122 
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.— 
‘‘(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-
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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 
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-
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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 
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 
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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 
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-
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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-
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; 
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‘‘(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— 
‘‘(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 
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129 
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 
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 
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130 
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 
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 
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131 
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 4-person household that includes 2 de-
pendents 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 
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— 
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‘‘(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 
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. 
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‘‘(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; 
‘‘(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 
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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. 
‘‘(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-
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135 
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. 
‘‘(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. 
‘‘(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 
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‘‘(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.’’. 
Subtitle B—Broadband Infrastruc-
ture Finance and Innovation 
SEC. 3201. DEFINITIONS. 
In this subtitle: 
(1) BIFIA PROGRAM.—The term ‘‘BIFIA pro-
gram’’ means the broadband infrastructure finance 
and innovation program established under this sub-
title. 
(2) 
BROADBAND
SERVICE.—The 
term 
‘‘broadband service’’— 
(A) means broadband internet access serv-
ice that is a mass-market retail service, or a 
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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 
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— 
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138 
(i) construction, reconstruction, reha-
bilitation, replacement, and acquisition of 
real property (including land relating to 
the project and improvements to land), 
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 
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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-
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 
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(D) provides information regarding satis-
faction of other eligibility requirements of the 
BIFIA program. 
(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 3204 to 
provide a direct loan at a future date upon the oc-
currence 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 
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(B) that the Assistant Secretary deter-
mines will— 
(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; 
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(II) organizations and agencies 
that provide outreach, access, equip-
ment, and support services to facili-
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-
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143 
ernment or instrumentality with authority to fi-
nance, build, operate, or maintain infrastructure for 
the provision of broadband service. 
(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 3203. 
(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 
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144 
(B) excluding administrative costs and any 
incidental effects on governmental receipts or 
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. 3202. 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 
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(B) the project meets the criteria described 
in this subsection. 
(2) CREDITWORTHINESS.— 
(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 2 rating agencies on debt senior to 
the Federal credit instrument; and 
(iii) a rating from at least 2 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 3205 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 
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authorized by the Assistant Secretary shall submit a 
project application that is acceptable to the Assist-
ant Secretary. 
(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 
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(ii) subscribers of any related service 
provided over the same infrastructure for 
such related service; 
(B) user fees; 
(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; 
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(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 
(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 subtitle, a project shall be considered to 
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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-
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 1 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 
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(ii) including a preliminary rating 
opinion on the Federal credit instrument; 
or 
(B) in the case of a small project, alter-
native documentation that the Assistant Sec-
retary shall require in the standards established 
under section 3205 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.). 
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(B) The National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(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-
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152 
eral credit instrument shall be paid wages at rates 
not less than those prevailing on projects of a simi-
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 subtitle 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 
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Relations Board for investigation and enforcement, 
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-
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tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(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 3201(3)(A). 
SEC. 3203. 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 3202; 
(B) to refinance interim construction fi-
nancing of eligible project costs of any project 
selected under section 3202; 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 3202; or 
(ii) otherwise meets the requirements 
of section 3202. 
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(2) LIMITATION ON REFINANCING OF INTERIM 
CONSTRUCTION
FINANCING.—A loan under para-
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 
3202(b)(2)(A)(ii) or, in the case of a small project, 
the alternative documentation provided under section 
3202(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-
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cluding requirements for audits) as the Assistant 
Secretary determines to be appropriate. 
(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; 
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(III) payments owing to the obli-
gor under a public-private partner-
ship; or 
(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. 
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(6) NONSUBORDINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the secured loan shall not be 
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 3205 for purposes of this 
subclause; 
(II) the secured loan is secured 
and payable from pledged revenues 
not affected by project performance, 
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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, 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— 
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(A) may be used for any non-Federal share 
of project costs required under this subtitle; 
and 
(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.— 
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(A) IN GENERAL.—If, at any time after 
the date of substantial completion of the 
project, the project is unable to generate suffi-
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. 
