,,ii #aafth ,,congress #b;d ,session ,s4 #daca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #a1 #bjbj,ms4 ,klobuchar 7for herself1 ,mr4 ,schatz1 ,mr4 ,warner1 ,mr4 ,markey1 ,mr4 ,booker1 ,ms4 ,harris1 ,ms4 ,warren1 ,ms4 ,rosen1 and ,ms4 ,cortez ,masto7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to make high-speed broadband internet service accessible and affordable to all ,americans1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,accessible1 ,affordable ,internet for ,all ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,sense of ,congress4,sec4 #d4 ,severability4,,title ,i--,digital ,equity,sec4 #ajjj4 ,definitions4,subtitle ,a--,office of ,internet ,connectivity and ,growth,sec4 #aaja4 ,establishment of the ,office of ,internet ,connectivity and ,growth4,sec4 #aajb4 ,duties4,sec4 #aajc4 ,streamlined applications for support4,sec4 #aajd4 ,coordination of support4,sec4 #aaje4 ,rule of construction4,sec4 #aajf4 ,funding4,subtitle ,b--,digital ,equity ,programs,sec4 #abja4 ,state ,digital ,equity ,capacity ,grant ,program4,sec4 #abjb4 ,digital ,equity ,competitive ,grant ,program4,sec4 #abjc4 ,policy research1 data collection1 analysis and modeling1 evaluation1 and dissemination4,sec4 #abjd4 ,general provisions4,subtitle ,c--,broadband ,service for ,low-,income ,consumers,sec4 #acja4 ,additional broadband benefit4,sec4 #acjb4 ,grants to ,states to strengthen ,national ,lifeline ,eligibility ,verifier4,sec4 #acjc4 ,federal coordination between ,lifeline and ,,snap verification4,subtitle ,d--,e-,rate ,support for ,wi-,fi ,hotspots1 ,other ,equipment1 and ,connected ,devices,sec4 #adja4 ,e-rate support for ,wi-,fi hotspots1 other equipment1 and connected devices4,subtitle ,e--,supporting ,connectivity for ,higher ,education ,students in need,sec4 #aeja4 ,higher education connectivity fund4,subtitle ,f--,healthcare broadband expansion,sec4 #afja4 ,definitions4,sec4 #afjb4 ,expansion of rural health care program4,,title ,,ii--,broadband ,transparency,sec4 #bjja4 ,definitions4,sec4 #bjjb4 ,broadband transparency4,sec4 #bjjc4 ,distribution of data4,sec4 #bjjd4 ,coordination with certain other ,federal agencies4,sec4 #bjje4 ,broadband consumer labels4,sec4 #bjjf4 ,appropriation for ,broadband ,,data ,act4,,title ,,iii--,broadband ,access,subtitle ,a--,expansion of ,broadband ,access,sec4 #caja4 ,expansion of broadband access in unserved areas and areas with low-tier or mid-tier service4,subtitle ,b--,broadband ,infrastructure ,finance and ,innovation,sec4 #cbja4 ,definitions4,sec4 #cbjb4 ,determination of eligibility and project selection4,sec4 #cbjc4 ,secured loans4,sec4 #cbjd4 ,lines of credit4,sec4 #cbje4 ,alternative prudential lending standards for small projects4,sec4 #cbjf4 ,program administration4,sec4 #cbjg4 ,state and local permits4,sec4 #cbjh4 ,regulations4,sec4 #cbji4 ,funding4,sec4 #cbaj4 ,reports to ,congress4,subtitle ,c--,wi-,fi on ,school ,buses,sec4 #ccja4 ,e-rate support for school bus ,wi-,fi4,,title ,,iv--,community ,broadband,sec4 #djja4 ,state1 local1 public-private partnership1 and co-op broadband services4,,title ,v--,broadband ,infrastructure ,deployment,sec4 #ejja4 ,broadband infrastructure deployment4,,title ,,vi--,repeal of ,rule and ,prohibition on ,use of ,n,p,r,m,sec4 #fjja4 ,repeal of rule and prohibition on use of ,,nprm4 #b4 ,definitions ,in this ,act3 7#a7 ,aging individual ,the term aging individual has the meaning given the term older individual in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb74 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#c7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#d7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#e7 ,covered household ,the term covered household means a household the income of which does not exceed #aej percent of the poverty threshold1 as determined by using criteria of poverty established by the ,bureau of the ,census1 for a household of the size involved4 7#f7 ,covered populations ,the term covered populations means-- 7,a7 individuals who are members of covered households2 7,b7 aging individuals2 7,c7 incarcerated individuals1 other than individuals who are incarcerated in a ,federal correctional facility 7including a private facility operated under contract with the ,federal ,government72 7,d7 veterans2 7,e7 individuals with disabilities2 7,f7 individuals with a language barrier1 including individuals who-- 7i7 are ,english learners2 or 7ii7 have low levels of literacy2 7,g7 individuals who are members of a racial or ethnic minority group2 and 7,h7 individuals who primarily reside in a rural area4 7#g7 ,digital literacy ,the term digital literacy means the skills associated with using technology to enable users to find1 evaluate1 organize1 create1 and communicate information4 7#h7 ,disability ,the term disability has the meaning given the term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#i7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#aj7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 7#aa7 ,institution of higher education ,the term institution of higher education-- 7,a7 has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 and 7,b7 includes a postsecondary vocational institution4 7#ab7 ,postsecondary vocational institution ,the term postsecondary vocational institution has the meaning given the term in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c774 7#ac7 ,rural area ,the term rural area has the meaning given the term in section #ac of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iac74 7#ad7 ,state ,the term ,state has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#ae7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 #c4 ,sense of ,congress 7a7 ,in general ,it is the sense of ,congress that-- 7#a7 a broadband service connection and digital literacy are increasingly critical to how individuals-- 7,a7 participate in the society1 economy1 and civic institutions of the ,united ,states2 and 7,b7 access health care and essential services1 obtain education1 and build careers2 7#b7 digital exclusion-- 7,a7 carries a high societal and economic cost2 7,b7 materially harms the opportunity of an individual with respect to the economic success1 educational achievement1 positive health outcomes1 social inclusion1 and civic engagement of that individual2 7,c7 materially harms the opportunity of areas where it is especially widespread with respect to economic success1 educational achievement1 positive health outcomes1 social cohesion1 and civic institutions2 and 7,d7 exacerbates existing wealth and income gaps1 especially those experienced by covered populations and between regions2 7#c7 achieving accessible and affordable access to broadband service1 as well as digital literacy1 for all people of the ,united ,states requires additional and sustained research efforts and investment2 7#d7 the ,federal ,government1 as well as ,state1 ,tribal1 and local governments1 have made social1 legal1 and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet2 and 7#e7 achieving accessible and affordable access to broadband service is a matter of social and economic justice and is worth pursuing4 7b7 ,broadband service defined ,in this section1 the term broadband service has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 #d4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be invalid1 the remainder of this ,act and the amendments made by this ,act1 and the application of such provision or amendment to any other person or circumstance1 shall not be affected thereby4 ,i ,digital ,equity #ajjj4 ,definitions ,in this title3 7#a7 ,adoption of broadband service ,the term adoption of broadband service means the process by which an individual obtains daily access to broadband service-- 7,a7 with a download speed of at least #be megabits per second1 an upload speed of at least #c megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications2 7,b7 with the digital skills that are necessary for the individual to participate online2 and 7,c7 on a-- 7i7 personal device2 and 7ii7 secure and convenient network4 7#b7 ,anchor institution ,the term anchor institution means a public or private school1 a library1 a medical or healthcare provider1 a museum1 a public safety entity1 a public housing agency1 a community college1 an institution of higher education1 a religious organization1 or any other community support organization or agency4 7#c7 ,assistant ,secretary ,except in section #aaja1 the term ,assistant ,secretary means the ,assistant ,secretary1 acting through the ,office4 7#d7 ,broadband service ,the term broadband service has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#e7 ,covered programs ,the term covered programs means the ,state ,digital ,equity ,capacity ,grant ,program established under section #abja and the ,digital ,equity ,competitive ,grant ,program established under section #abjb4 7#f7 ,digital equity ,the term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the ,united ,states4 7#g7 ,digital inclusion activities ,the term digital inclusion activities-- 7,a7 means the activities that are necessary to ensure that all individuals in the ,united ,states have access to1 and the use of1 affordable information and communication technologies1 such as-- 7i7 reliable broadband service2 7ii7 internet-enabled devices that meet the needs of the user2 and 7iii7 applications and online content designed to enable and encourage self-sufficiency1 participation1 and collaboration2 and 7,b7 includes-- 7i7 the provision of digital literacy training2 7ii7 the provision of quality technical support2 and 7iii7 promoting basic awareness of measures to ensure online privacy and cybersecurity4 7#h7 ,eligible ,state ,the term eligible ,state means-- 7,a7 with respect to planning grants made available under section #abja7;c77#c71 a ,state with respect to which the ,assistant ,secretary has approved an application submitted to the ,assistant ,secretary under section #abja7;c77#c77;,c72 and 7,b7 with respect to capacity grants awarded under section #abja7;d71 a ,state with respect to which the ,assistant ,secretary has approved an application submitted to the ,assistant ,secretary under section #abja7;d77#b71 including approval of the ,state ,digital ,equity ,plan developed by the ,state under section #abja7;c74 7#i7 ,federal broadband service support program ,the term ,federal broadband service support program does not include any ,universal ,service ,fund program and means any of the following programs 7or any other similar ,federal program7 to the extent the program offers broadband service or programs for promoting access to broadband service and adoption of broadband service for various demographic communities through various media for residential1 commercial1 or community providers or anchor institutions3 7,a7 ,the ,telecommunications and ,technology ,program of the ,appalachian ,regional ,commission4 7,b7 ,the ,telecommunications ,infrastructure ,loans and ,loan ,guarantees1 the ,rural ,broadband ,access ,loans and ,loan ,guarantees1 the ,substantially ,underserved ,trust ,areas ,provisions1 the ,community ,connect ,grant ,program1 and the ,distance ,learning and ,telemedicine ,grant ,program of the ,rural ,utilities ,service of the ,department of ,agriculture4 7,c7 ,the ,public ,works and ,economic ,adjustment ,assistance ,programs and the ,planning and ,local ,technical ,assistance ,programs of the ,economic ,development ,administration of the ,department of ,commerce4 7,d7 ,the ,community ,development ,block ,grants and ,section #ajh ,loan ,guarantees1 the ,funds for ,public ,housing ,authorities3 ,capital ,fund and ,operating ,fund1 the ,multifamily ,housing1 the ,indian ,community ,development ,block ,grant ,program1 the ,indian ,housing ,block ,grant ,program1 the ,title ,,vi ,loan ,guarantee ,program1 ,choice ,neighborhoods1 the ,,home ,investment ,partnerships ,program1 the ,housing ,trust ,fund1 and the ,housing ,opportunities for ,persons with ,,aids of the ,department of ,housing and ,urban ,development4 7,e7 ,the ,american ,job ,centers of the ,employment and ,training ,administration of the ,department of ,labor4 7,f7 ,the ,library ,services and ,technology ,grant ,programs of the ,institute of ,museum and ,library ,services4 7,g7 ,the ,state ,digital ,equity ,capacity ,grant ,program established under section #abja4 7,h7 ,the ,digital ,equity ,competitive ,grant ,program established under section #abjb4 7,i7 ,the program established under section #gbc of the ,communications ,act of #aicd 7relating to expansion of access to broadband service for unserved areas1 areas with low-tier service1 areas with mid-tier service1 and unserved anchor institutions71 as added by section #caja4 7,j7 ,the broadband infrastructure finance and innovation program established under subtitle ,b of title ,,iii4 7#aj7 ,gender identity ,the term gender identity has the meaning given the term in section #bdi7;c7 of title #ah1 ,united ,states ,code4 7#aa7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja7cj7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cj774 7#ab7 ,medicaid enrollee ,the term ,medicaid enrollee means1 with respect to a ,state1 an individual enrolled in the ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 or a waiver of that plan4 7#ac7 ,national ,lifeline ,eligibility ,verifier ,the term ,national ,lifeline ,eligibility ,verifier has the meaning given such term in section #ed4djj of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#ad7 ,office ,the term ,office means the ,office of ,internet ,connectivity and ,growth established pursuant to section #aaja4 7#ae7 ,public housing agency ,the term public housing agency has the meaning given the term in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#af7 ,,snap participant ,the term ,,snap participant means an individual who is a member of a household that participates in the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7#ag7 ,socially and economically disadvantaged small business concern ,the term socially and economically disadvantaged small business concern has the meaning given the term in section #h7;a77#d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a77#d774 7#ah7 ,tribally designated entity ,the term tribally designated entity means an entity designated by an ,indian ,tribe to carry out activities under this title4 7#ai7 ,universal ,service ,fund program ,the term ,universal ,service ,fund program means any program authorized under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed71 to the extent such program provides support for broadband service deployment4 7#bj7 ,universal service mechanism ,the term universal service mechanism means any funding stream provided by a ,universal ,service ,fund program to support broadband service deployment4 7#ba7 ,workforce development program ,the term workforce development program has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 ,a ,office of ,internet ,connectivity and ,growth #aaja4 ,establishment of the ,office of ,internet ,connectivity and ,growth ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall establish the ,office of ,internet ,connectivity and ,growth within the ,national ,telecommunications and ,information ,administration4 #aajb4 ,duties 7a7 ,outreach ,the ,office shall-- 7#a7 connect with communities that need access to broadband service and improved digital inclusion activities through various forms of outreach and communication techniques2 7#b7 hold regional workshops across the country to share best practices and effective strategies for promoting access to broadband service and adoption of broadband service2 7#c7 develop targeted broadband service training and presentations for various demographic communities through various media2 and 7#d7 develop and distribute publications 7including toolkits1 primers1 manuals1 and white papers7 providing guidance1 strategies1 and insights to communities as the communities develop strategies to expand access to broadband service and adoption of broadband service4 7b7 ,tracking of federal dollars 7#a7 ,broadband service infrastructure ,the ,office shall track the construction and use of and access to any broadband service infrastructure built using any ,federal support in a central database4 7#b7 ,accounting mechanism ,the ,office shall develop a streamlined accounting mechanism by which any ,federal agency offering a ,federal broadband service support program1 and the ,commission with respect to the ,universal ,service ,fund programs1 shall provide the information described in paragraph 7#a7 in a standardized and efficient fashion4 7#c7 ,report ,not later than #a year after the date of the enactment of this ,act1 and every year thereafter1 the ,office shall make public on the website of the ,office and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the following3 7,a7 ,a description of the work of the ,office for the previous year and the number of residents of the ,united ,states that received broadband service as result of ,federal broadband service support programs and the ,universal ,service ,fund programs4 7,b7 ,a description of how many residents of the ,united ,states were provided broadband service by which universal service mechanism or which ,federal broadband service support program4 7,c7 ,an estimate of the economic impact of such broadband service deployment efforts on the local economy1 including any effect on small businesses or jobs4 7,d7 ,a description of any non-economic benefits of such broadband service deployment efforts1 including any effect on civic engagement4 7c7 ,study and report on affordability of adoption of broadband service 7#a7 ,study ,the ,office1 in consultation with the ,commission1 the ,department of ,agriculture1 the ,department of the ,treasury1 and such other ,federal agencies as the ,office considers appropriate1 shall1 not later than #a year after the date of the enactment of this ,act1 and biennially thereafter1 conduct a study that examines the following3 7,a7 ,the number of households for which cost is a barrier to the adoption of broadband service1 the financial circumstances of such households1 and whether such households are eligible for the broadband benefit under section #acja4 7,b7 ,the extent to which the cost of adoption of broadband service is a financial burden to households that have adopted broadband service1 the financial circumstances of such financially burdened households1 and whether such households are receiving the broadband benefit under section #acja4 7,c7 ,the appropriate standard to determine whether adoption of broadband service is affordable for households1 given the financial circumstances of such households4 7,d7 ,the feasibility of providing additional ,federal subsidies1 including expanding the eligibility for or increasing the amount of the broadband benefit under section #acja1 to households to cover the difference between the cost of adoption of broadband service 7determined before applying such additional ,federal subsidies7 and the price at which adoption of broadband service would be affordable4 7,e7 ,how a program to provide additional ,federal subsidies as described in subparagraph 7,d7 should be administered to most effectively facilitate adoption of broadband service at the lowest overall expense to the ,federal ,government1 including measures that would ensure that the availability of the subsidies does not result in providers raising the price of broadband service for households receiving subsidies4 7,f7 ,how participation in the ,lifeline program of the ,commission has changed in the #e years prior to the date of the enactment of this ,act1 including-- 7i7 geographic information at the census-block level depicting the scale of change in participation in each area2 and 7ii7 information on changes in participation by specific types of ,lifeline-supported services1 including fixed voice telephony service1 mobile voice telephony service1 fixed broadband service1 and mobile broadband service and1 in the case of any ,lifeline-supported services provided as part of a bundle of services to which a ,lifeline discount is applied1 which ,lifeline-supported services are part of such bundle and whether or not each ,lifeline-supported service in such bundle meets ,lifeline minimum service standards4 7,g7 ,how competition impacts the price of broadband service4 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act1 and biennially thereafter1 the ,office shall submit to ,congress a report on the results of the study conducted under paragraph 7#a74 7#c7 ,cost defined ,in this subsection1 the term cost means1 with respect to adoption of broadband service1 the cost of adoption of broadband service to a household after applying any subsidies that reduce such cost4 #aajc4 ,streamlined applications for support 7a7 ,federal agency consultation ,the ,office shall consult with any ,federal agency offering a ,federal broadband service support program to streamline and standardize the application process for financial assistance for such program4 7b7 ,federal agency streamlining ,any ,federal agency offering a ,federal broadband service support program shall amend the applications of such agency for broadband service support1 to the extent practicable and as necessary1 to streamline and standardize applications for ,federal broadband service support programs across the ,government4 7c7 ,single application ,to the greatest extent practicable1 the ,office shall seek to create one application that may be submitted to apply for all1 or substantially all1 ,federal broadband service support programs4 7d7 ,website required ,not later than #ahj days after the date of the enactment of this ,act1 the ,office shall create a central website through which potential applicants can learn about and apply for support through any ,federal broadband service support program4 #aajd4 ,coordination of support ,the ,office1 any ,federal agency that offers a ,federal broadband service support program1 and the ,commission with respect to the ,universal ,service ,fund programs shall coordinate to ensure that support is being distributed in an efficient1 technology-neutral1 and financially sustainable manner1 with the goals of achieving universal access to affordable broadband service and promoting the most job and economic growth for all residents of the ,united ,states4 #aaje4 ,rule of construction ,nothing in this subtitle is intended to alter or amend any provision of section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed74 #aajf4 ,funding 7a7 ,appropriation ,there are appropriated to the ,assistant ,secretary1 out of any money in the ,treasury not otherwise appropriated1 #bf1jjj1jjj to carry out this subtitle for fiscal year #bjba1 to remain available until expended4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,assistant ,secretary #bf1jjj1jjj to carry out this subtitle for fiscal year #bjbb and each fiscal year thereafter1 to remain available until expended4 ,b ,digital ,equity ,programs #abja4 ,state ,digital ,equity ,capacity ,grant ,program 7a7 ,establishment2 purpose 7#a7 ,in general ,the ,assistant ,secretary shall establish in the ,office the ,state ,digital ,equity ,capacity ,grant ,program 7referred to in this section as the ,program7-- 7,a7 the purpose of which is to promote the achievement of digital equity1 support digital inclusion activities1 and build capacity for efforts by ,states relating to the adoption of broadband service by residents of those ,states2 7,b7 through which the ,assistant ,secretary shall make grants to ,states in accordance with the requirements of this section2 and 7,c7 which shall ensure that ,states have the capacity to promote the achievement of digital equity and support digital inclusion activities4 7#b7 ,consultation with other ,federal agencies2 no conflict ,in establishing the ,program under paragraph 7#a71 the ,assistant ,secretary shall-- 7,a7 consult with-- 7i7 the ,secretary of ,agriculture2 7ii7 the ,secretary of ,housing and ,urban ,development2 7iii7 the ,secretary of ,education2 7iv7 the ,secretary of ,labor2 7v7 the ,secretary of ,health and ,human ,services2 7vi7 the ,secretary of ,veterans ,affairs2 7vii7 the ,secretary of the ,interior2 7viii7 the ,assistant ,secretary for ,indian ,affairs of the ,department of the ,interior2 7ix7 the ,commission2 7x7 the ,federal ,trade ,commission2 7xi7 the ,director of the ,institute of ,museum and ,library ,services2 7xii7 the ,administrator of the ,small ,business ,administration2 7xiii7 the ,federal ,cochairman of the ,appalachian ,regional ,commission2 and 7xiv7 the head of any other ,federal agency that the ,assistant ,secretary determines to be appropriate2 and 7,b7 ensure that the ,program complements and enhances1 and does not conflict with1 other ,federal broadband service support programs and ,universal ,service ,fund programs4 7b7 ,administering entity 7#a7 ,selection2 function ,the governor 7or equivalent official7 of a ,state that wishes to be awarded a grant under this section shall1 from among entities that are eligible under paragraph 7#b71 select an administering entity for that ,state1 which shall-- 7,a7 serve as the recipient of1 and administering agent for1 any grant awarded to the ,state under this section2 7,b7 develop1 implement1 and oversee the ,state ,digital ,equity ,plan for the ,state described in