safety standard’’ 
has the meaning given such term in section 30102 
of title 49, United States Code; and 
(3) the term ‘‘passenger motor vehicle’’ has the 
meaning given such term in section 32101 of title 
49, United States Code. 
SEC. 32006. LIMOUSINE COMPLIANCE WITH FEDERAL SAFE-
TY STANDARDS. 
(a) LIMOUSINE STANDARDS.— 
(1) SAFETY
BELT
AND
SEATING
SYSTEM 
STANDARDS
FOR
LIMOUSINES.—Not later than 2
1564 
years after the date of enactment of this section, the 
Secretary shall prescribe a final rule— 
(A) that amends Federal Motor Vehicle 
Safety Standard Numbers 208, 209, and 210 to 
require to be installed in limousines at each 
designated seating position, including on side- 
facing seats— 
(i) an occupant restraint system con-
sisting of integrated lap shoulder belts; or 
(ii) an occupant restraint system con-
sisting of a lap belt if the occupant protec-
tion system described in clause (i) does not 
meet the need for motor vehicle safety; and 
(B) that amends Federal Motor Vehicle 
Safety Standard Number 207 to require lim-
ousines to meet standards for seats (including 
side-facing seats), attachment assemblies, and 
installation to minimize the possibility of their 
failure by forces acting on them as a result of 
vehicle impact. 
(2) REPORT
ON
RETROFIT
ASSESSMENT
FOR 
LIMOUSINES.—Not later than 2 years after the date 
of enactment of this section, the Secretary shall sub-
mit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on
1565 
Commerce, Science, and Transportation of the Sen-
ate a report that assesses the feasibility, benefits, 
and costs with respect to the application of any re-
quirement established under paragraph (1) to a lim-
ousine introduced into interstate commerce before 
the date on which the requirement applies to a lim-
ousine. 
(b) SAFETY REGULATIONS OF LIMOUSINES.—Section 
30102(a)(6) of title 49, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
and inserting ‘‘; or’’; and 
(3) by inserting at the end the following new 
subparagraph: 
‘‘(C) modifying a passenger motor vehicle 
that has already been purchased by the first 
purchaser (as such term is defined in subsection 
(b)) by increasing the wheelbase of the vehicle 
so that the vehicle has increased seating capac-
ity.’’. 
(c) DEFINITIONS.—In this section the following defi-
nitions apply: 
(1) CERTIFIED PASSENGER MOTOR VEHICLE.— 
The term ‘‘certified passenger motor vehicle’’ means
1566 
a passenger motor vehicle that has been certified in 
accordance with section 30115 of title 49, United 
States Code, to meet all applicable Federal Motor 
Vehicle Safety Standards. 
(2) LIMOUSINE.—The term ‘‘limousine’’ means 
a motor vehicle— 
(A) that has a seating capacity of nine or 
more persons (including the driver); 
(B) with a gross vehicle weight greater 
than 10,000 pounds but not greater than 
26,000 pounds; and 
(C) that the Secretary has decided by reg-
ulation has physical characteristics resembling a 
passenger car or multipurpose passenger vehi-
cle. 
(3) LIMOUSINE
OPERATOR.—The term ‘‘lim-
ousine operator’’ means a person who owns or 
leases, and uses, the limousine to transport pas-
sengers for compensation. 
(4) LIMOUSINE REMODELER.—The term ‘‘lim-
ousine remodeler’’ means a person who alters or 
modifies by addition, substitution, or removal of 
components (other than readily attachable compo-
nents) an incomplete vehicle, a vehicle manufactured 
in two or more stages, or a certified motor vehicle
1567 
before or after the first purchase of the vehicle to 
manufacture a limousine. 
(5) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ has the meaning given that term in section 
30102(a) of title 49, United States Code. 
(6) PASSENGER
MOTOR
VEHICLE.—The term 
‘‘passenger motor vehicle’’ has the meaning given 
that term in section 32101 of title 49, United States 
Code. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(d) LIMOUSINE COMPLIANCE WITH FEDERAL SAFE-
TY STANDARDS.— 
(1) IN GENERAL.—Chapter 301 of subtitle VI 
of title 49, United States Code, is amended by sec-
tion 32003, is further amended by inserting after 
section 30131 the following new section: 
‘‘§ 30132. Limousine compliance with Federal Safety 
Standards 
‘‘(a) REQUIREMENT.—Not later than 1 year after the 
date of enactment of this section, a limousine remodeler 
may not offer for sale, lease, or rent, introduce or deliver 
for introduction into interstate commerce, or import into 
the United States a new limousine unless the limousine 
remodeler has provided a vehicle remodeler plan, in ac-
1568 
cordance with this section, to the Secretary that describes 
how the remodeler is addressing the safety of the lim-
ousine. A vehicle remodeler plan shall include the fol-
lowing: 
‘‘(1) Verification and validation of compliance 
with applicable Federal Motor Vehicle Safety Stand-
ards. 