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(4) PREPAYMENT.— 
(A) USE OF EXCESS REVENUES.—Any ex-
cess revenues that remain after satisfying 
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 
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conditions of the secured loan without the written 
consent of the obligor. 
(e) LOAN GUARANTEES.— 
(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 
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Assistant Secretary may allow for an expedited ap-
plication period and include terms such as those that 
require— 
(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. 3204. 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 3202. 
(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-
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nance expenses, and costs associated with unex-
pected Federal or State environmental restrictions. 
(3) RISK ASSESSMENT.— 
(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 3202(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 
3202(b)(2)(B) instead of preliminary rating 
opinion 
letters 
provided 
under 
section 
3202(b)(2)(A). 
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(4) 
INVESTMENT-GRADE
RATING
REQUIRE-
MENT.—The funding of a line of credit under this 
section shall be contingent on— 
(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 
3205 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 
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(B) be made only if net revenues from the 
project (including capitalized interest, but not 
including reasonably required financing re-
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; 
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(III) payments owing to the obli-
gor under a public-private partner-
ship; or 
(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— 
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(i) one or more lenders; or 
(ii) a trustee on the behalf of such a 
lender. 
(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-
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tion 3205 for purposes of this 
subclause; 
(II) the BIFIA program loan re-
sulting from a draw on the line of 
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 
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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 
under this section also shall not receive a secured 
loan or loan guarantee under section 3203 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 
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(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). 
SEC. 3205. 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. 3206. 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. 
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(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. 
(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 3209(a), and after the 
set-aside for administrative expenses under section 
3209(b), not less than 20 percent shall be made available 
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for the Assistant Secretary to use in lieu of fees collected 
under subsection (b) for small projects. 
SEC. 3207. STATE AND LOCAL PERMITS. 
The provision of credit assistance under the BIFIA 
program with respect to a project shall not— 
(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. 3208. 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. 3209. 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 
subtitle for fiscal year 2021, to remain available until ex-
pended. 
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(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. 
SEC. 3210. 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 
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of interest and applications received for assistance 
under the BIFIA program during the preceding fis-
cal year. 
(2) INCLUSIONS.— 
(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 
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correspondence provided to the applicant in ac-
cordance with section 3202(d). 
Subtitle C—Wi-Fi on School Buses 
SEC. 3301. 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 5 passengers; and 
(B) used significantly to transport— 
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(i) children enrolled in an early child-
hood education program to or from such 
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). 
TITLE IV—COMMUNITY 
BROADBAND 
SEC. 4001. 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: 
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‘‘(d) STATE, LOCAL, PUBLIC-PRIVATE PARTNER-
SHIP, AND CO-OP ADVANCED TELECOMMUNICATIONS CA-
PABILITY AND SERVICES.— 
‘‘(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 
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provider regulates competing private providers 
of advanced telecommunications capability or 
services that utilize advanced telecommuni-
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); 
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181 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) COOPERATIVELY ORGANIZED PROVIDER.— 
The term ‘cooperatively organized provider’ means 
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-
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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 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304(e))).’’. 
TITLE 
V—BROADBAND 
INFRA-
STRUCTURE DEPLOYMENT 
SEC. 5001. BROADBAND INFRASTRUCTURE DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE STATE AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
branch of the State as having the experience nec-
essary to evaluate and facilitate the installation and 
operation of broadband infrastructure within the 
State. 
(2) BROADBAND.—The term ‘‘broadband’’ has 
the meaning given the term ‘‘advanced telecommuni-
cations capability’’ in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302). 
(3) 
BROADBAND
CONDUIT.—The 
term 
‘‘broadband conduit’’ means a conduit or innerduct 
for fiber optic cables (or successor technology of 
greater quality and speed) that supports the provi-
sion of broadband. 
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(4) BROADBAND INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any buried or un-
derground facility and any wireless or wireline con-
nection that enables the provision of broadband. 