subsection 7c72 7,c7 make subgrants to any of the entities described in clauses 7i7 through 7xi7 of subsection 7c77#a77;,d7 that is located in the ,state in support of-- 7i7 the ,state ,digital ,equity ,plan for the ,state2 and 7ii7 digital inclusion activities in the ,state generally2 and 7,d7 serve as-- 7i7 an advocate for digital equity policies and digital inclusion activities2 and 7ii7 a repository of best practice materials regarding the policies and activities described in clause 7i74 7#b7 ,eligible entities ,any of the following entities may serve as the administering entity for a ,state for the purposes of this section if the entity has demonstrated a capacity to administer the ,program on a statewide level3 7,a7 ,the ,state4 7,b7 ,a political subdivision1 agency1 or instrumentality of the ,state4 7,c7 ,an ,indian ,tribe located in the ,state1 a tribally designated entity located in the ,state1 or a ,native ,hawaiian organization located in the ,state4 7c7 ,state ,digital ,equity ,plan 7#a7 ,development2 contents ,a ,state that wishes to be awarded a grant under subsection 7d7 shall develop a ,state ,digital ,equity ,plan for the ,state1 which shall include-- 7,a7 an identification of the barriers to digital equity faced by covered populations in the ,state2 7,b7 measurable objectives for documenting and promoting1 among each group described in subparagraphs 7,a7 through 7,h7 of section #b7f7 located in that ,state-- 7i7 the availability of1 and affordability of access to1 broadband service and technology needed for the use of broadband service2 7ii7 public awareness of such availability and affordability and of subsidies available to increase such affordability 7including subsidies available through the ,lifeline program of the ,commission71 including objectives to-- 7,i7 inform ,medicaid enrollees and ,,snap participants1 and organizations that serve ,medicaid enrollees and ,,snap participants1 of potential eligibility for the ,lifeline program2 and 7,,ii7 provide ,medicaid enrollees and ,,snap participants with information about the ,lifeline program1 including-- 7aa7 how to apply for the ,lifeline program2 and 7bb7 a description of the prohibition on more than one subscriber in each household receiving a service provided under the ,lifeline program2 7iii7 the online accessibility and inclusivity of public resources and services2 7iv7 digital literacy2 7v7 awareness of1 and the use of1 measures to secure the online privacy of1 and cybersecurity with respect to1 an individual2 and 7vi7 the availability and affordability of consumer devices and technical support for those devices2 7,c7 an assessment of how the objectives described in subparagraph 7,b7 will impact and interact with the ,state's-- 7i7 economic and workforce development goals1 plans1 and outcomes2 7ii7 educational outcomes2 7iii7 health outcomes2 7iv7 civic and social engagement2 and 7v7 delivery of other essential services2 7,d7 in order to achieve the objectives described in subparagraph 7,b71 a description of how the ,state plans to collaborate with key stakeholders in the ,state1 which may include-- 7i7 anchor institutions2 7ii7 county and municipal governments2 7iii7 local educational agencies2 7iv7 where applicable1 ,indian ,tribes1 tribally designated entities1 or ,native ,hawaiian organizations2 7v7 nonprofit organizations2 7vi7 organizations that represent-- 7,i7 individuals with disabilities1 including organizations that represent children with disabilities2 7,,ii7 aging individuals2 7,,iii7 individuals with a language barrier1 including individuals who-- 7aa7 are ,english learners2 or 7bb7 have low levels of literacy2 7,,iv7 veterans2 7,v7 individuals residing in rural areas2 and 7,,vi7 incarcerated individuals in that ,state1 other than individuals who are incarcerated in a ,federal correctional facility 7including a private facility operated under contract with the ,federal ,government72 7vii7 civil rights organizations2 7viii7 entities that carry out workforce development programs2 7ix7 agencies of the ,state that are responsible for administering or supervising adult education and literacy activities in the ,state2 7x7 public housing agencies whose jurisdictions are located in the ,state2 and 7xi7 a consortium of any of the entities described in clauses 7i7 through 7x72 and 7,e7 a list of organizations with which the administering entity for the ,state collaborated in developing and implementing the ,plan4 7#b7 ,public availability 7,a7 ,in general ,the administering entity for a ,state shall make the ,state ,digital ,equity ,plan of the ,state available for public comment for a period of not less than #cj days before the date on which the ,state submits an application to the ,assistant ,secretary under subsection 7d77#b74 7,b7 ,consideration of comments received ,the administering entity for a ,state shall1 with respect to an application submitted to the ,assistant ,secretary under subsection 7d77#b7-- 7i7 before submitting the application-- 7,i7 consider all comments received during the comment period described in subparagraph 7,a7 with respect to the application 7referred to in this subparagraph as the comment period72 and 7,,ii7 make any changes to the plan that the administering entity determines to be appropriate2 and 7ii7 when submitting the application-- 7,i7 describe any changes pursued by the administering entity in response to comments received during the comment period2 and 7,,ii7 include a written response to each comment received during the comment period4 7#c7 ,planning grants 7,a7 ,in general ,beginning in the first fiscal year that begins after the date of the enactment of this ,act1 the ,assistant ,secretary shall1 in accordance with the requirements of this paragraph1 award planning grants to ,states for the purpose of developing the ,state ,digital ,equity ,plans of those ,states under this subsection4 7,b7 ,eligibility ,in order to be awarded a planning grant under this paragraph1 a ,state-- 7i7 shall submit to the ,assistant ,secretary an application under subparagraph 7,c72 and 7ii7 may not have been awarded1 at any time1 a planning grant under this paragraph4 7,c7 ,application ,a ,state that wishes to be awarded a planning grant under this paragraph shall1 not later than #fj days after the date on which the notice of funding availability with respect to the grant is released1 submit to the ,assistant ,secretary an application1 in a format to be determined by the ,assistant ,secretary1 that contains the following materials3 7i7 ,a description of the entity selected to serve as the administering entity for the ,state1 as described in subsection 7b74 7ii7 ,a certification from the ,state that1 not later than #a year after the date on which the ,assistant ,secretary awards the planning grant to the ,state1 the administering entity for that ,state will submit to the ,assistant ,secretary a ,state ,digital ,equity ,plan developed under this subsection1 which will comply with the requirements of this subsection1 including the requirements of paragraph 7#b74 7iii7 ,the assurances required under subsection 7e74 7,d7 ,awards 7i7 ,amount of grant ,the amount of a planning grant awarded to an eligible ,state under this paragraph shall be determined according to the formula under subsection 7d77#c77;,a77i74 7ii7 ,duration 7,i7 ,in general ,except as provided in subclause 7,,ii71 with respect to a planning grant awarded to an eligible ,state under this paragraph1 the ,state shall expend the grant funds during the #a-year period beginning on the date on which the ,state is awarded the grant funds4 7,,ii7 ,exception ,the ,assistant ,secretary may grant an extension of not longer than #ahj days with respect to the requirement under subclause 7,i74 7iii7 ,challenge mechanism ,the ,assistant ,secretary shall ensure that any eligible ,state to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the ,state1 as determined under clause 7i74 7,e7 ,use of funds ,an eligible ,state to which a planning grant is awarded under this paragraph shall1 through the administering entity for that ,state1 use the grant funds only for the following purposes3 7i7 ,to develop the ,state ,digital ,equity ,plan of the ,state under this subsection4 7ii7 7,i7 ,subject to subclause 7,,ii71 to make subgrants to any of the entities described in clauses 7i7 through 7xi7 of paragraph 7#a77;,d7 to assist in the development of the ,state ,digital ,equity ,plan of the ,state under this subsection4 7,,ii7 ,if the administering entity for a ,state makes a subgrant described in subclause 7,i71 the administering entity shall1 with respect to the subgrant1 provide to the ,state the assurances required under subsection 7e74 7d7 ,state capacity grants 7#a7 ,in general ,beginning not later than #b years after the date on which the ,assistant ,secretary begins awarding planning grants under subsection 7c77#c71 the ,assistant ,secretary shall each year award grants to eligible ,states to support-- 7,a7 the implementation of the ,state ,digital ,equity ,plans of those ,states2 and 7,b7 digital inclusion activities in those ,states4 7#b7 ,application ,a ,state that wishes to be awarded a grant under this subsection shall1 not later than #fj days after the date on which the notice of funding availability with respect to the grant is released1 submit to the ,assistant ,secretary an application1 in a format to be determined by the ,assistant ,secretary1 that contains the following materials3 7,a7 ,a description of the entity selected to serve as the administering entity for the ,state1 as described in subsection 7b74 7,b7 ,the ,state ,digital ,equity ,plan of that ,state1 as described in subsection 7c74 7,c7 ,a certification that the ,state1 acting through the administering entity for the ,state1 shall-- 7i7 implement the ,state ,digital ,equity ,plan of the ,state2 and 7ii7 make grants in a manner that is consistent with the aims of the ,plan described in clause 7i74 7,d7 ,the assurances required under subsection 7e74 7,e7 ,in the case of a ,state to which the ,assistant ,secretary has previously awarded a grant under this subsection1 any amendments to the ,state ,digital ,equity ,plan of that ,state1 as compared with the ,state ,digital ,equity ,plan of the ,state previously submitted4 7#c7 ,awards 7,a7 ,amount of grant 7i7 ,formula ,subject to clauses 7ii71 7iii71 and 7iv71 the ,assistant ,secretary shall calculate the amount of a grant awarded to an eligible ,state under this subsection in accordance with the following criteria1 using the best available data for all ,states for the fiscal year in which the grant is awarded3 7,i7 #ej percent of the total grant amount shall be based on the population of the eligible ,state in proportion to the total population of all eligible ,states4 7,,ii7 #be percent of the total grant amount shall be based on the number of individuals in the eligible ,state who are members of covered populations in proportion to the total number of individuals in all eligible ,states who are members of covered populations4 7,,iii7 #be percent of the total grant amount shall be based on the lack of availability of broadband service and lack of adoption of broadband service in the eligible ,state in proportion to the lack of availability of broadband service and lack of adoption of broadband service in all eligible ,states1 which shall be determined according to data collected-- 7aa7 from the annual inquiry of the ,commission conducted under section #gjf7;b7 of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7;b772 7bb7 from the ,american ,community ,survey or1 if necessary1 other data collected by the ,bureau of the ,census2 7cc7 from the ,internet and ,computer ,use ,supplement to the ,current ,population ,survey of the ,bureau of the ,census2 7dd7 by the ,commission pursuant to the rules issued under section #hjb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb72 and 7ee7 from any other source that the ,assistant ,secretary1 after appropriate notice and opportunity for public comment1 determines to be appropriate4 7ii7 ,minimum award ,the amount of a grant awarded to an eligible ,state under this subsection in a fiscal year shall be not less than #j4e percent of the total amount made available to award grants to eligible ,states for that fiscal year4 7iii7 ,additional amounts ,if1 after awarding planning grants to ,states under subsection 7c77#c7 and capacity grants to eligible ,states under this subsection in a fiscal year1 there are amounts remaining to carry out this section1 the ,assistant ,secretary shall distribute those amounts-- 7,i7 to eligible ,states to which the ,assistant ,secretary has awarded grants under this subsection for that fiscal year2 and 7,,ii7 in accordance with the formula described in clause 7i74 7iv7 ,data unavailable ,if1 in a fiscal year1 the ,commonwealth of ,puerto ,rico 7referred to in this clause as ,puerto ,rico7 is an eligible ,state and specific data for ,puerto ,rico is unavailable for a factor described in subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7i71 the ,assistant ,secretary shall use the median data point with respect to that factor among all eligible ,states and assign it to ,puerto ,rico for the purposes of making any calculation under that clause for that fiscal year4 7,b7 ,duration ,with respect to a grant awarded to an eligible ,state under this subsection1 the eligible ,state shall expend the grant funds during the #e-year period beginning on the date on which the eligible ,state is awarded the grant funds4 7,c7 ,challenge mechanism ,the ,assistant ,secretary shall ensure that any eligible ,state to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the ,state1 as determined under subparagraph 7,a74 7,d7 ,use of funds ,the administering entity for an eligible ,state to which a grant is awarded under this subsection shall use the grant amounts for the following purposes3 7i7 7,i7 ,subject to subclause 7,,ii71 to update or maintain the ,state ,digital ,equity ,plan of the ,state4 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #bj percent of the amount of the grant for the purpose described in subclause 7,i74 7ii7 ,to implement the ,state ,digital ,equity ,plan of the ,state4 7iii7 7,i7 ,subject to subclause 7,,ii71 to award a grant to any entity that is described in section #abjb7;b7 and is located in the eligible ,state in order to-- 7aa7 assist in the implementation of the ,state ,digital ,equity ,plan of the ,state2 7bb7 pursue digital inclusion activities in the ,state consistent with the ,state ,digital ,equity ,plan of the ,state2 and 7cc7 report to the ,state regarding the digital inclusion activities of the entity4 7,,ii7 ,before an administering entity for an eligible ,state may award a grant under subclause 7,i71 the administering entity shall require the entity to which the grant is awarded to certify that-- 7aa7 the entity shall carry out the activities required under items 7aa71 7bb71 and 7cc7 of that subclause2 7bb7 the receipt of the grant shall not result in unjust enrichment of the entity2 and 7cc7 the entity shall cooperate with any evaluation-- 7,,aa7 of any program that relates to a grant awarded to the entity2 and 7,,bb7 that is carried out by or for the administering entity1 the ,assistant ,secretary1 or another ,federal official4 7iv7 7,i7 ,subject to subclause 7,,ii71 to evaluate the efficacy of the efforts funded by grants made under clause 7iii74 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #e percent of the amount of the grant for a purpose described in subclause 7,i74 7v7 7,i7 ,subject to subclause 7,,ii71 for the administrative costs incurred in carrying out the activities described in clauses 7i7 through 7iv74 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #c percent of the amount of the grant for the purpose described in subclause 7,i74 7e7 ,assurances ,when applying for a grant under this section1 a ,state shall include in the application for that grant assurances that-- 7#a7 if any of the entities described in clauses 7i7 through 7xi7 of subsection 7c77#a77;,d7 or section #abjb7;b7 is awarded grant funds under this section 7referred to in this subsection as a covered recipient71 provide that-- 7,a7 the covered recipient shall use the grant funds in accordance with any applicable statute1 regulation1 or application procedure2 7,b7 the administering entity for that ,state shall adopt and use proper methods of administering any grant that the covered recipient is awarded1 including by-- 7i7 enforcing any obligation imposed under law on any agency1 institution1 organization1 or other entity that is responsible for carrying out the program to which the grant relates2 7ii7 correcting any deficiency in the operation of a program to which the grant relates1 as identified through an audit or another monitoring or evaluation procedure2 and 7iii7 adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates2 and 7,c7 the administering entity for that ,state shall cooperate in carrying out any evaluation-- 7i7 of any program that relates to a grant awarded to the covered recipient2 and 7ii7 that is carried out by or for the ,assistant ,secretary or another ,federal official2 7#b7 the administering entity for that ,state shall-- 7,a7 use fiscal control and fund accounting procedures that ensure the proper disbursement of1 and accounting for1 any ,federal funds that the ,state is awarded under this section2 7,b7 submit to the ,assistant ,secretary any reports that may be necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under this section2 7,c7 maintain any records and provide any information to the ,assistant ,secretary1 including those records1 that the ,assistant ,secretary determines is necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under this section2 and 7,d7 with respect to any significant proposed change or amendment to the ,state ,digital ,equity ,plan for the ,state1 make the change or amendment available for public comment in accordance with subsection 7c77#b72 and 7#c7 the ,state1 before submitting to the ,assistant ,secretary the ,state ,digital ,equity ,plan of the ,state1 has complied with the requirements of subsection 7c77#b74 7f7 ,termination of grant 7#a7 ,in general ,in addition to other authority under applicable law1 the ,assistant ,secretary shall terminate a grant awarded to an eligible ,state under this section if1 after notice to the ,state and opportunity for a hearing1 the ,assistant ,secretary determines1 and presents to the ,state a rationale and supporting information that clearly demonstrates1 that-- 7,a7 the grant funds are not contributing to the development or implementation of the ,state ,digital ,equity ,plan of the ,state1 as applicable2 7,b7 the ,state is not upholding assurances made by the ,state to the ,assistant ,secretary under subsection 7e72 or 7,c7 the grant is no longer necessary to achieve the original purpose for which the ,assistant ,secretary awarded the grant4 7#b7 ,redistribution ,if the ,assistant ,secretary1 in a fiscal year1 terminates a grant under paragraph 7#a7 or under other authority under applicable law1 the ,assistant ,secretary shall redistribute the unspent grant amounts-- 7,a7 to eligible ,states to which the ,assistant ,secretary has awarded grants under subsection 7d7 for that fiscal year2 and 7,b7 in accordance with the formula described in subsection 7d77#c77;,a77i74 7g7 ,reporting and information requirements2 ,internet disclosure ,the ,assistant ,secretary-- 7#a7 shall-- 7,a7 require any entity to which a grant1 including a subgrant1 is awarded under this section to publicly report1 for each year during the period described in subsection 7c77#c77;,d77ii7 or 7d77#c77;,b71 as applicable1 with respect to the grant1 and in a format specified by the ,assistant ,secretary1 on-- 7i7 the use of that grant by the entity2 7ii7 the progress of the entity towards fulfilling the objectives for which the grant was awarded2 and 7iii7 the implementation of the ,state ,digital ,equity ,plan of the ,state2 7,b7 establish appropriate mechanisms to ensure that any entity to which a grant1 including a subgrant1 is awarded under this section-- 7i7 uses the grant amounts in an appropriate manner2 and 7ii7 complies with all terms with respect to the use of the grant amounts2 and 7,c7 create and maintain a fully searchable database1 which shall be accessible on the internet at no cost to the public1 that contains1 at a minimum-- 7i7 the application of each ,state that has applied for a grant under this section2 7ii7 the status of each application described in clause 7i72 7iii7 each report submitted by an entity under subparagraph 7,a72 7iv7 a record of public comments received during the comment period described in subsection 7c77#b77;,a7 regarding the ,state ,digital ,equity ,plan of a ,state1 as well as any written responses to or actions taken as a result of those comments2 and 7v7 any other information that the ,assistant ,secretary considers appropriate to ensure that the public has sufficient information to understand and monitor grants awarded under this section2 and 7#b7 may establish additional reporting and information requirements for any recipient of a grant under this section4 7h7 ,supplement not supplant ,a grant or subgrant awarded under this section shall supplement1 not supplant1 other ,federal or ,state funds that have been made available to carry out activities described in this section4 7i7 ,set asides ,from amounts made available in a fiscal year to carry out the ,program1 the ,assistant ,secretary shall reserve-- 7#a7 not more than #e percent for the implementation and administration of the ,program1 which shall include-- 7,a7 providing technical support and assistance1 including ensuring consistency in data reporting2 7,b7 providing assistance to-- 7i7 ,states1 or administering entities for ,states1 to prepare the applications of those ,states2 and 7ii7 administering entities with respect to grants awarded under this section2 and 7,c7 developing the report required under section #abjc7;a72 and 7#b7 not less than #e percent to award grants directly to ,indian ,tribes1 tribally designated entities1 and ,native ,hawaiian organizations to allow those ,tribes1 entities1 and organizations to carry out the activities described in this section4 7j7 ,rules ,the ,assistant ,secretary may prescribe such rules as may be necessary to carry out this section4 7k7 ,appropriation ,there are appropriated to the ,assistant ,secretary1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 for the award of grants under subsection 7c77#c71 #fj1jjj1jjj for fiscal year #bjba1 to remain available until expended2 and 7#b7 for the award of grants under subsection 7d7-- 7,a7 #abe1jjj1jjj for fiscal year #bjba1 to remain available until expended2 7,b7 #abe1jjj1jjj for fiscal year #bjbb1 to remain available until expended2 7,c7 #abe1jjj1jjj for fiscal year #bjbc1 to remain available until expended2 7,d7 #abe1jjj1jjj for fiscal year #bjbd1 to remain available until expended2 and 7,e7 #abe1jjj1jjj for fiscal year #bjbe1 to remain available until expended4 #abjb4 ,digital ,equity ,competitive ,grant ,program 7a7 ,establishment 7#a7 ,in general ,not later than #cj days after the date on which the ,assistant ,secretary begins awarding grants under section #abja7;d71 and not before that date1 the ,assistant ,secretary shall establish in the ,office the ,digital ,equity ,competitive ,grant ,program 7referred to in this section as the ,program71 the purpose of which is to award grants to support efforts to achieve digital equity1 promote digital inclusion activities1 and spur greater adoption of broadband service among covered populations4 7#b7 ,consultation2 no conflict ,in establishing the ,program under paragraph 7#a71 the ,assistant ,secretary-- 7,a7 may consult a ,state with respect to-- 7i7 the identification of groups described in subparagraphs 7,a7 through 7,h7 of section #b7f7 located in that ,state2 and 7ii7 the allocation of grant funds within that ,state for projects in or affecting the ,state2 and 7,b7 shall-- 7i7 consult with-- 7,i7 the ,secretary of ,agriculture2 7,,ii7 the ,secretary of ,housing and ,urban ,development2 7,,iii7 the ,secretary of ,education2 7,,iv7 the ,secretary of ,labor2 7,v7 the ,secretary of ,health and ,human ,services2 7,,vi7 the ,secretary of ,veterans ,affairs2 7,,vii7 the ,secretary of the ,interior2 7,,viii7 the ,assistant ,secretary for ,indian ,affairs of the ,department of the ,interior2 7,,ix7 the ,commission2 7,x7 the ,federal ,trade ,commission2 7,,xi7 the ,director of the ,institute of ,museum and ,library ,services2 7,,xii7 the ,administrator of the ,small ,business ,administration2 7,,xiii7 the ,federal ,cochairman of the ,appalachian ,regional ,commission2 and 7,,xiv7 the head of any other ,federal agency that the ,assistant ,secretary determines to be appropriate2 and 7ii7 ensure that the ,program complements and enhances1 and does not conflict with1 other ,federal broadband service support programs and ,universal ,service ,fund programs4 7b7 ,eligibility ,the ,assistant ,secretary may award a grant under the ,program to any of the following entities if the entity is not serving1 and has not served1 as the administering entity for a ,state under section #abja7;b73 7#a7 ,a political subdivision1 agency1 or instrumentality of a ,state1 including an agency of a ,state that is responsible for administering or supervising adult education and literacy activities in the ,state4 7#b7 ,an ,indian ,tribe1 a tribally designated entity1 or a ,native ,hawaiian organization4 7#c7 ,an entity that is-- 7,a7 a not-for-profit entity2 and 7,b7 not a school4 7#d7 ,an anchor institution4 7#e7 ,a local educational agency4 7#f7 ,an entity that carries out a workforce development program4 7#g7 ,a consortium of any of the entities described in paragraphs 7#a7 through 7#f74 7#h7 ,a consortium of-- 7,a7 an entity described in any of paragraphs 7#a7 through 7#f72 and 7,b7 an entity that-- 7i7 the ,assistant ,secretary1 by rule1 determines to be in the public interest2 and 7ii7 is not a school4 7c7 ,application ,an entity that wishes to be awarded a grant under the ,program shall submit to the ,assistant ,secretary an application-- 7#a7 at such time1 in such form1 and containing such information as the ,assistant ,secretary may require2 and 7#b7 that-- 7,a7 provides a detailed explanation of how the entity will use any grant amounts awarded under the ,program to carry out the purposes of the ,program in an efficient and expeditious manner2 7,b7 identifies the period in which the applicant will expend the grant funds awarded under the ,program2 7,c7 includes-- 7i7 a justification for the amount of the grant that the applicant is requesting2 and 7ii7 for each fiscal year in which the applicant will expend the grant funds1 a budget for the activities that the grant funds will support2 7,d7 demonstrates to the satisfaction of the ,assistant ,secretary that the entity-- 7i7 is capable of carrying out the project or function to which the application relates and the activities described in subsection 7h7-- 7,i7 in a competent manner2 and 7,,ii7 in compliance with all applicable ,federal1 ,state1 and local laws2 and 7ii7 if the applicant is an entity described in subsection 7b77#a71 will appropriate or otherwise unconditionally obligate from non-,federal sources funds that are necessary to meet the requirements of subsection 7e72 7,e7 discloses to the ,assistant ,secretary the source and amount of other ,federal1 ,state1 or outside funding sources from which the entity receives1 or has applied for1 funding for activities or projects to which the application relates2 and 7,f7 provides-- 7i7 the assurances that are required under subsection 7f72 and 7ii7 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 manner4 7d7 ,award of grants 7#a7 ,factors considered in award of grants ,in deciding whether to award a grant under the ,program1 the ,assistant ,secretary shall1 to the extent practicable1 consider-- 7,a7 whether-- 7i7 an application will1 if approved-- 7,i7 increase access to broadband service and the adoption of broadband service among covered populations to be served by the applicant2 and 7,,ii7 not result in unjust enrichment2 and 7ii7 the applicant is1 or plans to subcontract with1 a socially and economically disadvantaged small business concern2 7,b7 the comparative geographic diversity of the application in relation to other eligible applications2 and 7,c7 the extent to which an application may duplicate or conflict with another program4 7#b7 ,use of funds 7,a7 ,in general ,in addition to the activities required under subparagraph 7,b71 an entity to which the ,assistant ,secretary awards a grant under the ,program shall use the grant amounts to support not less than #a of the following activities3 7i7 ,to develop and implement digital inclusion activities that benefit covered populations4 7ii7 ,to facilitate the adoption of broadband service by covered populations1 including by raising awareness of subsidies available to increase affordability of such service 7including subsidies available through the ,lifeline program of the ,commission71 in order to provide educational and employment opportunities to those populations4 7iii7 ,to implement1 consistent with the purposes of this subtitle-- 7,i7 training programs for covered populations that cover basic1 advanced1 and applied skills2 or 7,,ii7 other workforce development programs4 7iv7 ,to make available equipment1 instrumentation1 networking capability1 hardware and software1 or digital network technology for broadband service to covered populations at low or no cost4 7v7 ,to construct1 upgrade1 expend1 or operate new or existing public access computing centers for covered populations through anchor institutions4 7vi7 ,to undertake any other project or activity that the ,assistant ,secretary finds to be consistent with the purposes for which the ,program is established4 7,b7 ,evaluation 7i7 ,in general ,an entity to which the ,assistant ,secretary awards a grant under the ,program shall use not more than #aj percent of the grant amounts to measure and evaluate the activities supported with the grant amounts4 7ii7 ,submission to ,assistant ,secretary ,an entity to which the ,assistant ,secretary awards a grant under the ,program shall submit to the ,assistant ,secretary each measurement and evaluation performed under clause 7i7-- 7,i7 in a manner specified by the ,assistant ,secretary2 7,,ii7 not later than #ae months after the date on which the entity is awarded the grant amounts2 and 7,,iii7 annually after the submission described in subclause 7,,ii7 for any year in which the entity expends grant amounts4 7,c7 ,administrative costs ,an entity to which the ,assistant ,secretary awards a grant under the ,program may use not more than #aj percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph 7,a74 7,d7 ,time limitations ,with respect to a grant awarded to an entity under the ,program1 the entity-- 7i7 except as provided in clause 7ii71 shall expend the grant amounts during the #d-year period beginning on the date on which the entity is awarded the grant amounts2 and 7ii7 during the #a-year period beginning on the date that is #d years after the date on which the entity is awarded the grant amounts1 may continue to measure and evaluate the activities supported with the grant amounts1 as required under subparagraph 7,b74 7,e7 ,contracting requirements ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with a grant under the ,program 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this subparagraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7,f7 ,neutrality requirement ,an employer 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 7#bi ,u4,s4,c4 #aea et seq474 7,g7 ,referral of alleged violations of applicable ,federal labor and employment laws ,the ,assistant ,secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate ,federal agency for investigation and enforcement1 any alleged violation of subparagraph 7,e7 or 7,f7 to the ,national ,labor ,relations ,board for investigation and enforcement1 utilizing all appropriate remedies up to and including debarment from the ,program4 7e7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of any project for which the ,assistant ,secretary awards a grant under the ,program may not exceed #ij percent4 7#b7 ,exception ,the ,assistant ,secretary may grant a waiver with respect to the limitation on the ,federal share of a project described in paragraph 7#a7 if-- 7,a7 the applicant with respect to the project petitions the ,assistant ,secretary for the waiver2 and 7,b7 the ,assistant ,secretary determines that the petition described in subparagraph 7,a7 demonstrates financial need4 7f7 ,assurances ,when applying for a grant under this section1 an entity shall include in the application for that grant assurances that the entity will-- 7#a7 use any grant funds that the entity is awarded in accordance with any applicable statute1 regulation1 or application procedure2 7#b7 adopt and use proper methods of administering any grant that the entity is awarded1 including by-- 7,a7 enforcing any obligation imposed under law on any agency1 institution1 organization1 or other entity that is responsible for carrying out a program to which the grant relates2 7,b7 correcting any deficiency in the operation of a program to which the grant relates1 as identified through an audit or another monitoring or evaluation procedure2 and 7,c7 adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates2 7#c7 cooperate with respect to any evaluation-- 7,a7 of any program that relates to a grant awarded to the entity2 and 7,b7 that is carried out by or for the ,assistant ,secretary or another ,federal official2 7#d7 use fiscal control and fund accounting procedures that ensure the proper disbursement of1 and accounting for1 any ,federal funds that the entity is awarded under the ,program2 7#e7 submit to the ,assistant ,secretary any reports that may be necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under the ,program2 and 7#f7 maintain any records and provide any information to the ,assistant ,secretary1 including those records1 that the ,assistant ,secretary determines is necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under the ,program4 7g7 ,termination of grant ,in addition to other authority under applicable law1 the ,assistant ,secretary shall-- 7#a7 terminate a grant awarded to an entity under this section if1 after notice to the entity and opportunity for a hearing1 the ,assistant ,secretary determines1 and presents to the entity a rationale and supporting information that clearly demonstrates1 that-- 7,a7 the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection 7c72 7,b7 the entity is not upholding assurances made by the entity to the ,assistant ,secretary under subsection 7f72 or 7,c7 the grant is no longer necessary to achieve the original purpose for which the ,assistant ,secretary awarded the grant2 and 7#b7 with respect to any grant funds that the ,assistant ,secretary terminates under paragraph 7#a7 or under other authority under applicable law1 competitively award the grant funds to another applicant 7if such an applicant exists71 consistent with the requirements of this section4 7h7 ,reporting and information requirements2 internet disclosure ,the ,assistant ,secretary-- 7#a7 shall-- 7,a7 require any entity to which the ,assistant ,secretary awards a grant under the ,program to1 for each year during the period described in clause 7i7 of subsection 7d77#b77;,d7 with respect to the grant and during the period described in clause 7ii7 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 period1 submit to the ,assistant ,secretary a report1 in a format specified by the ,assistant ,secretary1 regarding-- 7i7 the use by the entity of the grant amounts2 and 7ii7 the progress of the entity towards fulfilling the objectives for which the grant was awarded2 7,b7 establish mechanisms to ensure appropriate use of1 and compliance with respect to all terms regarding1 grant funds awarded under the ,program2 7,c7 create and maintain a fully searchable database1 which shall be accessible on the internet at no cost to the public1 that contains1 at a minimum-- 7i7 a list of each entity that has applied for a grant under the ,program2 7ii7 a description of each application described in clause 7i71 including the proposed purpose of each grant described in that clause2 7iii7 the status of each application described in clause 7i71 including whether the ,assistant ,secretary has awarded a grant with respect to the application and1 if so1 the amount of the grant2 7iv7 each report submitted by an entity under subparagraph 7,a72 and 7v7 any other information that the ,assistant ,secretary considers appropriate to ensure that the public has sufficient information to understand and monitor grants awarded under the ,program2 and 7,d7 ensure that any entity with respect to which an award is terminated under subsection 7g7 may1 in a timely manner1 appeal or otherwise challenge that termination2 and 7#b7 may establish additional reporting and information requirements for any recipient of a grant under the ,program4 7i7 ,supplement not supplant ,a grant awarded to an entity under the ,program shall supplement1 not supplant1 other ,federal or ,state funds that have been made available to the entity to carry out activities described in this section4 7j7 ,set asides ,from amounts made available in a fiscal year to carry out the ,program1 the ,assistant ,secretary shall reserve-- 7#a7 not more than #e percent for the implementation and administration of the ,program1 which shall include-- 7,a7 providing technical support and assistance1 including ensuring consistency in data reporting2 7,b7 providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section2 7,c7 developing the report required under section #abjc7;a72 and 7,d7 conducting outreach to entities that may be eligible to be awarded a grant under the ,program regarding opportunities to apply for such a grant2 and 7#b7 not less than #e percent to award grants directly to ,indian ,tribes1 tribally designated entities1 and ,native ,hawaiian organizations to allow those ,tribes1 entities1 and organizations to carry out the activities described in this section4 7k7 ,rules ,the ,assistant ,secretary may prescribe such rules as may be necessary to carry out this section4 7l7 ,appropriation ,there are appropriated to the ,assistant ,secretary1 out of any money in the ,treasury not otherwise appropriated1 #fbe1jjj1jjj to carry out this section for fiscal year #bjba1 to remain available until expended4 #abjc4 ,policy research1 data collection1 analysis and modeling1 evaluation1 and dissemination 7a7 ,reporting requirements 7#a7 ,in general ,not later than #a year after the date on which the ,assistant ,secretary begins awarding grants under section #abja7;d71 and annually thereafter1 the ,assistant ,secretary shall-- 7,a7 submit to the appropriate committees of ,congress a report that documents1 for the year covered by the report-- 7i7 the findings of each evaluation conducted under subparagraph 7,b72 7ii7 a list of each grant awarded under each covered program1 which shall include-- 7,i7 the amount of each such grant2 7,,ii7 the recipient of each such grant2 and 7,,iii7 the purpose for which each such grant was awarded2 7iii7 any termination or modification of a grant awarded under the covered programs1 which shall include a description of the subsequent usage of any funds to which such an action applies2 and 7iv7 each challenge made by an applicant for1 or a recipient of1 a grant under the covered programs and the outcome of each such challenge2 and 7,b7 conduct evaluations of the activities carried out under the covered programs1 which shall include an evaluation of-- 7i7 whether eligible ,states to which grants are awarded under the program established under section #abja are-- 7,i7 abiding by the assurances made by those ,states under subsection 7e7 of that section2 7,,ii7 meeting1 or have met1 the stated goals of the ,state ,digital ,equity ,plans developed by the ,states under subsection 7c7 of that section2 7,,iii7 satisfying the requirements imposed by the ,assistant ,secretary on those ,states under subsection 7g7 of that section2 and 7,,iv7 in compliance with any other rules1 requirements1 or regulations promulgated by the ,assistant ,secretary in implementing that program2 and 7ii7 whether entities to which grants are awarded under the program established under section #abjb are-- 7,i7 abiding by the assurances made by those entities under subsection 7f7 of that section2 7,,ii7 meeting1 or have met1 the stated goals of those entities with respect to the use of the grant amounts2 7,,iii7 satisfying the requirements imposed by the ,assistant ,secretary on those entities under subsection 7h7 of that section2 and 7,,iv7 in compliance with any other rules1 requirements1 or regulations promulgated by the ,assistant ,secretary in implementing that program4 7#b7 ,public availability ,the ,assistant ,secretary shall make each report submitted under paragraph 7#a77;,a7 publicly available in an online format that-- 7,a7 facilitates access and ease of use2 7,b7 is searchable2 and 7,c7 is accessible-- 7i7 to individuals with disabilities2 and 7ii7 in languages other than ,english4 7b7 ,authority to contract and enter into other arrangements ,the ,assistant ,secretary may award grants and enter into contracts1 cooperative agreements1 and other arrangements with ,federal agencies1 public and private organizations1 and other entities with expertise that the ,assistant ,secretary determines appropriate in order to-- 7#a7 evaluate the impact and efficacy of activities supported by grants awarded under the covered programs2 and 7#b7 develop1 catalog1 disseminate1 and promote the exchange of best practices1 both with respect to and independent of the covered programs1 in order to achieve digital equity4 7c7 ,consultation and public engagement ,in carrying out subsection 7a71 and to further the objectives described in paragraphs 7#a7 and 7#b7 of subsection 7b71 the ,assistant ,secretary shall conduct ongoing collaboration and consult with-- 7#a7 the ,secretary of ,agriculture2 7#b7 the ,secretary of ,housing and ,urban ,development2 7#c7 the ,secretary of ,education2 7#d7 the ,secretary of ,labor2 7#e7 the ,secretary of ,health and ,human ,services2 7#f7 the ,secretary of ,veterans ,affairs2 7#g7 the ,secretary of the ,interior2 7#h7 the ,assistant ,secretary for ,indian ,affairs of the ,department of the ,interior2 7#i7 the ,commission2 7#aj7 the ,federal ,trade ,commission2 7#aa7 the ,director of the ,institute of ,museum and ,library ,services2 7#ab7 the ,administrator of the ,small ,business ,administration2 7#ac7 the ,federal ,cochairman of the ,appalachian ,regional ,commission2 7#ad7 ,state agencies and governors of ,states 7or equivalent officials72 7#ae7 entities serving as administering entities for ,states under section #abja7;b72 7#af7 national1 ,state1 ,tribal1 and local organizations that conduct digital inclusion activities1 promote digital equity1 or provide digital literacy services2 7#ag7 researchers1 academics1 and philanthropic organizations2 and 7#ah7 other agencies1 organizations 7including international organizations71 entities 7including entities with expertise in the fields of data collection1 analysis and modeling1 and evaluation71 and community stakeholders1 as determined appropriate by the ,assistant ,secretary4 7d7 ,technical support and assistance ,the ,assistant ,secretary shall provide technical support and assistance to potential applicants for the covered programs and entities awarded grants under the covered programs1 to ensure consistency in data reporting and to meet the objectives of this section4 #abjd4 ,general provisions 7a7 ,nondiscrimination 7#a7 ,in general ,no individual in the ,united ,states may1 on the basis of actual or perceived race1 color1 religion1 national origin1 sex1 gender identity1 sexual orientation1 age1 or disability1 be excluded from participation in1 be denied the benefits of1 or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available under this subtitle4 7#b7 ,enforcement ,the ,assistant ,secretary shall effectuate paragraph 7#a7 with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a74 7#c7 ,judicial review ,judicial review of an action taken by the ,assistant ,secretary under paragraph 7#b7 shall be available to the extent provided in section #fjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#b74 7b7 ,technological neutrality ,the ,assistant ,secretary shall1 to the extent practicable1 carry out this subtitle in a technologically neutral manner4 7c7 ,audit and oversight ,there are appropriated to the ,office of ,inspector ,general of the ,department of ,commerce1 out of any money in the ,treasury not otherwise appropriated1 for audits and oversight of funds made available to carry out this subtitle1 #e1jjj1jjj for fiscal year #bjba1 to remain available until expended4 ,c ,broadband ,service for ,low-,income ,consumers #acja4 ,additional broadband benefit 7a7 ,promulgation of regulations required ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall promulgate regulations implementing this section4 7b7 ,requirements ,the regulations promulgated pursuant to subsection 7a7 shall establish the following3 7#a7 ,broadband benefit ,a provider shall provide an eligible household with an internet service offering1 upon request by a member of such household4 ,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 household4 7#b7 ,verification of eligibility ,to verify whether a household is an eligible household1 a provider shall either-- 7,a7 use the ,national ,lifeline ,eligibility ,verifier2 or 7,b7 rely upon an alternative verification process of the provider1 if the ,commission finds such process to be sufficient to avoid waste1 fraud1 and abuse4 7#c7 ,use of national lifeline eligibility verifier ,the ,commission shall-- 7,a7 expedite the ability of all providers to access the ,national ,lifeline ,eligibility ,verifier for purposes of determining whether a household is an eligible household2 and 7,b7 ensure that the ,national ,lifeline ,eligibility ,verifier approves an eligible household to receive the broadband benefit not later than ten days after the date of the submission of information necessary to determine if such household is an eligible household4 7#d7 ,reimbursement ,from the ,broadband ,connectivity ,fund established in subsection 7g71 the ,commission shall reimburse a provider in an amount equal to the broadband benefit with respect to an eligible household that receives such benefit from such provider4 7#e7 ,reimbursement for connected device ,a provider that1 in addition to providing the broadband benefit to an eligible household1 supplies such household with a connected device may be reimbursed up to #ajj from the ,broadband ,connectivity ,fund established in subsection 7g7 for such connected device1 if the charge to such eligible household is more than #aj but less than #ej for such connected device1 except that a provider may receive reimbursement for no more than one connected device per eligible household4 7#f7 ,certification required ,to receive a reimbursement under paragraph 7#d7 or 7#e71 a provider shall certify to the ,commission the following3 7,a7 ,that the amount for which the provider is seeking reimbursement from the ,broadband ,connectivity ,fund for an internet service offering to an eligible household is not more than the normal rate4 7,b7 ,that each eligible household for which the provider is seeking reimbursement for providing an internet service offering discounted by the broadband benefit-- 7i7 has not been and will not be charged-- 7,i7 for such offering1 if the normal rate for such offering is less than or equal to the amount of the broadband benefit for such household2 or 7,,ii7 more for such offering than the difference between the normal rate for such offering and the amount of the broadband benefit for such household2 7ii7 will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract2 and 7iii7 was not subject to a mandatory waiting period for such internet service offering based on having previously received broadband service from such provider4 7,c7 ,that each eligible household for which the provider is seeking reimbursement for supplying such household with a connected device has not been and will not be charged #aj or less or #ej or more for such device4 7,d7 ,a description of the process used by the provider to verify that a household is an eligible household1 if the provider elects an alternative verification process under paragraph 7#b77;,b71 and that such verification process was designed to avoid waste1 fraud1 and abuse4 7#g7 ,audit requirements ,the ,commission shall adopt audit requirements to ensure that providers are in compliance with the requirements of this section and to prevent waste1 fraud1 and abuse in the broadband benefit program established under this section4 7c7 ,eligible providers ,notwithstanding subsection 7e7 of this section1 the ,commission shall provide a reimbursement to a provider under this section without requiring such provider to be designated as an eligible telecommunications carrier under section #bad7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bad7;e774 7d7 ,rule of construction ,nothing in this section shall affect the collection1 distribution1 or administration of the ,lifeline ,assistance ,program governed by the rules set forth in subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7e7 ,part #ed regulations ,nothing in this section shall be construed to prevent the ,commission from providing that the regulations in part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 shall apply in whole or in part to support provided under the regulations required by subsection 7a71 shall not apply in whole or in part to such support1 or shall be modified in whole or in part for purposes of application to such support4 7f7 ,enforcement ,a violation of this section or a regulation promulgated under this section1 including the knowing or reckless denial of an internet service offering discounted by the broadband benefit to an eligible household that requests such an offering1 shall be treated as a violation of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 or a regulation promulgated under such ,act4 ,the ,commission shall enforce this section and the regulations promulgated under this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,communications ,act of #aicd were incorporated into and made a part of this section4 