‘‘(2) Design, quality control, manufacturing, 
and training practices adopted by a manufacturer, 
limousine remodeler, incomplete vehicle manufac-
turer, intermediate manufacturer, or final-stage 
manufacturer. 
‘‘(3) Customer support guidelines, including in-
structions for limousine occupants to wear seatbelts 
and limousine operators to notify occupants of the 
date and results of the most recent inspection of the 
limousine. 
‘‘(b) UPDATES.—Each manufacturer, limousine re-
modeler, incomplete vehicle manufacturer, intermediate 
manufacturer, or final-stage manufacturer shall submit an 
updated vehicle remodeler plan to the Secretary each year. 
‘‘(c) PUBLICLY AVAILABLE.—The Secretary shall 
make any vehicle remodeler plan submitted pursuant to 
subsection (a) or (b) publicly available not later than 60 
days after the date on which the plan is received, except
1569 
the Secretary may not make publicly available any infor-
mation relating to a trade secret or other confidential 
business information as defined in part 512 of title 49, 
Code of Federal Regulations. 
‘‘(d) REVIEW.—The Secretary may inspect any vehi-
cle remodeler plan developed by a manufacturer, limousine 
remodeler, incomplete vehicle manufacturer, intermediate 
manufacturer, or final-stage manufacturer under this sec-
tion to enable the Secretary to decide whether the manu-
facturer, limousine remodeler, incomplete vehicle manufac-
turer, intermediate manufacturer, or final-stage manufac-
turer has complied, or is complying, with this chapter or 
a regulation prescribed or order issued pursuant to this 
chapter. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to affect discovery, subpoena, other 
court order, or any other judicial process otherwise allowed 
under applicable Federal or State law. 
‘‘(f) DEFINITIONS.—In this section the following defi-
nitions apply: 
‘‘(1) LIMOUSINE.—The term ‘limousine’ means 
a motor vehicle— 
‘‘(A) that has a seating capacity of 9 or 
more persons (including the driver);
1570 
‘‘(B) with a gross vehicle weight greater 
than 10,000 pounds but not greater than 
26,000 pounds; and 
‘‘(C) that the Secretary has decided by 
regulation has physical characteristics resem-
bling a passenger car or multipurpose pas-
senger vehicle. 
‘‘(2) LIMOUSINE REMODELER.—The term ‘lim-
ousine remodeler’ means a person who alters or 
modifies by addition, substitution, or removal of 
components (other than readily attachable compo-
nents) an incomplete vehicle, a vehicle manufactured 
in two or more stages, or a certified motor vehicle 
before or after the first purchase of the vehicle to 
manufacture a limousine. 
‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ has the meaning given that term in section 
32101.’’. 
(2) ENFORCEMENT.—Section 30165(a)(1) of 
title 49, United States Code, is amended by insert-
ing ‘‘30132,’’ after ‘‘30127,’’. 
(3) CONFORMING AMENDMENT.—The table of 
section for subchapter II of chapter 301 of title 49, 
United States Code, is further amended by adding
1571 
after the item relating to section 30131, as added by 
section 2(b), the following: 
‘‘30132. Limousine compliance with federal safety standards.’’. 
(e) LIMOUSINE CRASHWORTHINESS.— 
(1) RESEARCH.—Not later than 4 years after 
the date of enactment of this section, the Secretary 
shall complete research into the development of Fed-
eral Motor Vehicle Safety Standards for side impact 
protection, roof crush resistance, and air bag sys-
tems for the protection of occupants for limousines 
with perimeter seating positions, including perimeter 
seating arrangements. 
(2) RULEMAKING OR REPORT.— 
(A) CRASHWORTHINESS STANDARDS.—Not 
later than 2 years after the completion of the 
research required pursuant to paragraph (1), 
the Secretary shall prescribe final Federal 
Motor Vehicle Safety Standards for side impact 
protection, roof crush resistance, and air bag 
systems for the protection of occupants for lim-
ousines with alternative seating positions if the 
Secretary determines that such a standard or 
standards meet the requirements and consider-
ations set forth in subsections (a) and (b) of 
section 30111 of title 49, United States Code.
1572 
(B) REPORT.—If the Secretary determines 
that a standard or standards described in sub-
paragraph (A) does not meet the requirements 
and considerations set forth in subsections (a) 
and (b) of section 30111 of title 49, United 
States Code, the Secretary shall submit to the 
Committee on Energy and Commerce of the 
House of Representatives and the Committee 
on Commerce, Science, and Transportation of 
the Senate a report describing the reasons for 
not prescribing the standard or standards and 
publish the report in the Federal Register. 
(f) LIMOUSINE EVACUATION.— 
(1) RESEARCH.—Not later than 2 years after 
the date of enactment of this section, the Secretary 
shall complete research into safety features and 
standards that aid evacuation in the event that one 
exit in the passenger compartment of a limousine is 
blocked. 
(2) STANDARDS.—Not later than 3 years after 
the date of enactment of this section, the Secretary 
shall issue Federal Motor Vehicle Safety Standards 
based on the results of the research under para-
graph (1). 