(5) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means an entity that provides 
broadband to any person or facilitates provision of 
broadband to any person, including, with respect to 
such entity— 
(A) a corporation, company, association, 
firm, partnership, nonprofit organization, or 
any other private entity; 
(B) a State or local broadband provider; 
(C) an Indian Tribe; and 
(D) a partnership between any of the enti-
ties described in subparagraphs (A), (B), and 
(C). 
(6) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.— 
(A) IN
GENERAL.—The term ‘‘covered 
highway construction project’’ means, without 
regard to ownership of a highway, a project to 
construct a new highway or an additional lane 
for an existing highway, to reconstruct an exist-
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ing highway, or new construction, including for 
a paved shoulder. 
(B) EXCLUSIONS.—The term ‘‘covered 
highway construction project’’ excludes any 
project— 
(i) awarded before the date on which 
regulations required under subsection (b) 
take effect; 
(ii) that does not include work beyond 
the edge of pavement or current paved 
shoulder; or 
(iii) that does not require excavation. 
(7) DIG ONCE REQUIREMENT.—The term ‘‘dig 
once requirement’’ means a requirement designed to 
reduce the cost and accelerate the deployment of 
broadband by minimizing the number and scale of 
repeated excavations for the installation and mainte-
nance of broadband conduit or broadband infrastruc-
ture in rights-of-way. 
(8) PROJECT.—The term ‘‘project’’ has the 
meaning given such term in section 101 of title 23, 
United States Code. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
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(10) STATE.—Notwithstanding section 2(14), 
the term ‘‘State’’ has the meaning given such term 
in section 401 of title 23, United States Code. 
(11) STATE
OR
LOCAL
BROADBAND
PRO-
VIDER.—The term ‘‘State or local broadband pro-
vider’’ means a State or political subdivision thereof, 
or any agency, authority, or instrumentality of a 
State or political subdivision thereof, that provides 
broadband to any person or facilitates the provision 
of broadband to any person in that State. 
(12) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body 
of an Indian Tribe or any agency, authority, or in-
strumentality of such governing body or such Indian 
Tribe. 
(b) DIG ONCE REQUIREMENT.—To facilitate the in-
stallation of broadband infrastructure, the Secretary shall, 
not later than 9 months after the date of enactment of 
this Act, promulgate regulations to ensure that each State 
that receives funds under chapter 1 of title 23, United 
States Code, meets the following requirements: 
(1) BROADBAND PLANNING.—The State depart-
ment of transportation, in consultation with appro-
priate State agencies, shall— 
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(A) identify a broadband coordinator, who 
may have additional responsibilities in the State 
department of transportation or in another 
State agency, that is responsible for facilitating 
the broadband infrastructure right-of-way ef-
forts within the State; and 
(B) review existing State broadband plans, 
including existing dig once requirements of the 
State, 
municipal 
governments 
incorporated 
under State law, and Tribal governments within 
the State, to determine opportunities to coordi-
nate projects occurring within or across high-
way rights-of-way with planned broadband in-
frastructure projects. 
(2) NOTICE OF PLANNED CONSTRUCTION FOR 
BROADBAND PROVIDERS.— 
(A) NOTICE.—The State department of 
transportation, in consultation with appropriate 
State agencies, shall establish a process— 
(i) for the registration of broadband 
providers that seek to be included in the 
advance notification of, and opportunity to 
participate in, broadband infrastructure 
right-of-way facilitation efforts within the 
State; and 
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(ii) 
to 
electronically 
notify 
all 
broadband 
providers 
registered 
under 
clause (i)— 
(I) of the State transportation 
improvement program on at least an 
annual basis; and 
(II) of projects within the high-
way right-of-way for which Federal 
funding is expected to be obligated in 
the subsequent fiscal year. 
(B) WEBSITE.—A State department of 
transportation shall be considered to meet the 
requirements of subparagraph (A) if such State 
department of transportation publishes on a 
public website— 
(i) the State transportation improve-
ment program on at least an annual basis; 
and 
(ii) projects within the highway right- 
of-way for which Federal funding is ex-
pected to be obligated in the subsequent 
fiscal year. 