7g7 ,broadband ,connectivity ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,broadband ,connectivity ,fund4 7#b7 ,appropriation ,there are appropriated to the ,broadband ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #i1jjj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7#c7 ,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 7a74 7#d7 ,relationship to universal service contributions ,reimbursements provided under the regulations required by subsection 7a7 shall be provided from amounts made available under this subsection and not from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d771 except the ,commission may use such contributions if needed to offset expenses associated with the reliance on the ,national ,lifeline ,eligibility ,verifier to determine eligibility of households to receive the broadband benefit4 7#e7 ,lack of availability of funds ,the regulations required by subsection 7a7 shall provide that a provider is not required to provide an eligible household with an internet service offering under subsection 7b77#a7 for any month for which there are insufficient amounts in the ,broadband ,connectivity ,fund to reimburse the provider under subsection 7b77#d7 for providing the broadband benefit to such eligible household4 7h7 ,definitions ,in this section3 7#a7 ,broadband benefit ,the term broadband benefit means a monthly discount for an eligible household applied to the normal rate for an internet service offering1 in an amount equal to such rate1 but not more than #ej1 or1 if an internet service offering is provided to an eligible household on ,tribal land1 not more than #ge4 7#b7 ,connected device ,the term connected device means a laptop or desktop computer or a tablet4 7#c7 ,eligible household ,the term eligible household means1 regardless of whether the household or any member of the household receives support under subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 and regardless of whether any member of the household has any past or present arrearages with a provider1 a household in which-- 7,a7 at least one member of the household meets the qualifications in subsection 7a7 or 7b7 of section #ed4dji of title #dg1 ,code of ,federal ,regulations 7or any successor regulation72 7,b7 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 ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 or the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 7,c7 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 determined1 documented by layoff or furlough notice1 application for unemployment insurance benefits1 or similar documentation2 or 7,d7 at least one member of the household has received a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 in the most recent academic year4 7#d7 ,internet service offering ,the term internet service offering means1 with respect to a provider1 broadband service provided by such provider to a household1 offered in the same manner1 and on the same terms1 as described in any of such provider's advertisements for broadband service to such household1 on ,may #a1 #bjbj 7or such later date as the ,commission may by rule determine1 if the ,commission considers it necessary74 7#e7 ,normal rate ,the term normal rate means1 with respect to an internet service offering by a provider1 the advertised monthly retail rate1 on ,may #a1 #bjbj 7or such later date as the ,commission may by rule determine1 if the ,commission considers it necessary71 including any applicable promotions and excluding any taxes or other governmental fees4 7#f7 ,provider ,the term provider means a provider of broadband service4 #acjb4 ,grants to ,states to strengthen ,national ,lifeline ,eligibility ,verifier 7a7 ,in general ,from amounts appropriated under subsection 7d71 the ,commission shall1 not later than #cj days after the date of the enactment of this ,act1 make a grant to each ,state1 in an amount in proportion to the population of such ,state1 for the purpose of connecting the database used by such ,state for purposes of the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 to the ,national ,lifeline ,eligibility ,verifier1 so that the receipt by a household of benefits under such program is reflected in the ,national ,lifeline ,eligibility ,verifier4 7b7 ,disbursement of grant funds ,funds under each grant made under subsection 7a7 shall be disbursed to the ,state receiving such grant not later than #fj days after the date of the enactment of this ,act4 7c7 ,certification to ,congress ,not later than #ij days after the date of the enactment of this ,act1 the ,commission shall certify to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate that the grants required by subsection 7a7 have been made and that funds have been disbursed as required by subsection 7b74 7d7 ,appropriation ,there are appropriated to the ,commission1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj to carry out this section for fiscal year #bjba1 to remain available until expended4 #acjc4 ,federal coordination between ,lifeline and ,,snap verification 7a7 ,in general ,notwithstanding section #aa7x77#b77;c77i7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7x77#b77;,c77i771 not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall1 in coordination with the ,secretary of ,agriculture1 establish an automated connection1 to the maximum extent practicable1 between the ,national ,lifeline ,eligibility ,verifier and the ,national ,accuracy ,clearinghouse established under section #aa7x7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7x77 for the supplemental nutrition assistance program4 7b7 ,definition ,in this section1 the term automated connection means a connection1 to the maximum extent practicable1 between two or more information systems where the manual input of information in one system leads to the automatic input of the same information any other connected system4 7c7 ,annual report ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,secretary of ,agriculture1 in consultation with the ,commission1 shall produce a report on enrollment in the ,lifeline program by individuals participating in the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7#a7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,commission shall conduct a study and submit a report to the ,congress on-- 7,a7 the projections on the number of new broadband service consumers who joined through ,federal assistance programs2 and 7,b7 data that illustrates the efficacy of various advertising efforts on eligibility for the ,lifeline program4 ,d ,e-,rate ,support for ,wi-,fi ,hotspots1 ,other ,equipment1 and ,connected ,devices #adja4 ,e-rate support for ,wi-,fi hotspots1 other equipment1 and connected devices 7a7 ,regulations required ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall promulgate regulations providing for the provision1 from amounts made available from the ,connectivity ,fund established under subsection 7h77#a71 of support under section #bed7;h77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77#a77;,b77 to an elementary school1 secondary school1 or library 7including a ,tribal elementary school1 ,tribal secondary school1 or ,tribal library7 eligible for support under such section1 for the purchase of equipment described in subsection 7c71 advanced telecommunications and information services1 or equipment described in such subsection and advanced telecommunications and information services1 for use by-- 7#a7 in the case of a school1 students and staff of such school at locations that include locations other than such school2 and 7#b7 in the case of a library1 patrons of such library at locations that include locations other than such library4 7b7 ,tribal issues 7#a7 ,set aside for ,tribal lands ,the ,commission shall reserve not less than #e percent of the amounts available to the ,commission under subsection 7h77#c7 to provide support under the regulations required by subsection 7a7 to schools and libraries that serve persons who are located on ,tribal lands4 7#b7 ,eligibility of ,tribal libraries ,for purposes of determining the eligibility of a ,tribal library for support under the regulations required by subsection 7a71 the portion of paragraph 7#d7 of section #bed7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77 relating to eligibility for assistance from a ,state library administrative agency under the ,library ,services and ,technology ,act shall not apply4 7c7 ,equipment described ,the equipment described in this subsection is the following3 7#a7 ,wi-,fi hotspots4 7#b7 ,modems4 7#c7 ,routers4 7#d7 ,devices that combine a modem and router4 7#e7 ,connected devices4 7d7 ,prioritization of support ,the ,commission shall provide in the regulations required by subsection 7a7 for a mechanism to require a school or library to prioritize the provision of equipment described in subsection 7c71 advanced telecommunications and information services1 or equipment described in such subsection and advanced telecommunications and information services1 for which support is received under such regulations1 to students and staff or patrons 7as the case may be7 that the school or library believes do not have access to equipment described in subsection 7c71 do not have access to advanced telecommunications and information services1 or have access to neither equipment described in subsection 7c7 nor advanced telecommunications and information services1 at the residences of such students and staff or patrons4 7e7 ,permissible uses of equipment ,the ,commission shall provide in the regulations required by subsection 7a7 that1 in the case of a school or library that purchases equipment described in subsection 7c7 using support received under such regulations1 such school or library-- 7#a7 may use such equipment for such purposes as such school or library considers appropriate1 subject to any restrictions provided in such regulations 7or any successor regulation72 and 7#b7 may not sell or otherwise transfer such equipment in exchange for any thing 7including a service7 of value1 except that such school or library may exchange such equipment for upgraded equipment of the same type4 7f7 ,rule of construction ,nothing in this section shall be construed to affect any authority the ,commission may have under section #bed7;h77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77#a77;,b77 to allow support under such section to be used for the purposes described in subsection 7a7 other than as required by such subsection4 7g7 ,part #ed regulations ,nothing in this section shall be construed to prevent the ,commission from providing that the regulations in part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 shall apply in whole or in part to support provided under the regulations required by subsection 7a71 shall not apply in whole or in part to such support1 or shall be modified in whole or in part for purposes of application to such support4 7h7 ,connectivity ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,connectivity ,fund4 7#b7 ,appropriation ,there are appropriated to the ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7#c7 ,use of funds ,amounts in the ,connectivity ,fund shall be available to the ,commission to provide support under the regulations required by subsection 7a74 7#d7 ,relationship to universal service contributions ,support provided under the regulations required by subsection 7a7 shall be provided from amounts made available under paragraph 7#c7 and not from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d774 7i7 ,definitions ,in this section3 7#a7 ,advanced telecommunications and information services ,the term advanced telecommunications and information services means advanced telecommunications and information services1 as such term is used in section #bed7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h774 7#b7 ,connected device ,the term connected device means a laptop computer1 tablet computer1 or similar device that is capable of connecting to advanced telecommunications and information services4 7#c7 ,library ,the term library includes a library consortium4 7#d7 ,tribal land ,the term ,tribal land means-- 7,a7 any land located within the boundaries of-- 7i7 an ,indian reservation1 pueblo1 or rancheria2 or 7ii7 a former reservation within ,oklahoma2 7,b7 any land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7i7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7ii7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community2 7,c7 any land located within a region established pursuant to section #g7;a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;a772 7,d7 ,hawaiian ,home ,lands1 as defined in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba72 or 7,e7 those areas or communities designated by the ,assistant ,secretary of ,indian ,affairs of the ,department of the ,interior that are near1 adjacent1 or contiguous to reservations where financial assistance and social service programs are provided to ,indians because of their status as ,indians4 7#e7 ,wi-,fi ,the term ,wi-,fi means a wireless networking protocol based on ,institute of ,electrical and ,electronics ,engineers standard #hjb4aa 7or any successor standard74 7#f7 ,wi-,fi hotspot ,the term ,wi-,fi hotspot means a device that is capable of-- 7,a7 receiving mobile advanced telecommunications and information services2 and 7,b7 sharing such services with another device through the use of ,wi-,fi4 ,e ,supporting ,connectivity for ,higher ,education ,students in need #aeja4 ,higher education connectivity fund 7a7 ,regulations required 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,assistant ,secretary1 in consultation with the ,secretary of ,education1 shall promulgate regulations for the provision1 from amounts made available from the ,higher ,education ,connectivity ,fund established under subsection 7b77#a71 of support to an institution of higher education for the purposes of providing eligible services and eligible equipment to students of that institution4 7#b7 ,content ,the regulations promulgated under paragraph 7#a7 shall-- 7,a7 prioritize support for-- 7i7 an institution of higher education that is eligible to receive a grant under part ,a or ,b of title ,,iii or title ,v of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeg et seq41 #ajfj et seq41 #aaja et seq471 including-- 7,i7 a historically ,black college or university2 7,,ii7 a ,hispanic-serving institution2 7,,iii7 a ,tribal ,college or ,university2 and 7,,iv7 a minority-serving institution2 and 7ii7 a rural-serving institution2 7,b7 provide a mechanism to require an institution of higher education to prioritize the provision of an eligible service or eligible equipment to a student who-- 7i7 is eligible to receive a ,federal ,pell ,grant2 7ii7 is a recipient of any other need-based financial aid from the ,federal ,government1 a ,state1 or that institution of higher education2 7iii7 is eligible for a ,lifeline qualifying assistance program2 7iv7 is a low-income individual1 as that term is defined in section #cab7;g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;g772 7v7 is a first generation college student1 as that term is defined in section #fdf4g of title #cd1 ,code of ,federal ,regulations 7or any successor regulation72 7vi7 has been approved to receive ,federal or ,state unemployment insurance benefits since ,march #a1 #bjbj2 or 7vii7 the institution of higher education believes lacks necessary connectivity for participating in distance learning or academic and student support services2 7,c7 establish a schedule of reasonable per-student funding amounts for eligible services and eligible equipment supported under those regulations2 7,d7 provide that-- 7i7 no person that receives support under those regulations may sell or otherwise transfer eligible support or eligible equipment in exchange for anything 7including a service7 of value1 except that such person may exchange that eligible equipment for upgraded equipment of the same type2 and 7ii7 an institution of higher education may use support received under those regulations to provide eligible services and eligible equipment in conjunction with other ,federal funding if the total amount of ,federal funding received by the institution is not greater than the cost of so providing the eligible services and eligible equipment2 and 7,e7 establish reasonable requirements-- 7i7 for an institution of higher education to apply for support under those regulations2 7ii7 for an institution of higher education to procure eligible services and eligible equipment with support obtained under those regulations2 7iii7 with respect to reporting1 recordkeeping1 retention of documents1 compliance1 and audits for an institution of higher education that receives support under those regulations2 7iv7 for payment and distribution of support to institutions of higher education under those regulations2 and 7v7 with respect to any other processes that the ,assistant ,secretary1 in consultation with the ,secretary of ,education1 determines to be appropriate4 7b7 ,higher education connectivity fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,higher ,education ,connectivity ,fund4 7#b7 ,appropriation ,there is appropriated to the ,higher ,education ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj for fiscal year #bjbj1 to remain available through fiscal year #bjba4 7#c7 ,use of funds ,amounts in the ,emergency ,higher ,education ,connectivity ,fund shall be available to the ,assistant ,secretary to provide support under the regulations promulgated under subsection 7a74 7c7 ,rule of construction ,nothing in this section1 any regulation promulgated under this section1 or any policy established by an institution of higher education to implement this section or a regulation promulgated under this section may be construed to preclude any student from receiving support provided under this section or a regulation promulgated under this section4 7d7 ,definitions ,in this section3 7#a7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,broadband internet access service ,the term broadband internet access service has the meaning given the term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#c7 ,eligible equipment ,the term eligible equipment means any of the following3 7,a7 ,a laptop computer1 tablet computer1 or similar device capable of connecting to broadband internet access service4 7,b7 ,a modem4 7,c7 ,a router4 7,d7 ,a device that combines a modem and a router4 7,e7 ,a ,wi-,fi hotspot4 7#d7 ,eligible service ,the term eligible service means-- 7,a7 broadband internet access service2 and 7,b7 video-conferencing systems and services used for distance learning4 7#e7 ,federal pell grant ,the term ,federal ,pell ,grant means a grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a74 7#f7 ,hispanic-serving institution ,the term ,hispanic-serving institution has the meaning given the term in section #ejb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a74 7#g7 ,historically black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#h7 ,institution of higher education ,the term institution of higher education means-- 7,a7 an institution of higher education1 as that term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 or 7,b7 a postsecondary vocational institution1 as that term is defined in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c774 7#i7 ,lifeline qualifying assistance program ,the term ,lifeline qualifying assistance program means a program described in section #ed4djj7;j7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#aj7 ,minority-serving institution ,the term minority-serving institution means any of the following3 7,a7 ,an ,alaska ,native-serving institution 7as that term is defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,b7 ,a ,native ,hawaiian-serving institution 7as that term is defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,c7 ,a ,predominantly ,black institution 7as that term is defined in section #cga7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7c7774 7,d7 ,an ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as that term is defined in section #cbj7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;g7b7774 7,e7 ,a ,native ,american-serving1 nontribal institution 7as that term is defined in section #cai7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;f7b7774 7,f7 ,a consortium of any of the following3 7i7 ,a historically ,black college or university4 7ii7 ,a ,hispanic-serving institution4 7iii7 ,a ,tribal ,college or ,university4 7iv7 ,an institution described in any of subparagraphs 7,a7 through 7,e74 7#aa7 ,rural-serving institution ,the term rural-serving institution has the meaning given the term rural-serving institution of higher education in section #hfa7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aafaq7b774 7#ab7 ,state ,the term ,state has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7#ac7 ,student ,the term student1 when used with respect to an institution of higher education1 means an individual who1 during the period in which the individual receives support under the regulations promulgated under subsection 7a71 is-- 7,a7 registered as a student with the institution2 7,b7 enrolled in not less than #a class of the institution2 or 7,c7 otherwise considered a student by the institution4 7#ad7 ,tribal college or university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c74 7#ae7 ,wi-fi ,the term ,wi-,fi means a wireless networking protocol based on ,institute of ,electrical and ,electronics ,engineers standard #hjb4aa 7or any successor standard74 7#af7 ,wi-fi hotspot ,the term ,wi-,fi hotspot means a device that is capable of-- 7,a7 receiving broadband internet access service2 and 7,b7 sharing broadband internet access service with another device through the use of ,wi-,fi4 ,f ,healthcare broadband expansion #afja4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,eligible equipment ,the term eligible equipment means the equipment described in section #ed4fac of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,eligible service provider ,the term eligible service provider means a provider described in section #ed4fjh of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#d7 ,funding year ,the term funding year has the meaning given the term in section #ed4fjj7;a7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#e7 ,health care provider ,the term health care provider has the meaning given the term in section #ed4fjj7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#f7 ,healthcare connect fund program ,the term ,healthcare ,connect ,fund ,program means the program described in section #ed4fjb7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#g7 ,multi-year commitments ,the term multi-year commitments means the commitments described in section #ed4fbj7;c7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#h7 ,rural area ,the term rural area has the meaning given the term in section #ed4fjj7;e7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#i7 ,rural health care program ,the term ,rural ,health ,care ,program means the program described in subpart ,g of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#aj7 ,rural health care provider ,the term rural health care provider has the meaning given the term in section #ed4fjj7;f7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#aa7 ,telecommunications program ,the term ,telecommunications ,program has the meaning given such term in section #ed4fjb7;a7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#ab7 ,upfront payments ,the term upfront payments means the payments described in section #ed4faf of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 #afjb4 ,expansion of rural health care program 7a7 ,promulgation of regulations required ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall promulgate regulations modifying the requirements in subpart ,g of part #ed of title #dg1 ,code of ,federal ,regulations1 in the following manner3 7#a7 ,a health care provider not located in a rural area shall be treated as a rural health care provider in funding years #bjbj1 #bjba1 and #bjbb for the purposes of the ,healthcare ,connect ,fund ,program4 7#b7 ,the discount rate for an eligible expense through the ,healthcare ,connect ,fund ,program 7as described in section #ed4faa7;a7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation7 shall be increased to #he percent in funding years #bjbj1 #bjba1 and #bjbb for eligible equipment purchased or eligible services rendered in such funding years1 including for eligible equipment1 upfront payments1 and multi-year commitments without limitation4 7#c7 ,a temporary1 mobile1 or satellite health care delivery site shall be treated as a health care provider or an eligible site of a health care provider in funding years #bjbj1 #bjba and #bjbb for purposes of determining eligibility for the ,healthcare ,connect ,fund ,program or the ,telecommunications ,program4 7#d7 ,the adoption and implementation of a rolling application process to allow a health care provider to apply for funding4 7#e7 ,the following changes to certain bidding requirements3 7,a7 ,modification of the requirements in section #ed4fbb of title #dg1 ,code of ,federal ,regulations1 or any successor regulation1 to-- 7i7 provide that bid evaluation criteria may give additional consideration to the