(g) LIMOUSINE INSPECTION DISCLOSURE.—
1573 
(1) LIMOUSINE
INSPECTION
DISCLOSURE.—A 
limousine operator may not introduce a limousine 
into interstate commerce unless the limousine oper-
ator has prominently disclosed in a clear and con-
spicuous notice, including on the website of the oper-
ator if the operator has a website, that includes— 
(A) the date of the most recent inspection 
of the limousine required under State or Fed-
eral law; 
(B) the results of the inspection; and 
(C) any corrective action taken by the lim-
ousine operator to ensure the limousine passed 
inspection. 
(2) FEDERAL
TRADE
COMMISSION
ENFORCE-
MENT.—The Commission shall enforce this sub-
section in the same manner, by the same means, and 
with the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of the 
Federal Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of this 
section. Any person who violates this subsection 
shall be subject to the penalties and entitled to the 
privileges and immunities provided in the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.).
1574 
(3) SAVINGS PROVISION.—Nothing in this sub-
section shall be construed to limit the authority of 
the Federal Trade Commission under any other pro-
vision of law. 
(4) EFFECTIVE
DATE.—This subsection shall 
take effect 180 days after the date of enactment of 
this section. 
(h) EVENT DATA RECORDERS FOR LIMOUSINES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this section, the Secretary, 
acting through the Administrator of the National 
Highway Traffic Safety Administration, shall issue a 
final rule requiring the use of event data recorders 
for limousines. 
(2) PRIVACY PROTECTIONS.—Any standard pro-
mulgated under paragraph (1) pertaining to event 
data recorder information shall comply with the col-
lection and sharing requirements under the FAST 
Act (Public Law 114–94) and any other applicable 
law. 
SEC. 32007. CHILD RESTRAINT SYSTEMS. 
(a) LABELING REQUIREMENT.—Not later than 180 
days after the date of enactment of this section, the Ad-
ministrator of the National Highway Traffic Safety Ad-
ministration shall revise Federal motor vehicle safety
1575 
standard 213 prescribed under section 30111 of title 49, 
United States Code, to require that booster seat child re-
straint systems (those used in motor vehicles, as defined 
under such standard) contain a clear and conspicuous 
label, on both the packaging of such system and attached 
to such system the following labels: 
(1) A label stating the following: ‘‘For use of 
children who are over 40 lbs and four years old or 
older’’. 
(2) A label stating the following: ‘‘Strongly rec-
ommended children use this seat only when they 
reach either the height or weight limit for a child 
harness car seat as indicated by the manufacturer’’. 
(3) On the harness package, a label stating the 
following: ‘‘To prevent possible child injury or death 
it is important to delay the transition from a 5-point 
harness seat to a booster seat as long as possible, 
until the child reaches the harness’ weight or height 
limits as set by the manufacturer’’. 
(b) SEMI-ANNUAL REPORTING REQUIREMENT
ON 
SIDE IMPACT CRASHES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, and 
every 180 days thereafter until the promulgation of 
the final rule relating to the protection of children
1576 
seated in child restraint systems during side impact 
crashes required under section 31501(a) of the Mov-
ing Ahead for Progress in the 21st Century Act (49 
U.S.C. 30127 note), the Administrator of the Na-
tional Highway Traffic Safety Administration shall 
submit to Congress and make publicly available on 
the website of the Administration a report regarding 
the current status of such rule. 
(2) MATTERS TO BE INCLUDED.—Each report 
required by paragraph (1) shall include, at a min-
imum, the following: 
(A) The current expected timeline for the 
promulgation of such rule. 
(B) Any technical or administrative chal-
lenges delaying the promulgation of such rule. 
(C) Any new financial resources or legisla-
tive authorities necessary to promulgate such 
rule. 
(D) The number of children injured or 
killed in side impact crashes while restrained in 
a 5-point harness or booster seat between the 
date of the enactment of the Moving Ahead for 
Progress in the 21st Century Act (Public Law 
112–141) and the date of the report.
1577 
SEC. 32008. MOTOR VEHICLE PEDESTRIAN AND CYCLIST 
PROTECTION. 
(a) RULEMAKING.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary of Trans-
portation, through the Administrator of the National 
Highway Traffic Safety Administration, shall issue a final 
rule that— 
(1) establishes standards for the hood and 
bumper areas of motor vehicles, including passenger 
cars, multipurpose passenger vehicles, trucks, and 
buses with a gross vehicle weight rating of 4,536 
kilograms (10,000 pounds) or less, in order to re-
duce the number of injuries and fatalities suffered 
by vulnerable road users, including pedestrians and 
cyclists, who are struck by such vehicles; and 
(2) considers the protection of vulnerable pedes-
trian and cycling populations, including children and 
older adults, and people with disabilities. 
(b) COMPLIANCE.—The rule issued under subsection 
(a) shall require full compliance with minimum perform-
ance standards established by the Secretary not later than 
2 years after the date on which the final rule is issued.