(C) COORDINATION.—The State depart-
ment of transportation, in consultation with ap-
propriate State agencies, shall establish a proc-
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188 
ess for a broadband provider to commit to in-
stalling broadband conduit or broadband infra-
structure as part of any project. 
(3) REQUIRED INSTALLATION OF CONDUIT.— 
(A) IN GENERAL.—The State department 
of transportation shall install broadband con-
duit, in accordance with this paragraph, except 
as described in subparagraph (F), as part of 
any covered highway construction project, un-
less a broadband provider has committed to in-
stall broadband conduit or broadband infra-
structure as part of such project in a process 
described under paragraph (2)(C). 
(B) INSTALLATION REQUIREMENTS.—The 
State department of transportation shall ensure 
that— 
(i) 
an 
appropriate 
number 
of 
broadband conduits, as determined in con-
sultation with the appropriate State agen-
cies, are installed along the highway of a 
covered highway construction project to ac-
commodate multiple broadband providers, 
with consideration given to the availability 
of existing conduits; 
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(ii) the size of each such conduit is 
consistent with industry best practices and 
is sufficient to accommodate potential de-
mand, as determined in consultation with 
the appropriate State agencies; 
(iii) hand holes and manholes nec-
essary for fiber access and pulling with re-
spect to such conduit are placed at inter-
vals consistent with standards determined 
in consultation with the appropriate State 
agencies (which may differ by type of road, 
topologies, and rurality) and consistent 
with safety requirements; 
(iv) each broadband conduit installed 
pursuant to this paragraph includes a pull 
tape and is capable of supporting fiber 
optic cable placement techniques consistent 
with best practices; and 
(v) is placed at a depth consistent 
with requirements of the covered highway 
construction project and best practices and 
that, in determining the depth of place-
ment, consideration is given to the location 
of existing utilities and cable separation re-
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quirements of State and local electrical 
codes. 
(C) GUIDANCE FOR THE INSTALLATION OF 
BROADBAND CONDUIT.—The Secretary, in con-
sultation with the Assistant Secretary, shall 
issue guidance for best practices related to the 
installation of broadband conduit as described 
in this paragraph and of conduit and similar in-
frastructure for intelligent transportation sys-
tems (as such term is defined in section 501 of 
title 23, United States Code) that may utilize 
broadband conduit installed pursuant to this 
paragraph. 
(D) ACCESS.— 
(i) IN GENERAL.—The State depart-
ment of transportation shall ensure that 
any requesting broadband provider has ac-
cess to each broadband conduit installed 
pursuant to this paragraph, on a competi-
tively neutral and nondiscriminatory basis, 
and in accordance with State permitting, 
licensing, leasing, or other similar laws and 
regulations. 
(ii) FEE SCHEDULE.—The State de-
partment of transportation, in consultation 
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pamtmann on DSKBC07HB2PROD with BILLS
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with appropriate State agencies, shall pub-
lish a fee schedule for a broadband pro-
vider to access conduit installed pursuant 
to this paragraph. Fees in such schedule— 
(I) shall be consistent with the 
fees established pursuant to section 
224 of the Communications Act of 
1934 (47 U.S.C. 224); 
(II) may vary by topography, lo-
cation, type of road, rurality, and 
other factors in the determination of 
the State; and 
(III) may be updated not more 
frequently than annually. 
(iii) IN-KIND
COMPENSATION.—The 
State department of transportation may 
negotiate in-kind compensation with any 
broadband provider requesting access to 
broadband conduit installed under the pro-
visions of this paragraph as a replacement 
for part or all of, but not to exceed, the 
relevant fee in the fee schedule described 
in clause (ii). 
(iv) SAFETY
CONSIDERATIONS.—The 
State department of transportation shall 
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require of broadband providers a process 
for safe access to the highway right-of-way 
during installation and ongoing mainte-
nance of the broadband fiber optic cables 
including a traffic control safety plan. 
(v) COMMUNICATION.—A broadband 
provider with access to the conduit in-
stalled pursuant to this subsection shall 
notify and receive permission from the rel-
evant agencies of State responsible for the 
installation of such broadband conduit 
prior to accessing any highway or highway 
right-of-way, in accordance with applicable 
Federal requirements. 