speed with which an eligible service provider can initiate service2 and 7ii7 encourage applicants to consider bids from different providers to provide service to different locations of such applicants1 if considering bids in this manner would expedite the overall timeline for initiating or expanding service to individual locations4 7#f7 ,issuance of a decision on each application for funding not later than #fj days after the date on which the application is filed4 7#g7 ,release of funding not later than #cj days after the date on which an invoice is submitted with respect to an application that is approved1 applicable services have been provided1 and required invoices have been submitted as required under program rules4 7b7 ,additional changes to rural health care program 7#a7 ,release of funding for outstanding funding requests 7,a7 ,in general ,the ,commission shall ensure the release of funding for all requests 7outstanding as of the date of enactment of this ,act7 under the ,rural ,health ,care ,program not later than #fj days after the date of enactment of this ,act1 except that for outstanding funding requests that are subject to a review of the applicable urban and rural rates1 the ,commission shall ensure the release of interim funding not later than #fj days after the date of enactment of this ,act1 disbursed at #fe percent of the funding request1 subject to a true-up following the completion of such review4 7,b7 ,limitation ,this paragraph shall not apply to any party or successor-in-interest to any party to which the ,commission1 during the period beginning on the date that is #a year before the date of enactment of this ,act and ending on ,january #ca1 #bjbj1 has issued a ,letter of ,inquiry1 ,notice of ,apparent ,liability1 or ,forfeiture ,order relating to the party's participation in the ,rural ,health ,care ,program1 pursuant to section #ejc7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejc7;b774 7,c7 ,required repayment ,in the case of an eligible service provider that receives funding through the ,rural ,health ,care ,program pursuant to this paragraph to which the eligible service provider is not entitled1 the ,commission shall require the eligible service provider to repay such funds4 7#b7 ,delay of implementation schedule ,the ,commission shall-- 7,a7 delay by #a year the implementation of sections #ed4fjd and #ed4fje of title #dg1 ,code of ,federal ,regulations1 or any successor regulation1 as adopted in the ,report and ,order in the matter of ,promoting ,telehealth in ,rural ,america 7,,fcc #ai-gh7 that was adopted by the ,commission on ,august #a1 #bjai2 and 7,b7 delay application of the new definition of similar services as described in paragraphs #ad through #bj of such ,report and ,order until the implementation of the sections described in subparagraph 7,a74 7c7 ,effective date of regulations ,the regulations required under subsection 7a7 shall take effect on the date on which the regulations are promulgated4 7d7 ,telehealth connectivity fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,telehealth ,connectivity ,fund ,connectivity ,fund4 7#b7 ,appropriation ,there is appropriated to the ,telehealth ,connectivity ,fund ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj for fiscal year #bjbj1 to remain available through fiscal year #bjbb4 7#c7 ,use of funds ,amounts in the ,telehealth ,connectivity ,fund ,connectivity ,fund shall be available to the ,commission to carry out the ,rural ,health ,care ,program1 as modified by the regulations promulgated under subsection 7a74 7#d7 ,relationship to universal service contributions ,support provided under the regulations required by paragraphs 7#a7 through 7#c7 of subsection 7a7 shall be-- 7,a7 provided from amounts made available under paragraph 7#c7 of this subsection and not from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d772 and 7,b7 in addition to1 and not in replacement of1 funds authorized by the ,commission for the ,rural ,health ,care ,program as of the date of enactment of this ,act from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d774 7e7 ,labor requirements ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration or repair work carried out1 in whole or in part1 with assistance made available through the ,rural ,health ,care program 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7f7 ,neutrality requirement ,an employer to which the ,commission 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 7#bi ,u4,s4,c4 #aea et seq474 7g7 ,referral of alleged violations of applicable federal labor and employment laws ,the ,commission shall refer any alleged violation of an applicable labor and employment law to the appropriate ,federal agency for investigation and enforcement1 and shall refer any alleged violation of subsection 7e7 or 7f7 to the ,national ,labor ,relations ,board for investigation and enforcement4 ,,ii ,broadband ,transparency #bjja4 ,definitions ,in this title3 7#a7 ,broadband internet access service ,the term broadband internet access service has the meaning given the term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,fixed wireless broadband ,the term fixed wireless broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of radio1 such as by the use of unlicensed spectrum4 7#c7 ,mobile broadband ,the term mobile broadband-- 7,a7 means broadband internet access service that serves end users primarily using mobile stations2 7,b7 includes services that use smartphones or mobile network-enabled tablets as the primary endpoints for connection to the internet2 and 7,c7 includes mobile satellite broadband internet access services4 7#d7 ,provider ,the term provider means a provider of fixed or mobile broadband internet access service4 7#e7 ,satellite broadband ,the term satellite broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of orbital satellites4 7#f7 ,terrestrial fixed broadband ,the term terrestrial fixed broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by wired technology such as cable1 ,,dsl1 and fiber4 #bjjb4 ,broadband transparency 7a7 ,rules 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall issue final rules that include a requirement for the annual collection by the ,commission of data relating to the price and subscription rates of terrestrial fixed broadband1 fixed wireless broadband1 satellite broadband1 and mobile broadband4 7#b7 ,updates ,not later than #ij days after the date on which rules are issued under paragraph 7#a71 and when determined to be necessary by the ,commission thereafter1 the ,commission shall revise such rules to verify the accuracy of data submitted pursuant to such rules4 7#c7 ,redundancy avoidance ,nothing in this section shall be construed to require the ,commission1 in order to meet a requirement of this section1 to duplicate an activity that the ,commission is undertaking as of the date of the enactment of this ,act1 if the ,commission refers to such activity in the rules issued under paragraph 7#a71 such activity meets the requirements of this section1 and the ,commission discloses such activity to the public4 7b7 ,content of rules ,the rules issued by the ,commission under subsection 7a77#a7 shall require the ,commission to collect from each provider of terrestrial fixed broadband1 fixed wireless broadband1 mobile broadband1 or satellite broadband1 data that includes-- 7#a7 either the weighted average of the monthly prices charged to subscribed households within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service1 including mandatory equipment charges1 usage-based fees1 and fees for early termination of required contracts1 or the monthly price charged to each subscribed household1 including such charges and fees2 7#b7 either the mean monthly price within the duration of subscription contracts offered within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service1 including mandatory equipment charges1 usage-based fees1 and fees for early termination of required contracts1 or the mean monthly price within the duration of subscription contracts offered to each household1 including such charges and fees2 7#c7 either the subscription rate within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service1 or information regarding the subscription status of each household to which a subscription is offered2 7#d7 data necessary to demonstrate the actual price paid by subscribers of broadband internet access service at each tier for such service in a manner that-- 7,a7 takes into account any discounts 7or similar price concessions72 and 7,b7 identifies any additional taxes and fees 7including for the use of equipment related to the use of a subscription for such service71 any monthly data usage limitation at the stated price1 and the extent to which the price of the service reflects inclusion within a product bundle2 and 7#e7 data necessary to assess the resiliency of the broadband internet access service network in the event of a natural disaster or emergency4 7c7 ,technical assistance ,the ,commission shall provide technical assistance to small providers 7as defined by the ,commission7 of broadband internet access service1 to ensure such providers can fulfill the requirements of this section4 #bjjc4 ,distribution of data 7a7 ,availability of data ,subject to subsection 7b71 the ,commission shall make all data relating to broadband internet access service collected under rules required by this title available in a commonly used electronic format to-- 7#a7 other ,federal agencies1 including the ,national ,telecommunications and ,information ,administration1 to assist that agency in conducting the study required by section #aajb7;c72 7#b7 a broadband office1 public utility commission1 broadband mapping program1 or other broadband program of a ,state1 in the case of data pertaining to the needs of that ,state2 7#c7 a unit of local government1 in the case of data pertaining to the needs of that locality2 and 7#d7 an individual or organization conducting research for noncommercial purposes or public interest purposes4 7b7 ,protection of data 7#a7 ,in general ,the ,commission may not share any data described in subsection 7a7 with an entity or individual described in that subsection unless the ,commission has determined that the receiving entity or individual has the capability and intent to protect any personally identifiable information contained in the data4 7#b7 ,determination of personally identifiable information ,the ,commission-- 7,a7 shall define the term personally identifiable information1 for purposes of paragraph 7#a71 through notice and comment rulemaking2 and 7,b7 may not share any data under subsection 7a7 before completing the rulemaking under subparagraph 7,a74 7c7 ,balancing access and protection ,if the ,commission is unable to determine under subsection 7b77#a7 that an entity or individual requesting access to data under subsection 7a7 has the capability to protect personally identifiable information contained in the data1 the ,commission shall make as much of the data available as possible in a format that does not compromise personally identifiable information1 through methods such as anonymization4 #bjjd4 ,coordination with certain other ,federal agencies ,section #hjd7;b77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdd7;b77#b771 as added by the ,broadband ,,data ,act 7,public ,law #aaf-acj71 is amended-- 7#a7 in subparagraph 7,a77ii71 by striking the semicolon at the end and inserting 2 and2 7#b7 by amending subparagraph 7,b7 to read as follows3 7,b7 coordinate with the ,postmaster ,general1 the heads of other ,federal agencies that operate delivery fleet vehicles1 and the ,director of the ,bureau of the ,census for assistance with data collection whenever coordination could feasibly yield more specific geographic data4 2 and 7#c7 by striking subparagraph 7,c74 #bjje4 ,broadband consumer labels 7a7 ,rules ,not later than #a year after the date of the enactment of this ,act1 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 #d1 #bjaf 7,,da #af-ceg74 7b7 ,hearings ,the ,commission shall conduct a series of public hearings in the rulemaking proceeding required by subsection 7a7 to assess how consumers currently evaluate internet service plans and whether existing disclosures are available1 effective1 and sufficient4 #bjjf4 ,appropriation for ,broadband ,,data ,act ,there are appropriated to the ,commission1 out of any money in the ,treasury not otherwise appropriated1 #bd1jjj1jjj to carry out title ,,viii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fda et seq471 as added by the ,broadband ,,data ,act 7,public ,law #aaf-acj71 for fiscal year #bjba1 to remain available until expended4 ,,iii ,broadband ,access ,a ,expansion of ,broadband ,access #caja4 ,expansion of broadband access in unserved areas and areas with low-tier or mid-tier service ,title ,,vii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fja et seq47 is amended by adding at the end the following new section3 #gbc4 ,expansion of broadband access in unserved areas and areas with low-tier or mid-tier service 7a7 ,program established ,not later than #ahj days after the date of the enactment of this section1 the ,commission1 in consultation with the ,assistant ,secretary1 shall establish a program to expand access to broadband service for unserved areas1 areas with low-tier service1 areas with mid-tier service1 and unserved anchor institutions in accordance with the requirements of this section that-- 7#a7 is separate from any universal service program established pursuant to section #bed2 and 7#b7 does not require funding recipients to be designated as eligible telecommunications carriers under section #bad7;e74 7b7 ,use of program funds 7#a7 ,expanding access to broadband service through national system of competitive bidding ,not later than #ah months after the date of the enactment of this section1 the ,commission shall award #ge percent of the amounts appropriated under subsection 7g7 through national systems of competitive bidding to funding recipients only to expand access to broadband service in unserved areas and areas with low-tier service4 7#b7 ,expanding access to broadband service through ,states 7,a7 ,distribution of funds to ,states ,not later than #bee days after the date of the enactment of this section1 the ,commission shall distribute #be percent of the amounts appropriated under subsection 7g7 among the ,states1 in direct proportion to the population of each ,state4 7,b7 ,public notice ,not later than #aie days after the date of the enactment of this section1 the ,commission shall issue a public notice informing each ,state and the public of the amounts to be distributed under this paragraph4 ,the notice shall include-- 7i7 the manner in which a ,state shall inform the ,commission of that ,state's acceptance or acceptance in part of the amounts to be distributed under this paragraph2 7ii7 the date 7which is #cj days after the date on which the public notice is issued7 by which such acceptance or acceptance in part is due2 and 7iii7 the requirements as set forth under this section and as may be further prescribed by the ,commission4 7,c7 ,acceptance by ,states ,not later than #cj days after the date on which a public notice is issued under subparagraph 7,b71 each ,state accepting amounts to be distributed under this paragraph shall inform the ,commission 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 notice4 7,d7 ,requirements for ,state receipt of amounts distributed ,each ,state accepting amounts distributed under this paragraph-- 7i7 shall only award such amounts through statewide systems of competitive bidding1 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 ,commission2 7ii7 shall make such awards only-- 7,i7 to funding recipients to expand access to broadband service in unserved areas and areas with low-tier service2 7,,ii7 to funding recipients to expand access to broadband service to unserved anchor institutions2 or 7,,iii7 to funding recipients to expand access to broadband service in areas with mid-tier service1 but only if a ,state does not have1 or no longer has1 any unserved areas or areas with low-tier service2 7iii7 shall conduct separate systems of competitive bidding for awards made to unserved anchor institutions under clause 7ii77,,ii71 if a ,state awards any amounts distributed under this paragraph to unserved anchor institutions2 7iv7 shall return any unused portion of amounts distributed under this paragraph to the ,commission within #aj years after the date of the enactment of this section and shall submit a certification to the ,commission before receiving such amounts that the ,state will return such amounts2 and 7v7 may not use more than #e percent of the amounts distributed under this paragraph to administer a system or systems of competitive bidding authorized by this paragraph4 7#c7 ,coordination of ,federal and ,state funding ,the ,commission1 in consultation with the ,office of ,internet ,connectivity and ,growth1 shall establish processes through the rulemaking under subsection 7e7 to-- 7,a7 enable ,states to conduct statewide systems of competitive bidding as part of1 or in coordination with1 national systems of competitive bidding2 7,b7 assist ,states in conducting statewide systems of competitive bidding2 7,c7 ensure that program funds awarded by the ,commission and program funds awarded by the ,states are not used in the same areas2 and 7,d7 ensure that program funds and funds awarded through other ,federal programs to expand broadband service with a download speed of at least #ajj megabits per second1 an upload speed of at least #ajj megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications1 are not used in the same areas4 7c7 ,program requirements 7#a7 ,technology neutrality required ,the entity administering a system of competitive bidding 7either a ,state or the ,commission7 in making awards may not favor a project using any particular technology4 7#b7 ,gigabit performance funding ,the ,commission shall reserve #bj percent of the amounts to be awarded by the ,commission under subsection 7b77#a71 and each ,state shall reserve #bj percent of the amounts distributed to such ,state under subsection 7b77#b71 for bidders committing 7with respect to any particular project by such a bidder7 to offer1 not later than the date that is #e years after the date on which funding is provided under this section for such project1 broadband service with a download speed of at least #a gigabit per second and an upload speed of at least #a gigabit per second or1 in the case of a project to provide broadband service to an unserved anchor institution1 broadband service with a download speed of at least #aj gigabits per second per #a1jjj users and an upload speed of at least #aj gigabits per second per #a1jjj users4 7#c7 ,system of competitive bidding process ,the entity administering a system of competitive bidding 7either a ,state or the ,commission7 shall structure the system of competitive bidding process to-- 7,a7 first hold a system of competitive bidding only for bidders committing 7with respect to any particular project by such a bidder7 to offer1 not later than the date that is #e years after the date on which funding is provided under this section for such project1 broadband service with a download speed of at least #a gigabit per second and an upload speed of at least #a gigabit per second or1 in the case of a project to provide broadband service to an unserved anchor institution1 broadband service with a download speed of at least #aj gigabits per second per #a1jjj users and an upload speed of at least #aj gigabits per second per #a1jjj users2 and 7,b7 after holding the system of competitive bidding required by subparagraph 7,a71 hold one or more systems of competitive bidding1 in areas not receiving awards under subparagraph 7,a71 to award funds for projects in areas that are estimated to remain unserved areas1 areas with low-tier service1 or 7to the extent permitted under this section7 areas with mid-tier service1 or 7to the extent permitted under this section7 for projects to offer broadband service to anchor institutions that are estimated to remain unserved anchor institutions1 after the completion of the projects for which funding is awarded under the system of competitive bidding required by subparagraph 7,a7 or any previous system of competitive bidding under this subparagraph4 7#d7 ,funds priority preference ,there shall be a preference in a system of competitive bidding for projects that would expand access to broadband service in areas where at least #ij 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 #be megabits per second1 with an upload speed of at least #c megabits per second1 and with latency that is sufficiently low to allow real-time1 interactive applications4 ,such projects shall be given priority in such system of competitive bidding over all other projects1 regardless of how many preferences under paragraph 7#e7 for which such other projects qualify4 7#e7 ,funds preference ,there shall be a preference in a system of competitive bidding1 as determined by the entity administering the system of competitive bidding 7either a ,state or the ,commission71 for any of the following projects3 7,a7 ,projects with at least #bj percent matching funds from non-,federal sources4 7,b7 ,projects that would expand access to broadband service on ,tribal lands1 as defined by the ,commission4 7,c7 ,projects that would provide broadband service with higher speeds than those specified in subsection 7d77#b71 except in the case of funds awarded under subparagraph 7,a7 of paragraph 7#c74 7,d7 ,projects that would expand access to broadband service in advance of the time specified in subsection 7e77#e71 except in the case of funds awarded under subparagraph 7,a7 of paragraph 7#c74 7,e7 ,projects that would expand access to broadband service to persistent poverty counties or high-poverty areas at subsidized rates4 7,f7 ,projects that1 at least until the date that is #aj years after the date of the enactment of this section1 would provide broadband service with comparable speeds to those provided in areas that1 on the day before such date of enactment1 were not unserved areas1 areas with low-tier service1 or areas with mid-tier service1 with minimal future investment4 7,g7 ,projects that would provide broadband service consistent with consumer preferences based on data and analysis conducted by the ,commission4 7,h7 ,projects that would provide for the deployment of open-access broadband service networks4 7#f7 ,unserved areas and areas with low-tier or mid-tier service ,in determining whether an area is an unserved area1 an area with low-tier service1 or an area with mid-tier service or whether an anchor institution is an unserved anchor institution for any system of competitive bidding authorized under this section1 the ,commission shall implement the following requirements through the rulemaking described in subsection 7e73 7,a7 ,data for initial determination ,to make an initial determination as to whether an area is an unserved area1 an area with low-tier service1 or an area with mid-tier service or whether an anchor institution is an unserved anchor institution1 the ,commission shall-- 7i7 use the most accurate and granular data on the map created by the ,commission under section #hjb7;c77#a77;,b72 7ii7 refine the data described in clause 7i7 by using-- 7,i7 other data on access to broadband service obtained or purchased by the ,commission2 7,,ii7 other publicly available data or information on access to broadband service2 and 7,,iii7 other publicly available data or information on ,state broadband service deployment programs2 and 7iii7 not determine an area is not an unserved area1 an area with low-tier service1 or an area with mid-tier service on the basis that one location within such area does not meet the definition of an unserved area1 an area with low-tier service1 or an area with mid-tier service4 7,b7 ,initial determination ,the ,commission shall make an initial determination of the areas that are unserved areas1 areas with low-tier service1 and areas with mid-tier service and which anchor institutions are unserved anchor institutions not later than #bgj days after the date of the enactment of this section4 7,c7 ,challenge of determination 7i7 ,in general ,the ,commission shall provide for a process for challenging any initial determination regarding whether an area is an unserved area1 an area with low-tier service1 or an area with mid-tier service or whether an anchor institution is an unserved anchor institution that1 at a minimum1 provides not less than #de days for a person to voluntarily submit information concerning-- 7,i7 the broadband service offered in the area1 or a commitment to offer broadband service in the area that is subject to legal sanction if not performed2 or 7,,ii7 the broadband service offered to the anchor institution4 7ii7 ,streamlined process ,the ,commission shall ensure that such process is sufficiently streamlined such that a reasonably prudent person may easily participate to challenge such initial determination with little burden on such person4 7,d7 ,final determination ,the ,commission shall make a final determination of the areas that are unserved areas1 areas with low-tier service1 or areas with mid-tier service and which anchor institutions are unserved anchor institutions within #a year after the date of the enactment of this section4 7#g7 ,notice1 transparency1 accountability1 and oversight required ,the program shall contain sufficient notice1 transparency1 accountability1 and oversight measures to provide the public with notice of the assistance provided under this section1 and to deter waste1 fraud1 and abuse of program funds4 7#h7 ,competence ,the program shall contain sufficient processes and requirements1 as established by an entity administering a system of competitive bidding 7either a ,state or the ,commission71 to ensure that1 prior to bidding in such system of competitive bidding1 a provider of broadband service seeking to participate in such system of competitive bidding-- 7,a7 is capable of carrying out the project in a competent manner in compliance with all applicable ,federal1 ,state1 and local laws2 7,b7 has the financial capacity to meet the buildout obligations of the project and requirements as set forth under this section and as may be further prescribed by the ,commission2 and 7,c7 has the technical and operational capability to provide broadband services in the manner contemplated by the provider's bid in the system of competitive bidding1 including a detailed consideration of the provider's prior performance in delivering services as contemplated in the bid and the capabilities of the provider's proposed network to deliver the contemplated services in the area in question4 7#i7 ,contracting requirements ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with assistance made available under this section 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this paragraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#aj7 ,rule of construction regarding environmental laws ,nothing in this section shall be construed to affect-- 7,a7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq42 commonly referred to as the ,clean ,water ,act72 7,c7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,d7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,e7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq42 commonly referred to as the ,resource ,conservation and ,recovery ,act72 or 7,f7 any ,state or local law that is similar to a law listed in subparagraphs 7,a7 through 7,e74 7#aa7 ,referral of alleged violations of applicable ,federal labor and employment laws ,the ,commission shall refer any alleged violation of an applicable labor and employment law to the appropriate ,federal agency for investigation and enforcement1 and any alleged violation of paragraph 7#i7 or 7#ab7 to the ,national ,labor ,relations ,board for investigation and enforcement1 utilizing all appropriate remedies up to and including debarment from the program4 7#ab7 ,labor organization 7,a7 ,in general ,notwithstanding the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 subparagraphs 7,b7 through 7,f7 shall apply with respect to any funding recipient who is an employer and any labor organization who represents employees of a funding recipient4 7,b7 ,neutrality requirement ,an employer 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 7#bi ,u4,s4,c4 #aea et seq474 7,c7 ,commencement of collective bargaining ,not later than #aj days after receiving a written request for collective bargaining from a labor organization that has been newly recognized or certified as a representative under section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a771 or within such further period as the parties agree upon1 the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement4 7,d7 ,mediation and conciliation for failure to reach a collective bargaining agreement 7i7 ,in general ,if the parties have failed to reach an agreement before the date that is #ij days after the date on which bargaining is commenced under subparagraph 7,c71 or any later date agreed upon by both parties1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 7ii7 ,federal ,mediation and ,conciliation ,service ,whenever a request is received under clause 7i71 the ,director of the ,federal ,mediation and ,conciliation ,service shall promptly communicate with the parties and use best efforts1 by mediation and conciliation1 to bring them to agreement4 7,e7 ,tripartite arbitration panel 7i7 ,in general ,if the ,federal ,mediation and ,conciliation ,service is not able to bring the parties to agreement by mediation or conciliation before the date that is #cj days after the date on which such mediation or conciliation is commenced1 or any later date agreed upon by both parties1 the ,service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the ,service1 with one member selected by the labor organization1 one member selected by the employer1 and one neutral member mutually agreed to by the parties4 7ii7 ,dispute settlement ,a majority 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 years1 unless amended during such period by written consent of the parties4 ,such decision shall be based on-- 7,i7 the employer's financial status and prospects2 7,,ii7 the size and type of the employer's operations and business2 7,,iii7 the employees' cost of living2 7,,iv7 the employees' ability to sustain themselves1 their families1 and their dependents on the wages and benefits they earn from the employer2 and 7,v7 the wages and benefits that other employers in the same business provide their employees4 7,f7 ,prohibition on subcontracting for certain purposes ,a funding recipient may not engage in subcontracting for the purpose of circumventing the terms of a collective bargaining agreement with respect to wages1 benefits1 or working conditions4 7,g7 ,parties defined ,in this paragraph1 the term parties means a labor organization that is newly recognized or certified as a representative under section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a77 and the employer of the employees represented by such organization4 7d7 ,project requirements ,any project funded through the program shall meet the following requirements3 7#a7 ,the project shall adhere to quality-of-service standards as established by the ,commission4 7#b7 ,except as provided in paragraphs 7#b7 and 7#c7 of subsection 7c71 the project shall offer broadband service with a download speed of at least #ajj megabits per second1 an upload speed of at least #ajj megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications4 7#c7 ,the project shall offer broadband service at prices that are comparable to1 or lower than1 the prices charged for comparable levels of service in areas that were not unserved areas1 areas with low-tier service1 or areas with mid-tier service on the day before the date of the enactment of this section4 7#d7 ,for any project that involves laying fiber-optic cables along a roadway1 the project shall include interspersed conduit access points at regular and short intervals4 7#e7 ,the project shall incorporate prudent cybersecurity and supply chain risk management practices1 as specified by the ,commission through the rulemaking described in subsection 7e71 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,assistant ,secretary4 7#f7 ,the project shall incorporate best practices1 as defined by the ,commission1 for ensuring reliability and resiliency of the network during disasters4 7#g7 ,any funding recipient must agree to have the project meet the requirements established under section #bbd1 as if the project were classified as a utility under such section4 ,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 7a77#a7 of such section4 7#h7 ,the project shall offer an affordable option for a broadband service plan under which broadband service is provided-- 7,a7 with a download speed of at least #ej megabits per second2 7,b7 with an upload speed of at least #ej megabits per second2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7e7 ,rulemaking and distribution and award of funds ,not later than #ahj days after the date of the enactment of this section1 the ,commission1 in consultation with the ,assistant ,secretary1 shall promulgate rules-- 7#a7 that implement the requirements of this section1 as appropriate2 7#b7 that establish the design of and rules for the national systems of competitive bidding2 7#c7 that establish notice requirements for all systems of competitive bidding authorized under this section that1 at a minimum1 provide the public with notice of-- 7,a7 the initial determination of which areas are unserved areas1 areas with low-tier service1 or areas with mid-tier service2 7,b7 the final determination of which areas are unserved areas1 areas with low-tier service1 or areas with mid-tier service after the process for challenging the initial determination has concluded2 7,c7 which entities have applied to bid for funding2 and 7,d7 the results of any system of competitive bidding1 including identifying the funding recipients1 which areas each project will serve1 the nature of the service that will be provided by the project in each of those areas1 and how much funding the funding recipients will receive in each of those areas2 7#d7 that establish broadband service buildout milestones and periodic certification by funding recipients to ensure compliance with the broadband service buildout milestones for all systems of competitive bidding authorized under this section2 7#e7 that1 except as provided in paragraphs 7#b7 and 7#c7 of subsection 7c71 establish a maximum buildout timeframe of four years beginning on the date on which funding is provided under this section for a project2 7#f7 that establish periodic reporting requirements for funding recipients and that identify1 at a minimum1 the nature of the service provided in each area for any system of competitive bidding authorized under this section2 7#g7 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 section2 7#h7 that establish procedures for recovery of funds1 in whole or in part1 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 competitive bidding authorized under this section2 and 7#i7 that establish mechanisms to reduce waste1 fraud1 and abuse within the program for any system of competitive bidding authorized under this section4 7f7 ,reports required 7#a7 ,inspector general and comptroller general report ,not later than ,june #cj and ,december #ca of each year following the awarding of the first funds under the program1 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 ,commerce1 ,science1 and ,transportation of the ,senate a report for the previous #f months that reviews the program4 ,such report shall include any recommendations to address waste1 fraud1 and abuse4 7#b7 ,state reports ,any ,state that receives funds under the program shall submit an annual report to the ,commission on how such funds were spent1 along with a certification of compliance with the requirements as set forth under this section and as may be further prescribed by the ,commission1 including a description of each service provided and the number of individuals to whom the service was provided4 7g7 ,appropriation ,there are appropriated to the ,commission1 out of any money in the ,treasury not otherwise appropriated1 #hj1jjj1jjj1jjj to carry out the program for fiscal year #bjba1 to remain available until expended4 7h7 ,definitions ,in this section3 7#a7 ,affordable option ,the term affordable option means1 with respect to a broadband service plan1 that broadband service is provided under such plan at a rate that is determined by the ,commission1 in coordination with the ,office of ,internet ,connectivity and ,growth1 to be affordable for a household with an income of #acf percent of the poverty threshold1 as determined by using criteria of poverty established by the ,bureau of the ,census1 for a #d-person household that includes #b dependents under the age of #ah4 7#b7 ,anchor institution ,the term anchor institution means a public or private school1 a library1 a medical or healthcare provider1 a museum1 a public safety entity1 a public housing agency 7as defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b7771 a community college1 an institution of higher education1 a religious organization1 or any other community support organization or agency4 7#c7 ,area ,the term area means the geographic unit of measurement with the greatest level of granularity reasonably feasible for the ,commission to use in making eligibility determinations under this section and in meeting the requirements and deadlines of this section4 7#d7 ,area with low-tier service ,the term area with low-tier service means an area where at least #ij percent of the population has access to broadband service offered-- 7,a7 with a download speed of at least #be megabits per second but less than #ajj megabits per second2 7,b7 with an upload speed of at least #be megabits per second but less than #ajj megabits per second2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7#e7 ,area with mid-tier service ,the term area with mid-tier service means an area where at least #ij percent of the population has access to broadband service offered-- 7,a7 with a download speed of at least #ajj megabits per second but less than #a gigabit per second2 7,b7 with an upload speed of at least #ajj megabits per second but less than #a gigabit per second2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7#f7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#g7 ,broadband service ,the term broadband service-- 7,a7 means broadband internet access service that is a mass-market retail service1 or a service provided to an anchor institution1 by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints1 including any capabilities that are incidental to and enable the operation of the communications service2 7,b7 includes any service that is a functional equivalent of the service described in subparagraph 7,a72 and 7,c7 does not include dial-up internet access service4 7#h7 ,collective bargaining ,the term collective bargaining means performance of the mutual obligation described in section #h7;d7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;d774 7#i7 ,collective bargaining agreement ,the term collective bargaining agreement means an agreement reach through collective bargaining4 7#aj7 ,funding recipient ,the term funding recipient means an entity that receives funding for a project under this section1 including a private entity1 public-private partnership1 cooperative1 or municipal broadband service provider4 7#aa7 ,high-poverty area ,the term high-poverty area means a census tract with a poverty rate of at least #bj percent1 as measured by the most recent #e-year data series available from the ,american ,community ,survey of the ,bureau of the ,census as of the year before the date of the enactment of this section4 7#ab7 ,institution of higher education ,the term institution of higher education-- 7,a7 has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 and 7,b7 includes a postsecondary vocational institution4 7#ac7 ,labor organization ,the term labor organization has the meaning given the term in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7#ad7 ,persistent poverty county ,the term persistent poverty county means any county with a poverty rate of at least #bj percent1 as determined in each of the #aiij and #bjjj decennial censuses and in the ,small ,area ,income and ,poverty ,estimates of the ,bureau of the ,census for the most recent year for which the ,estimates are available4 7#ae7 ,postsecondary vocational institution ,the term postsecondary vocational institution has the meaning given the term in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c774 7#af7 ,program ,unless otherwise indicated1 the term program means the program established under subsection 7a74 7#ag7 ,project ,the term project means an undertaking by a funding recipient under this section to construct and deploy infrastructure for the provision of broadband service4 7#ah7 ,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 offered-- 7,a7 with a download speed of at least #a gigabit per second per #a1jjj users2 7,b7 with an upload speed of at least #a gigabit per second per #a1jjj users2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7#ai7 ,unserved area ,the term unserved area means an area where at least #ij percent of the population has no access to broadband service or does not have access to broadband service offered-- 7,a7 with a download speed of at least #be megabits per second2 7,b7 with an upload speed of at least #be megabits per second2 and 7,c7 with latency that is sufficiently low to allow real-time1 interactive applications4 4 ,b ,broadband ,infrastructure ,finance and ,innovation #cbja4 ,definitions ,in this subtitle3 7#a7 ,,bifia program ,the term ,,bifia program means the broadband infrastructure finance and innovation program established under this subtitle4 7#b7 ,broadband service ,the term broadband service-- 7,a7 means broadband internet access service that is a mass-market retail service1 or a service provided to an entity described in paragraph 7#aa77;,b77ii71 by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints1 including any capabilities that are incidental to and enable the operation of the communications service2 7,b7 includes any service that is a functional equivalent of the service described in subparagraph 7,a72 and 7,c7 does not include dial-up internet access service4 7#c7 ,eligible project costs ,the term eligible project costs means amounts substantially all of which are paid by1 or for the account of1 an obligor in connection with a project1 including the cost of-- 7,a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 historic preservation review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 7,b7 construction and deployment phase activities1 including-- 7i7 construction1 reconstruction1 rehabilitation1 replacement1 and acquisition of real property 7including land relating to the project and improvements to land71 equipment1 instrumentation1 networking capability1 hardware and software1 and digital network technology2 7ii7 environmental mitigation2 and 7iii7 construction contingencies2 and 7,c7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction and deployment4 7#d7 ,federal credit instrument ,the term ,federal credit instrument means a secured loan1 loan guarantee1 or line of credit authorized to be made available under the ,,bifia program with respect to a project4 7#e7 ,investment-grade rating ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa#c1 bbb minus1 ,,bbb 7low71 or higher assigned by a rating agency to project obligations4 7#f7 ,lender ,the term lender means any non-,federal qualified institutional buyer 7as defined in section #bcj4add;,a7a7 of title #ag1 ,code of ,federal ,regulations 7or any successor regulation71 known as ,rule #add;,a7a7 of the ,securities and ,exchange ,commission and issued under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq4771 including-- 7,a7 a qualified retirement plan 7as defined in section #digd7;c7 of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer2 and 7,b7 a governmental plan 7as defined in section #dad7;d7 of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer4 7#g7 ,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-- 7,a7 describes the project and the location1 purpose1 and cost of the project2 7,b7 outlines the proposed financial plan1 including the requested credit assistance and the proposed obligor2 7,c7 provides a status of environmental review2 and 7,d7 provides information regarding satisfaction of other eligibility requirements of the ,,bifia program4 7#h7 ,line of credit ,the term line of credit means an agreement entered into by the ,assistant ,secretary with an obligor under section #cbjd to provide a direct loan at a future date upon the occurrence of certain events4 7#i7 ,loan guarantee ,the term loan guarantee means any guarantee or other pledge by the ,assistant ,secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender4 7#aj7 ,obligor ,the term obligor means a party that-- 7,a7 is primarily liable for payment of the principal of or interest on a ,federal credit instrument2 and 7,b7 may be a corporation1 company1 partnership1 joint venture1 trust1 or governmental entity1 agency1 or instrumentality4 7#aa7 ,project ,the term project means a project-- 7,a7 to construct and deploy infrastructure for the provision of broadband service2 and 7,b7 that the ,assistant ,secretary determines will-- 7i7 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-- 7,i7 with a download speed of at least #ajj megabits per second2 7,,ii7 with an upload speed of at least #bj megabits per second2 and 7,,iii7 with latency that is sufficiently low to allow real-time1 interactive applications2 or 7ii7 provide access or improved access to broadband service to-- 7,i7 schools1 libraries1 medical and healthcare providers1 community colleges and other institutions of higher education1 museums1 religious organizations1 and other community support organizations and entities to facilitate greater use of broadband service by or through such organizations2 7,,ii7 organizations and agencies that provide outreach1 access1 equipment1 and support services to facilitate greater use of broadband service by low-income1 unemployed1 aged1 and otherwise vulnerable populations2 7,,iii7 job-creating strategic facilities located within a ,state-designated economic zone1 ,economic ,development ,district designated by the ,department of ,commerce1 ,empowerment ,zone designated by the ,department of ,housing and ,urban ,development1 or ,enterprise ,community designated by the ,department of ,agriculture2 or 7,,iv7 public safety agencies4 7#ab7 ,project obligation ,the term project obligation means any note1 bond1 debenture1 or other debt obligation issued by an obligor in connection with the financing of a project1 other than a ,federal credit instrument4 7#ac7 ,public authority ,the term public authority means a ,federal1 ,state1 county1 town1 or township1 ,indian ,tribe1 municipal or other local government or instrumentality with authority to finance1 build1 operate1 or maintain infrastructure for the provision of broadband service4 7#ad7 ,rating agency ,the term rating agency means a credit rating agency registered with the ,securities and ,exchange ,commission as a nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7774 7#ae7 ,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 #cbjc4 7#af7 ,small project ,the term small project means a project having eligible project costs that are reasonably anticipated not to equal or exceed #bj1jjj1jjj4 7#ag7 ,subsidy amount ,the term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the ,federal ,government of a ,federal credit instrument-- 7,a7 calculated on a net present value basis2 and 7,b7 excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#ah7 ,substantial completion ,the term substantial completion means1 with respect to a project receiving credit assistance under the ,,bifia program-- 7,a7 the commencement of the provision of broadband service using the infrastructure being financed2 or 7,b7 a comparable event1 as determined by the ,assistant ,secretary and specified in the credit agreement4 #cbjb4 ,determination of eligibility and project selection 7a7 ,eligibility 7#a7 ,in general ,a project shall be eligible to receive credit assistance under the ,,bifia program if-- 7,a7 the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project2 and 7,b7 the project meets the criteria described in this subsection4 7#b7 ,creditworthiness 7,a7 ,in general ,except as provided in subparagraph 7,b71 to be eligible for assistance under the ,,bifia program1 a project shall satisfy applicable creditworthiness standards1 which1 at a minimum1 shall include-- 7i7 adequate coverage requirements to ensure repayment2 7ii7 an investment-grade rating from at least #b rating agencies on debt senior to the ,federal credit instrument2 and 7iii7 a rating from at least #b rating agencies on the ,federal credit instrument4 7,b7 ,small projects ,in order for a small project to be eligible for assistance under the ,,bifia program1 such project shall satisfy alternative creditworthiness standards that shall be established by the ,assistant ,secretary under section #cbje for purposes of this paragraph4 7#c7 ,application ,a ,state1 local government1 agency or instrumentality of a ,state or local government1 public authority1 public-private partnership1 or any other legal entity undertaking the project and authorized by the ,assistant ,secretary shall submit a project application that is acceptable to the ,assistant ,secretary4 7#d7 ,eligible project cost parameters for infrastructure projects ,eligible project costs shall be reasonably anticipated to equal or exceed #b1jjj1jjj in the case of a project or program of projects-- 7,a7 in which the applicant is a local government1 instrumentality of local government1 or public authority 7other than a public authority that is a ,federal or ,state government or instrumentality72 7,b7 located on a facility owned by a local government2 or 7,c7 for which the ,assistant ,secretary determines that a local government is substantially involved in the development of the project4 7#e7 ,dedicated revenue sources ,the applicable ,federal credit instrument shall be repayable1 in whole or in part1 from-- 7,a7 amounts charged to-- 7i7 subscribers of