(E) TREATMENT OF PROJECTS.—Notwith-
standing any other provision of law, broadband 
conduit and broadband infrastructure installa-
tion projects under this paragraph shall comply 
with section 113(a) of title 23, United States 
Code. 
(F) WAIVER AUTHORITY.— 
(i) IN GENERAL.—A State department 
of transportation may waive the required 
installation of broadband conduit for part 
or all of any covered highway construction 
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project under this paragraph if, in the de-
termination of the State— 
(I) broadband infrastructure, ter-
restrial broadband infrastructure, aer-
ial 
broadband 
fiber 
cables, 
or 
broadband conduit is present near a 
majority of the length of the covered 
highway construction project; 
(II) the installation of conduit in-
creases overall costs of a covered high-
way construction project by 1.5 per-
cent or greater; 
(III) 
the 
installation 
of 
broadband conduit associated with 
covered highway construction project 
will not be utilized or connected to fu-
ture broadband infrastructure in the 
next 20 years, in the determination of 
the State department of transpor-
tation, in consultation with appro-
priate State agencies and potentially 
affected local governments and Tribal 
governments; 
(IV) the requirements of this 
paragraph would require installation 
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pamtmann on DSKBC07HB2PROD with BILLS
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of conduit redundant with a dig once 
requirement of a local or Tribal gov-
ernment; 
(V) there exists a circumstance 
involving force majeure; or 
(VI) other relevant factors, as de-
termined by the Secretary in consulta-
tion with the Assistant Secretary 
through regulation, warrant a waiver. 
(ii) CONTENTS OF WAIVER.—A waiver 
authorized 
under 
this 
subparagraph 
shall— 
(I) identify the covered highway 
construction project; and 
(II) include a brief description of 
the determination of the State for 
issuing such waiver. 
(iii) AVAILABILITY
OF
WAIVER.—A 
waiver authorized under this subparagraph 
shall be included in the plans, specifica-
tions, and estimates for the associated 
project, as long as such information is pub-
licly available. 
(4) PRIORITY.—If a State provides for the in-
stallation of broadband infrastructure or broadband 
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conduit in the right-of-way of an applicable project 
under this subsection, the State department of 
transportation, along with appropriate State agen-
cies, shall carry out appropriate measures to ensure 
that any existing broadband providers are afforded 
equal opportunity access, as compared to other 
broadband providers, with respect to the program 
under this subsection. 
(5) CONSULTATION.— 
(A) IN GENERAL.—In promulgating regu-
lations required by this subsection or to imple-
ment any part of this section, the Secretary 
shall consult— 
(i) the Assistant Secretary; 
(ii) the Commission; 
(iii) State departments of transpor-
tation; 
(iv) appropriate State agencies; 
(v) agencies of local governments re-
sponsible for transportation and rights-of- 
way, utilities, and telecommunications and 
broadband; 
(vi) Tribal governments; 
(vii) broadband providers; and 
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(viii) manufacturers of optical fiber, 
conduit, pull tape, and related items. 
(B) BROADBAND
USERS.—The Secretary 
shall ensure that the entities consulted under 
clauses (iii) through (vi) of subparagraph (A) 
include rural areas and populations with limited 
access to broadband infrastructure. 
(C) BROADBAND
PROVIDERS.—The Sec-
retary shall ensure that the entities consulted 
under clause (vii) of subparagraph (A) include 
entities who provide broadband to rural areas 
and 
populations 
with 
limited 
access 
to 
broadband infrastructure. 
(6) PROHIBITION ON UNFUNDED MANDATE.— 
(A) IN
GENERAL.—This subsection shall 
apply only to projects for which Federal obliga-
tions or expenditures are initially approved on 
or after the date regulations required under this 
subsection take effect. 
(B) NO
MANDATE.—Absent an available 
and dedicated Federal source of funding— 
(i) nothing in this subsection estab-
lishes a mandate or requirement that a 
State install broadband conduit in a high-
way right-of-way; and 
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(ii) nothing in paragraph (3) shall es-
tablish any requirement for a State. 