broadband service for such service2 or 7ii7 subscribers of any related service provided over the same infrastructure for such related service2 7,b7 user fees2 7,c7 payments owing to the obligor under a public-private partnership2 or 7,d7 other dedicated revenue sources that also secure or fund the project obligations4 7#f7 ,applications where obligor will be identified later ,a ,state1 local government1 agency or instrumentality of a ,state or local government1 or public authority may submit to the ,assistant ,secretary an application under paragraph 7#c71 under which a private party to a public-private partnership will be-- 7,a7 the obligor2 and 7,b7 identified later through completion of a procurement and selection of the private party4 7#g7 ,beneficial effects ,the ,assistant ,secretary shall determine that financial assistance for the project under the ,,bifia program will-- 7,a7 foster1 if appropriate1 partnerships that attract public and private investment for the project2 7,b7 enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs 7including debt service costs7 of the project2 and 7,c7 reduce the contribution of ,federal grant assistance for the project4 7#h7 ,project readiness ,to be eligible for assistance under the ,,bifia program1 the applicant shall demonstrate a reasonable expectation that the contracting process for the construction and deployment of infrastructure for the provision of broadband service through the project can commence by no later than #ij days after the date on which a ,federal credit instrument is obligated for the project under the ,,bifia program4 7#i7 ,public sponsorship of private entities 7,a7 ,in general ,if an eligible project is carried out by an entity that is not a ,state or local government or an agency or instrumentality of a ,state or local government or a ,tribal ,government or consortium of ,tribal ,governments1 the project shall be publicly sponsored4 7,b7 ,public sponsorship ,for purposes of this subtitle1 a project shall be considered to be publicly sponsored if the obligor can demonstrate1 to the satisfaction of the ,assistant ,secretary1 that the project applicant has consulted with the ,state1 local1 or ,tribal ,government in the area in which the project is located1 or that is otherwise affected by the project1 and that such ,government supports the proposal4 7b7 ,selection among eligible projects 7#a7 ,establishment of ,application process ,the ,assistant ,secretary shall establish a rolling application process under which projects that are eligible to receive credit assistance under subsection 7a7 shall receive credit assistance on terms acceptable to the ,assistant ,secretary1 if adequate funds are available to cover the subsidy costs associated with the ,federal credit instrument4 7#b7 ,preliminary rating opinion letter ,the ,assistant ,secretary shall require each project applicant to provide-- 7,a7 a preliminary rating opinion letter from at least #a rating agency-- 7i7 indicating that the senior obligations of the project1 which may be the ,federal credit instrument1 have the potential to achieve an investment-grade rating2 and 7ii7 including a preliminary rating opinion on the ,federal credit instrument2 or 7,b7 in the case of a small project1 alternative documentation that the ,assistant ,secretary shall require in the standards established under section #cbje for purposes of this paragraph4 7#c7 ,technology neutrality required ,in selecting projects to receive credit assistance under the ,,bifia program1 the ,assistant ,secretary may not favor a project using any particular technology4 7#d7 ,preference for open-access networks ,in selecting projects to receive credit assistance under the ,,bifia program1 the ,assistant ,secretary shall give preference to projects providing for the deployment of open-access broadband service networks4 7c7 ,federal requirements 7#a7 ,in general ,the following provisions of law shall apply to funds made available under the ,,bifia program and projects assisted with those funds3 7,a7 ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7,b7 ,the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 #ed ,u4,s4,c4 #cjjaja et seq4 7commonly referred to as the ,national ,historic ,preservation ,act74 7,d7 ,the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq474 7#b7 ,,nepa ,no funding shall be obligated for a project that has not received an environmental categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,title ,,vi of the ,civil ,rights ,act of #aifd ,for purposes of title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 any project that receives credit assistance under the ,,bifia program shall be considered a program or activity within the meaning of section #fjf of such title 7#db ,u4,s4,c4 #bjjj;d-#d;a74 7#d7 ,contracting requirements ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with assistance made available through a ,federal credit instrument 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this paragraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#e7 ,neutrality requirement ,an employer receiving assistance made available through a ,federal credit instrument under this subtitle 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 7#bi ,u4,s4,c4 #aea et seq474 7#f7 ,referral of alleged violations of applicable ,federal labor and employment laws ,the ,assistant ,secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate ,federal agency for investigation and enforcement1 and any alleged violation of paragraph 7#d7 or 7#e7 to the ,national ,labor ,relations ,board for investigation and enforcement1 utilizing all appropriate remedies up to and including debarment from the ,,bifia program4 7d7 ,application processing procedures 7#a7 ,notice of complete application ,not later than #cj days after the date of receipt of an application under this section1 the ,assistant ,secretary shall provide to the applicant a written notice to inform the applicant whether-- 7,a7 the application is complete2 or 7,b7 additional information or materials are needed to complete the application4 7#b7 ,approval or denial of application ,not later than #fj days after the date of issuance of the written notice under paragraph 7#a71 the ,assistant ,secretary shall provide to the applicant a written notice informing the applicant whether the ,assistant ,secretary has approved or disapproved the application4 7#c7 ,approval before ,,nepa review ,subject to subsection 7c77#b71 an application for a project may be approved before the project receives an environmental categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,development phase activities ,any credit instrument secured under the ,,bifia program may be used to finance up to #ajj percent of the cost of development phase activities as described in section #cbja7c77;,a74 #cbjc4 ,secured loans 7a7 ,in general 7#a7 ,agreements ,subject to paragraphs 7#b7 and 7#c71 the ,assistant ,secretary may enter into agreements with one or more obligors to make secured loans1 the proceeds of which shall be used-- 7,a7 to finance eligible project costs of any project selected under section #cbjb2 7,b7 to refinance interim construction financing of eligible project costs of any project selected under section #cbjb2 or 7,c7 to refinance long-term project obligations or ,federal credit instruments1 if the refinancing provides additional funding capacity for the completion1 enhancement1 or expansion of any project that-- 7i7 is selected under section #cbjb2 or 7ii7 otherwise meets the requirements of section #cbjb4 7#b7 ,limitation on refinancing of interim construction financing ,a loan under paragraph 7#a7 shall not refinance interim construction financing under paragraph 7#a77;,b7-- 7,a7 if the maturity of such interim construction financing is later than #a year after the substantial completion of the project2 and 7,b7 later than #a year after the date of substantial completion of the project4 7#c7 ,risk assessment ,before entering into an agreement under this subsection1 the ,assistant ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget1 shall determine an appropriate capital reserve subsidy amount for each secured loan1 taking into account each rating letter provided by a rating agency under section #cbjb7;b77#b77;,a77ii7 or1 in the case of a small project1 the alternative documentation provided under section #cbjb7;b77#b77;,b74 7b7 ,terms and limitations 7#a7 ,in general ,a secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits7 as the ,assistant ,secretary determines to be appropriate4 7#b7 ,maximum amount ,the amount of a secured loan under this section shall not exceed the lesser of #di percent of the reasonably anticipated eligible project costs or1 if the secured loan is not for a small project and does not receive an investment-grade rating1 the amount of the senior project obligations4 7#c7 ,payment ,a secured loan under this section-- 7,a7 shall-- 7i7 be payable1 in whole or in part1 from-- 7,i7 amounts charged to-- 7aa7 subscribers of broadband service for such service2 or 7bb7 subscribers of any related service provided over the same infrastructure for such related service2 7,,ii7 user fees2 7,,iii7 payments owing to the obligor under a public-private partnership2 or 7,,iv7 other dedicated revenue sources that also secure the senior project obligations2 and 7ii7 include a coverage requirement or similar security feature supporting the project obligations2 and 7,b7 may have a lien on revenues described in subparagraph 7,a71 subject to any lien securing project obligations4 7#d7 ,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 agreement4 7#e7 ,maturity date ,the final maturity date of the secured loan shall be the lesser of-- 7,a7 #ce years after the date of substantial completion of the project2 and 7,b7 if the useful life of the infrastructure for the provision of broadband service being financed is of a lesser period1 the useful life of the infrastructure4 7#f7 ,nonsubordination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7,b7 ,preexisting indenture 7i7 ,in general ,the ,assistant ,secretary shall waive the requirement under subparagraph 7,a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture1 if-- 7,i7 the secured loan-- 7aa7 is rated in the ,a category or higher2 or 7bb7 in the case of a small project1 meets an alternative standard that the ,assistant ,secretary shall establish under section #cbje for purposes of this subclause2 7,,ii7 the secured loan is secured and payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge or a system-backed pledge of project revenues2 and 7,,iii7 the ,,bifia program share of eligible project costs is #cc percent or less4 7ii7 ,limitation ,if the ,assistant ,secretary waives the nonsubordination requirement under this subparagraph-- 7,i7 the maximum credit subsidy to be paid by the ,federal ,government shall be not more than #aj percent of the principal amount of the secured loan2 and 7,,ii7 the obligor shall be responsible for paying the remainder of the subsidy cost1 if any4 7#g7 ,fees ,the ,assistant ,secretary may establish 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 section4 7#h7 ,non-federal share ,the proceeds of a secured loan under the ,,bifia program1 if the loan is repayable from non-,federal funds-- 7,a7 may be used for any non-,federal share of project costs required under this subtitle2 and 7,b7 shall not count toward the total ,federal assistance provided for a project for purposes of paragraph 7#i74 7#i7 ,maximum federal involvement ,the total ,federal assistance provided for a project receiving a loan under the ,,bifia program shall not exceed #hj percent of the total project cost4 7c7 ,repayment 7#a7 ,schedule ,the ,assistant ,secretary shall establish a repayment schedule for each secured loan under this section based on-- 7,a7 the projected cash flow from project revenues and other repayment sources2 and 7,b7 the useful life of the infrastructure for the provision of broadband service being financed4 7#b7 ,commencement ,scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than #e years after the date of substantial completion of the project4 7#c7 ,deferred payments 7,a7 ,in general ,if1 at any time after the date of substantial completion of the project1 the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan1 the ,assistant ,secretary may1 subject to subparagraph 7,c71 allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan4 7,b7 ,interest ,any payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest in accordance with subsection 7b77#d7 until fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the loan4 7,c7 ,criteria 7i7 ,in general ,any payment deferral under subparagraph 7,a7 shall be contingent on the project meeting criteria established by the ,assistant ,secretary4 7ii7 ,repayment standards ,the criteria established pursuant to clause 7i7 shall include standards for reasonable assurance of repayment4 7#d7 ,prepayment 7,a7 ,use of excess revenues ,any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay the secured loan without penalty4 7,b7 ,use of proceeds of refinancing ,the secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-,federal funding sources4 7d7 ,sale of secured loans 7#a7 ,in general ,subject to paragraph 7#b71 as soon as practicable after substantial completion of a project and after notifying the obligor1 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 terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,assistant ,secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor4 7e7 ,loan guarantees 7#a7 ,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 ,assistant ,secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan4 7#b7 ,terms ,the terms of a loan guarantee under paragraph 7#a7 shall be consistent with the terms required under this section for a secured loan1 except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender1 with the consent of the ,assistant ,secretary4 7f7 ,streamlined application process 7#a7 ,in general ,the ,assistant ,secretary shall develop one or more expedited application processes1 available at the request of entities seeking secured loans under the ,,bifia program1 that use a set or sets of conventional terms established pursuant to this section4 7#b7 ,terms ,in establishing the streamlined application process required by this subsection1 the ,assistant ,secretary may allow for an expedited application period and include terms such as those that require-- 7,a7 that the project be a small project2 7,b7 the secured loan to be secured and payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge1 tax increment financing1 or a system-backed pledge of project revenues2 and 7,c7 repayment of the loan to commence not later than #e years after disbursement4 #cbjd4 ,lines of credit 7a7 ,in general 7#a7 ,agreements ,subject to paragraphs 7#b7 through 7#d71 the ,assistant ,secretary may enter into agreements to make available to one or more obligors 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 selected under section #cbjb4 7#b7 ,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 costs1 extraordinary repair and replacement costs1 operation and maintenance expenses1 and costs associated with unexpected ,federal or ,state environmental restrictions4 7#c7 ,risk assessment 7,a7 ,in general ,except as provided in subparagraph 7,b71 before entering into an agreement under this subsection1 the ,assistant ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget and each rating agency providing a preliminary rating opinion letter under section #cbjb7;b77#b77;,a71 shall determine an appropriate capital reserve subsidy amount for each line of credit1 taking into account the rating opinion letter4 7,b7 ,small projects ,before entering into an agreement under this subsection to make available a line of credit for a small project1 the ,assistant ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget1 shall determine an appropriate capital reserve subsidy amount for each such line of credit1 taking into account the alternative documentation provided under section #cbjb7;b77#b77;,b7 instead of preliminary rating opinion letters provided under section #cbjb7;b77#b77;,a74 7#d7 ,investment-grade rating requirement ,the funding of a line of credit under this section shall be contingent on-- 7,a7 the senior obligations of the project receiving an investment-grade rating from #b rating agencies2 or 7,b7 in the case of a small project1 the project meeting an alternative standard that the ,assistant ,secretary shall establish under section #cbje for purposes of this paragraph4 7b7 ,terms and limitations 7#a7 ,in general ,a line of credit under this section with respect to a project shall be on such terms and conditions and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits7 as the ,assistant ,secretary determines to be appropriate4 7#b7 ,maximum amounts ,the total amount of a line of credit under this section shall not exceed #cc percent of the reasonably anticipated eligible project costs4 7#c7 ,draws ,any draw on a line of credit under this section shall-- 7,a7 represent a direct loan2 and 7,b7 be made only if net revenues from the project 7including capitalized interest1 but not including reasonably required financing reserves7 are insufficient to pay the costs specified in subsection 7a77#b74 7#d7 ,interest rate ,the interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on #cj-year ,united ,states ,treasury securities1 as of the date of execution of the line of credit agreement4 7#e7 ,security ,a line of credit issued under this section-- 7,a7 shall-- 7i7 be payable1 in whole or in part1 from-- 7,i7 amounts charged to-- 7aa7 subscribers of broadband service for such service2 or 7bb7 subscribers of any related service provided over the same infrastructure for such related service2 7,,ii7 user fees2 7,,iii7 payments owing to the obligor under a public-private partnership2 or 7,,iv7 other dedicated revenue sources that also secure the senior project obligations2 and 7ii7 include a coverage requirement or similar security feature supporting the project obligations2 and 7,b7 may have a lien on revenues described in subparagraph 7,a71 subject to any lien securing project obligations4 7#f7 ,period of availability ,the full amount of a line of credit under this section1 to the extent not drawn upon1 shall be available during the #aj-year period beginning on the date of substantial completion of the project4 7#g7 ,rights of third-party creditors 7,a7 ,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 section4 7,b7 ,assignment ,an obligor may assign a line of credit under this section to-- 7i7 one or more lenders2 or 7ii7 a trustee on the behalf of such a lender4 7#h7 ,nonsubordination 7,a7 ,in general ,except as provided in subparagraph 7,b71 a direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7,b7 ,pre-existing indenture 7i7 ,in general ,the ,assistant ,secretary shall waive the requirement of subparagraph 7,a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture1 if-- 7,i7 the line of credit-- 7aa7 is rated in the ,a category or higher2 or 7bb7 in the case of a small project1 meets an alternative standard that the ,assistant ,secretary shall establish under section #cbje for purposes of this subclause2 7,,ii7 the ,,bifia program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge or a system-backed pledge of project revenues2 and 7,,iii7 the ,,bifia program share of eligible project costs is #cc percent or less4 7ii7 ,limitation ,if the ,assistant ,secretary waives the nonsubordination requirement under this subparagraph-- 7,i7 the maximum credit subsidy to be paid by the ,federal ,government shall be not more than #aj percent of the principal amount of the secured loan2 and 7,,ii7 the obligor shall be responsible for paying the remainder of the subsidy cost4 7#i7 ,fees ,the ,assistant ,secretary may establish 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 section4 7#aj7 ,relationship to other credit instruments ,a project that receives a line of credit under this section also shall not receive a secured loan or loan guarantee under section #cbjc in an amount that1 combined with the amount of the line of credit1 exceeds #di percent of eligible project costs4 7c7 ,repayment 7#a7 ,terms and conditions ,the ,assistant ,secretary shall establish repayment terms and conditions for each direct loan under this section based on-- 7,a7 the projected cash flow from project revenues and other repayment sources2 and 7,b7 the useful life of the infrastructure for the provision of broadband service being financed4 7#b7 ,timing ,all repayments of principal or interest on a direct loan under this section shall be scheduled-- 7,a7 to commence not later than #e years after the end of the period of availability specified in subsection 7b77#f72 and 7,b7 to conclude1 with full repayment of principal and interest1 by the date that is #be years after the end of the period of availability specified in subsection 7b77#f74 #cbje4 ,alternative prudential lending standards for small projects ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall establish alternative1 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 ,government1 as compared with projects that are not small projects4 #cbjf4 ,program administration 7a7 ,requirement ,the ,assistant ,secretary shall establish a uniform system to service the ,federal credit instruments made available under the ,,bifia program4 7b7 ,fees ,the ,assistant ,secretary may collect and spend fees1 contingent on authority being provided in appropriations ,acts1 at a level that is sufficient to cover-- 7#a7 the costs of services of expert firms retained pursuant to subsection 7d72 and 7#b7 all or a portion of the costs to the ,federal ,government of servicing the ,federal credit instruments4 7c7 ,servicer 7#a7 ,in general ,the ,assistant ,secretary may appoint a financial entity to assist the ,assistant ,secretary in servicing the ,federal credit instruments4 7#b7 ,duties ,a servicer appointed under paragraph 7#a7 shall act as the agent for the ,assistant ,secretary4 7#c7 ,fee ,a servicer appointed under paragraph 7#a7 shall receive a servicing fee1 subject to approval by the ,assistant ,secretary4 7d7 ,assistance from expert firms ,the ,assistant ,secretary may retain the services of expert firms1 including counsel1 in the field of municipal and project finance to assist in the underwriting and servicing of ,federal credit instruments4 7e7 ,expedited processing ,the ,assistant ,secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the ,,bifia program4 7f7 ,assistance to small projects ,of the amount appropriated under section #cbji7;a71 and after the set-aside for administrative expenses under section #cbji7;b71 not less than #bj percent shall be made available for the ,assistant ,secretary to use in lieu of fees collected under subsection 7b7 for small projects4 #cbjg4 ,state and local permits ,the provision of credit assistance under the ,,bifia program with respect to a project shall not-- 7#a7 relieve any recipient of the assistance of any obligation to obtain any required ,state or local permit or approval with respect to the project2 7#b7 limit the right of any unit of ,state or local government to approve or regulate any rate of return on private equity invested in the project2 or 7#c7 otherwise supersede any ,state or local law 7including any regulation7 applicable to the construction or operation of the project4 #cbjh4 ,regulations ,the ,assistant ,secretary may promulgate such regulations as the ,assistant ,secretary determines to be appropriate to carry out the ,,bifia program4 #cbji4 ,funding 7a7 ,appropriation ,there are appropriated to the ,assistant ,secretary1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj to carry out this subtitle for fiscal year #bjba1 to remain available until expended4 7b7 ,administrative expenses ,of the amount appropriated under subsection 7a71 the ,assistant ,secretary may use not more than #e percent for the administration of the ,,bifia program4 #cbaj4 ,reports to ,congress 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and every #b years thereafter1 the ,assistant ,secretary shall submit to ,congress a report summarizing the financial performance of the projects that are receiving1 or have received1 assistance under the ,,bifia program1 including a recommendation as to whether the objectives of the ,,bifia program are best served by-- 7#a7 continuing the program under the authority of the ,assistant ,secretary2 or 7#b7 establishing a ,federal corporation or federally sponsored enterprise to administer the program4 7b7 ,application process report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,assistant ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate 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 fiscal year4 7#b7 ,inclusions 7,a7 ,in general ,each report under paragraph 7#a7 shall include1 at a minimum1 a description of1 with respect to each letter of interest and application included in the report-- 7i7 the date on which the letter of interest or application was received2 7ii7 the date on which a notification was provided to the applicant regarding whether the application was complete or incomplete2 7iii7 the date on which a revised and completed application was submitted 7if applicable72 