(7) RULES OF CONSTRUCTION.— 
(A) STATE
LAW.—Nothing in this sub-
section shall be construed to require a State to 
install or allow the installation of broadband 
conduit or broadband infrastructure— 
(i) that is otherwise inconsistent with 
what is allowable under State law; or 
(ii) where the State lacks the author-
ity or property easement necessary for 
such installation. 
(B) NO REQUIREMENT FOR INSTALLATION 
OF MOBILE SERVICES EQUIPMENT.—Nothing in 
this section shall be construed to require a 
State, a municipal government incorporated 
under State law, or an Indian Tribe to install 
or allow for the installation of equipment essen-
tial for the provision of commercial mobile serv-
ices (as defined in section 332(d) of the Com-
munications Act of 1934 (47 U.S.C. 332(d))) 
or commercial mobile data service (as defined in 
section 6001 of the Middle Class Tax Relief 
and Job Creation Act of 2012 (47 U.S.C. 
1401)), other than broadband conduit and asso-
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pamtmann on DSKBC07HB2PROD with BILLS
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ciated 
equipment 
described 
in 
paragraph 
(3)(B). 
(c) RELATION
TO STATE DIG ONCE REQUIRE-
MENTS.—Nothing in subsection (b) or any regulations 
promulgated under subsection (b) shall be construed to 
alter or supersede any provision of a State law or regula-
tion that provides for a dig once requirement that includes 
similar or more stringent requirements to the provisions 
of subsection (b) and any regulations promulgated under 
subsection (b). 
(d) DIG ONCE FUNDING TASK FORCE.— 
(1) ESTABLISHMENT.—There is established an 
independent task force on funding the nationwide 
dig once requirement described in this section to be 
known as the ‘‘Dig Once Funding Task Force’’ 
(hereinafter referred to as the ‘‘Task Force’’). 
(2) DUTIES.—The duties of the Task Force 
shall be to— 
(A) estimate the annual cost for imple-
menting and administering a nationwide dig 
once requirement; and 
(B) propose and evaluate options for fund-
ing a nationwide dig once requirement described 
in this section that includes— 
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(i) a discussion of the role and poten-
tial share of costs of— 
(I) the Federal Government; 
(II) State, local, and Tribal gov-
ernments; and 
(III) broadband providers; and 
(ii) consideration of the role of exist-
ing dig once requirements of State, local, 
and 
Tribal 
governments 
and 
private 
broadband investment, with a goal to not 
discourage or disincentivize such dig once 
requirements or such investment. 
(3) REPORTS.— 
(A) INTERIM
REPORT
AND
BRIEFING.— 
Not later than 9 months after the date of en-
actment of this Act, the Task Force shall sub-
mit an interim report to Congress and provide 
briefings for Congress on the findings of the 
Task Force. 
(B) FINAL REPORT.—Not later than 12 
months after the date of enactment of this Act, 
the Task Force shall submit a final report to 
Congress on the findings of the Task Force. 
(4) MEMBERS.— 
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pamtmann on DSKBC07HB2PROD with BILLS
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(A) APPOINTMENTS.—The Task Force 
shall consist of 14 members, consisting of— 
(i) the 2 co-chairs described in sub-
paragraph (B); 
(ii) 6 members jointly appointed by 
the Speaker and minority leader of the 
House of Representatives, in consultation 
with the respective Chairs and Ranking 
Members of the— 
(I) the Committee on Transpor-
tation and Infrastructure of the 
House of Representatives; 
(II) the Committee on Energy 
and Commerce of the House of Rep-
resentatives; and 
(III) the Committee on Appro-
priations of the House of Representa-
tives; and 
(iii) 6 members jointly appointed by 
the majority leader and minority leader of 
the Senate, in consultation with the respec-
tive Chairs and Ranking Members of the— 
(I) the Committee on Environ-
ment and Public Works of the Senate; 
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