7iv7 the date on which a notification was provided to the applicant regarding whether the project was approved or disapproved2 and 7v7 if the project was not approved1 the reason for the disapproval4 7,b7 ,correspondence ,each report under paragraph 7#a7 shall include copies of any correspondence provided to the applicant in accordance with section #cbjb7;d74 ,c ,wi-,fi on ,school ,buses #ccja4 ,e-rate support for school bus ,wi-,fi 7a7 ,rulemaking 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 ,commission set forth under subpart ,f of part #ed of title #dg1 ,code of ,federal ,regulations4 7#b7 ,eligible recipients ,notwithstanding section #bed7;h77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77#a77;,b771 the ,commission shall provide in the rulemaking under paragraph 7#a7 for ,state educational agencies1 educational service agencies1 and local educational agencies to be eligible to receive the support described in such paragraph4 7b7 ,definitions ,in this section3 7#a7 ,school bus ,the term school bus means a passenger motor vehicle that is-- 7,a7 designed to carry a driver and not less than #e passengers2 and 7,b7 used significantly to transport-- 7i7 children enrolled in an early childhood education program to or from such program or an event related to such program2 or 7ii7 students enrolled in an elementary school or secondary school to or from such school or an event related to such school4 7#b7 ,terms defined in ,elementary and ,secondary ,education ,act of #aife ,the terms early childhood education program1 educational service agency1 elementary school1 local educational agency1 secondary school1 and ,state educational agency have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 ,,iv ,community ,broadband #djja4 ,state1 local1 public-private partnership1 and co-op broadband services ,section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e7 and inserting after subsection 7c7 the following3 7d7 ,state1 local1 public-,private partnership1 and co-,op advanced telecommunications capability and services 7#a7 ,in general ,no ,state statute1 regulation1 or other ,state legal requirement may prohibit or have the effect of prohibiting any public provider1 public-private partnership provider1 or cooperatively organized provider from providing1 to any person or any public or private entity1 advanced telecommunications capability or any service that utilizes the advanced telecommunications capability provided by such provider4 7#b7 ,antidiscrimination safeguards 7,a7 ,public providers ,to the extent any public provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability1 such public provider shall apply its ordinances and rules without discrimination in favor of itself or any provider that it owns of services that utilize advanced telecommunications capability4 7,b7 ,public-private partnership providers ,to the extent any ,state or local entity that is part of a public-private partnership provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability1 such ,state or local entity shall apply its ordinances and rules without discrimination in favor of such public-private partnership provider or any provider that such ,state or local entity or public-private partnership provider owns of services that utilize advanced telecommunications capability4 7#c7 ,savings clause ,nothing in this subsection shall exempt a public provider1 public-private partnership provider1 or cooperatively organized provider from any ,federal or ,state telecommunications law or regulation that applies to all providers of advanced telecommunications capability or services that utilize such advanced telecommunications capability4 2 and 7#b7 in subsection 7e71 as redesignated-- 7,a7 in the matter preceding paragraph 7#a71 by striking this subsection and inserting this section2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,cooperatively organized provider ,the term cooperatively organized provider means an entity that is treated as a cooperative under ,federal tax law and that provides advanced telecommunications capability1 or any service that utilizes such advanced telecommunications capability1 to any person or public or private entity4 2 and 7,d7 by adding at the end the following3 7#d7 ,public provider ,the term public provider means a ,state or local entity that provides advanced telecommunications capability1 or any service that utilizes such advanced telecommunications capability1 to any person or public or private entity4 7#e7 ,public-private partnership provider ,the term public-private partnership provider means a public-private partnership1 between a ,state or local entity and a private entity1 that provides advanced telecommunications capability1 or any service that utilizes such advanced telecommunications capability1 to any person or public or private entity4 7#f7 ,state or local entity ,the term ,state or local entity means a ,state or political subdivision thereof1 any agency1 authority1 or instrumentality of a ,state or political subdivision thereof1 or an ,indian tribe 7as defined in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e7774 4 ,v ,broadband ,infrastructure ,deployment #ejja4 ,broadband infrastructure deployment 7a7 ,definitions ,in this section3 7#a7 ,appropriate ,state agency ,the term appropriate ,state agency means a ,state governmental agency1 or other ,state entity1 that is recognized by the executive branch of the ,state as having the experience necessary to evaluate and facilitate the installation and operation of broadband infrastructure within the ,state4 7#b7 ,broadband ,the term broadband has the meaning given the term advanced telecommunications capability in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb74 7#c7 ,broadband conduit ,the term broadband conduit means a conduit or innerduct for fiber optic cables 7or successor technology of greater quality and speed7 that supports the provision of broadband4 7#d7 ,broadband infrastructure ,the term broadband infrastructure means any buried or underground facility and any wireless or wireline connection that enables the provision of broadband4 7#e7 ,broadband provider ,the term broadband provider means an entity that provides broadband to any person or facilitates provision of broadband to any person1 including1 with respect to such entity-- 7,a7 a corporation1 company1 association1 firm1 partnership1 nonprofit organization1 or any other private entity2 7,b7 a ,state or local broadband provider2 7,c7 an ,indian ,tribe2 and 7,d7 a partnership between any of the entities described in subparagraphs 7,a71 7,b71 and 7,c74 7#f7 ,covered highway construction project 7,a7 ,in general ,the term covered highway construction project means1 without regard to ownership of a highway1 a project to construct a new highway or an additional lane for an existing highway1 to reconstruct an existing highway1 or new construction1 including for a paved shoulder4 7,b7 ,exclusions ,the term covered highway construction project excludes any project-- 7i7 awarded before the date on which regulations required under subsection 7b7 take effect2 7ii7 that does not include work beyond the edge of pavement or current paved shoulder2 or 7iii7 that does not require excavation4 7#g7 ,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 maintenance of broadband conduit or broadband infrastructure in rights-of-way4 7#h7 ,project ,the term project has the meaning given such term in section #aja of title #bc1 ,united ,states ,code4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#aj7 ,state ,notwithstanding section #b7ad71 the term ,state has the meaning given such term in section #dja of title #bc1 ,united ,states ,code4 7#aa7 ,state or local broadband provider ,the term ,state or local broadband provider means a ,state or political subdivision thereof1 or any agency1 authority1 or instrumentality of a ,state or political subdivision thereof1 that provides broadband to any person or facilitates the provision of broadband to any person in that ,state4 7#ab7 ,tribal government ,the term ,tribal government means the recognized governing body of an ,indian ,tribe or any agency1 authority1 or instrumentality of such governing body or such ,indian ,tribe4 7b7 ,dig once requirement ,to facilitate the installation of broadband infrastructure1 the ,secretary shall1 not later than #i months after the date of enactment of this ,act1 promulgate regulations to ensure that each ,state that receives funds under chapter #a of title #bc1 ,united ,states ,code1 meets the following requirements3 7#a7 ,broadband planning ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall-- 7,a7 identify a broadband coordinator1 who may have additional responsibilities in the ,state department of transportation or in another ,state agency1 that is responsible for facilitating the broadband infrastructure right-of-way efforts within the ,state2 and 7,b7 review existing ,state broadband plans1 including existing dig once requirements of the ,state1 municipal governments incorporated under ,state law1 and ,tribal governments within the ,state1 to determine opportunities to coordinate projects occurring within or across highway rights-of-way with planned broadband infrastructure projects4 7#b7 ,notice of planned construction for broadband providers 7,a7 ,notice ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall establish a process-- 7i7 for the registration of broadband providers that seek to be included in the advance notification of1 and opportunity to participate in1 broadband infrastructure right-of-way facilitation efforts within the ,state2 and 7ii7 to electronically notify all broadband providers registered under clause 7i7-- 7,i7 of the ,state transportation improvement program on at least an annual basis2 and 7,,ii7 of projects within the highway right-of-way for which ,federal funding is expected to be obligated in the subsequent fiscal year4 7,b7 ,website ,a ,state department of transportation shall be considered to meet the requirements of subparagraph 7,a7 if such ,state department of transportation publishes on a public website-- 7i7 the ,state transportation improvement program on at least an annual basis2 and 7ii7 projects within the highway right-of-way for which ,federal funding is expected to be obligated in the subsequent fiscal year4 7,c7 ,coordination ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall establish a process for a broadband provider to commit to installing broadband conduit or broadband infrastructure as part of any project4 7#c7 ,required installation of conduit 7,a7 ,in general ,the ,state department of transportation shall install broadband conduit1 in accordance with this paragraph1 except as described in subparagraph 7,f71 as part of any covered highway construction project1 unless a broadband provider has committed to install broadband conduit or broadband infrastructure as part of such project in a process described under paragraph 7#b77;,c74 7,b7 ,installation requirements ,the ,state department of transportation shall ensure that-- 7i7 an appropriate number of broadband conduits1 as determined in consultation with the appropriate ,state agencies1 are installed along the highway of a covered highway construction project to accommodate multiple broadband providers1 with consideration given to the availability of existing conduits2 7ii7 the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand1 as determined in consultation with the appropriate ,state agencies2 7iii7 hand holes and manholes necessary for fiber access and pulling with respect to such conduit are placed at intervals consistent with standards determined in consultation with the appropriate ,state agencies 7which may differ by type of road1 topologies1 and rurality7 and consistent with safety requirements2 7iv7 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 practices2 and 7v7 is placed at a depth consistent with requirements of the covered highway construction project and best practices and that1 in determining the depth of placement1 consideration is given to the location of existing utilities and cable separation requirements of ,state and local electrical codes4 7,c7 ,guidance for the installation of broadband conduit ,the ,secretary1 in consultation with the ,assistant ,secretary1 shall issue guidance for best practices related to the installation of broadband conduit as described in this paragraph and of conduit and similar infrastructure for intelligent transportation systems 7as such term is defined in section #eja of title #bc1 ,united ,states ,code7 that may utilize broadband conduit installed pursuant to this paragraph4 7,d7 ,access 7i7 ,in general ,the ,state department of transportation shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this paragraph1 on a competitively neutral and nondiscriminatory basis1 and in accordance with ,state permitting1 licensing1 leasing1 or other similar laws and regulations4 7ii7 ,fee schedule ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall publish a fee schedule for a broadband provider to access conduit installed pursuant to this paragraph4 ,fees in such schedule-- 7,i7 shall be consistent with the fees established pursuant to section #bbd of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbd72 7,,ii7 may vary by topography1 location1 type of road1 rurality1 and other factors in the determination of the ,state2 and 7,,iii7 may be updated not more frequently than annually4 7iii7 ,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 provisions of this paragraph as a replacement for part or all of1 but not to exceed1 the relevant fee in the fee schedule described in clause 7ii74 7iv7 ,safety considerations ,the ,state department of transportation shall require of broadband providers a process for safe access to the highway right-of-way during installation and ongoing maintenance of the broadband fiber optic cables including a traffic control safety plan4 7v7 ,communication ,a broadband provider with access to the conduit installed pursuant to this subsection shall notify and receive permission from the relevant agencies of ,state responsible for the installation of such broadband conduit prior to accessing any highway or highway right-of-way1 in accordance with applicable ,federal requirements4 7,e7 ,treatment of projects ,notwithstanding any other provision of law1 broadband conduit and broadband infrastructure installation projects under this paragraph shall comply with section #aac7;a7 of title #bc1 ,united ,states ,code4 7,f7 ,waiver authority 7i7 ,in general ,a ,state department of transportation may waive the required installation of broadband conduit for part or all of any covered highway construction project under this paragraph if1 in the determination of the ,state-- 7,i7 broadband infrastructure1 terrestrial broadband infrastructure1 aerial broadband fiber cables1 or broadband conduit is present near a majority of the length of the covered highway construction project2 7,,ii7 the installation of conduit increases overall costs of a covered highway construction project by #a4e percent or greater2 7,,iii7 the installation of broadband conduit associated with covered highway construction project will not be utilized or connected to future broadband infrastructure in the next #bj years1 in the determination of the ,state department of transportation1 in consultation with appropriate ,state agencies and potentially affected local governments and ,tribal governments2 7,,iv7 the requirements of this paragraph would require installation of conduit redundant with a dig once requirement of a local or ,tribal government2 7,v7 there exists a circumstance involving force majeure2 or 7,,vi7 other relevant factors1 as determined by the ,secretary in consultation with the ,assistant ,secretary through regulation1 warrant a waiver4 7ii7 ,contents of waiver ,a waiver authorized under this subparagraph shall-- 7,i7 identify the covered highway construction project2 and 7,,ii7 include a brief description of the determination of the ,state for issuing such waiver4 7iii7 ,availability of waiver ,a waiver authorized under this subparagraph shall be included in the plans1 specifications1 and estimates for the associated project1 as long as such information is publicly available4 7#d7 ,priority ,if a ,state provides for the installation of broadband infrastructure or broadband conduit in the right-of-way of an applicable project under this subsection1 the ,state department of transportation1 along with appropriate ,state agencies1 shall carry out appropriate measures to ensure that any existing broadband providers are afforded equal opportunity access1 as compared to other broadband providers1 with respect to the program under this subsection4 7#e7 ,consultation 7,a7 ,in general ,in promulgating regulations required by this subsection or to implement any part of this section1 the ,secretary shall consult-- 7i7 the ,assistant ,secretary2 7ii7 the ,commission2 7iii7 ,state departments of transportation2 7iv7 appropriate ,state agencies2 7v7 agencies of local governments responsible for transportation and rights-of-way1 utilities1 and telecommunications and broadband2 7vi7 ,tribal governments2 7vii7 broadband providers2 and 7viii7 manufacturers of optical fiber1 conduit1 pull tape1 and related items4 7,b7 ,broadband users ,the ,secretary shall ensure that the entities consulted under clauses 7iii7 through 7vi7 of subparagraph 7,a7 include rural areas and populations with limited access to broadband infrastructure4 7,c7 ,broadband providers ,the ,secretary shall ensure that the entities consulted under clause 7vii7 of subparagraph 7,a7 include entities who provide broadband to rural areas and populations with limited access to broadband infrastructure4 7#f7 ,prohibition on unfunded mandate 7,a7 ,in general ,this subsection shall apply only to projects for which ,federal obligations or expenditures are initially approved on or after the date regulations required under this subsection take effect4 7,b7 ,no mandate ,absent an available and dedicated ,federal source of funding-- 7i7 nothing in this subsection establishes a mandate or requirement that a ,state install broadband conduit in a highway right-of-way2 and 7ii7 nothing in paragraph 7#c7 shall establish any requirement for a ,state4 7#g7 ,rules of construction 7,a7 ,state law ,nothing in this subsection shall be construed to require a ,state to install or allow the installation of broadband conduit or broadband infrastructure-- 7i7 that is otherwise inconsistent with what is allowable under ,state law2 or 7ii7 where the ,state lacks the authority or property easement necessary for such installation4 7,b7 ,no requirement for installation of mobile services equipment ,nothing in this section shall be construed to require a ,state1 a municipal government incorporated under ,state law1 or an ,indian ,tribe to install or allow for the installation of equipment essential for the provision of commercial mobile services 7as defined in section #ccb7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;d777 or commercial mobile data service 7as defined in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja771 other than broadband conduit and associated equipment described in paragraph 7#c77;,b74 7c7 ,relation to state dig once requirements ,nothing in subsection 7b7 or any regulations promulgated under subsection 7b7 shall be construed to alter or supersede any provision of a ,state law or regulation that provides for a dig once requirement that includes similar or more stringent requirements to the provisions of subsection 7b7 and any regulations promulgated under subsection 7b74 7d7 ,dig once funding task force 7#a7 ,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 7hereinafter referred to as the ,task ,force74 7#b7 ,duties ,the duties of the ,task ,force shall be to-- 7,a7 estimate the annual cost for implementing and administering a nationwide dig once requirement2 and 7,b7 propose and evaluate options for funding a nationwide dig once requirement described in this section that includes-- 7i7 a discussion of the role and potential share of costs of-- 7,i7 the ,federal ,government2 7,,ii7 ,state1 local1 and ,tribal governments2 and 7,,iii7 broadband providers2 and 7ii7 consideration of the role of existing dig once requirements of ,state1 local1 and ,tribal governments and private broadband investment1 with a goal to not discourage or disincentivize such dig once requirements or such investment4 7#c7 ,reports 7,a7 ,interim report and briefing ,not later than #i months after the date of enactment of this ,act1 the ,task ,force shall submit an interim report to ,congress and provide briefings for ,congress on the findings of the ,task ,force4 7,b7 ,final report ,not later than #ab months after the date of enactment of this ,act1 the ,task ,force shall submit a final report to ,congress on the findings of the ,task ,force4 7#d7 ,members 7,a7 ,appointments ,the ,task ,force shall consist of #ad members1 consisting of-- 7i7 the #b co-chairs described in subparagraph 7,b72 7ii7 #f members jointly appointed by the ,speaker and minority leader of the ,house of ,representatives1 in consultation with the respective ,chairs and ,ranking ,members of the-- 7,i7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7,,ii7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,,iii7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7iii7 #f members jointly appointed by the majority leader and minority leader of the ,senate1 in consultation with the respective ,chairs and ,ranking ,members of the-- 7,i7 the ,committee on ,environment and ,public ,works of the ,senate2 7,,ii7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,,iii7 the ,committee on ,appropriations of the ,senate4 7,b7 ,co-chairs ,the ,task ,force shall be co-chaired by the ,secretary and the ,assistant ,secretary1 or their designees4 7,c7 ,composition ,the ,task ,force shall include at least-- 7i7 #a representative from a ,state department of transportation2 7ii7 #a representative from a local government2 7iii7 #a representative from a ,tribal government2 7iv7 #a representative from a broadband provider2 7v7 #a representative from a ,state or local broadband provider2 7vi7 #a representative from a labor union2 and 7vii7 #a representative from a public interest organization4 7,d7 ,appointment deadline ,members shall be appointed to the ,task ,force not later than #fj days after the date of enactment of this ,act4 7,e7 ,effect of lack of appointment by appointment date ,if #a or more appointments required under subparagraph 7,a7 is not made by the appointment date specified in subparagraph 7,d71 the authority to make such appointment or appointments shall expire and the number of members of the ,task ,force shall be reduced by the number equal to the number of appointments so expired4 7,f7 ,terms ,members shall be appointed for the life of the ,task ,force4 ,a vacancy in the ,task ,force shall not affect its powers and shall be filled in the same manner as the initial appointment was made4 7#e7 ,consultations ,in carrying out the duties required under this subsection1 the ,task ,force shall consult1 at a minimum-- 7,a7 the ,commission2 7,b7 agencies of ,states including-- 7i7 ,state departments of transportation2 and 7ii7 appropriate ,state agencies2 7,c7 agencies of local governments responsible for transportation and rights of way1 utilities1 and telecommunications and broadband2 7,d7 ,tribal governments2 7,e7 broadband providers and other telecommunications providers2 7,f7 labor unions2 and 7,g7 ,state or local broadband providers and ,tribal governments that act as broadband providers4 7#f7 ,additional provisions 7,a7 ,expenses for non-federal members ,non-,federal members of the ,task ,force shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,task ,force4 7,b7 ,staff ,staff of the ,task ,force shall comprise detailees with relevant expertise from the ,department of ,transportation and the ,national ,telecommunications and ,information ,administration1 or another ,federal agency the co-chairpersons consider appropriate1 with the consent of the head of the ,federal agency1 and such detailee shall retain the rights1 status1 and privileges of his or her regular employment without interruption4 7,c7 ,administrative assistance ,the ,secretary and ,assistant ,secretary shall provide to the ,task ,force on a reimbursable basis administrative support and other services for the performance of the functions of the ,task ,force4 7#g7 ,termination ,the ,task ,force shall terminate not later than #ij days after issuance of the final report required under paragraph 7#c77;,b74 ,,vi ,repeal of ,rule and ,prohibition on ,use of ,,nprm #fjja4 ,repeal of rule and prohibition on use of ,,nprm 7a7 ,repeal of rule ,the ,fourth ,report and ,order1 ,order on ,reconsideration1 ,memorandum ,opinion and ,order1 ,notice of ,proposed ,rulemaking1 and ,notice of ,inquiry in the matter of bridging the digital divide for low-income consumers1 lifeline and link up reform and modernization1 telecommunications carriers eligible for universal service support that was adopted by the ,commission on ,november #af1 #bjag 7,,fcc #ag-aee71 shall have no force or effect4 7b7 ,rulemaking in reliance on universal service contribution methodology ,,nprm prohibited ,beginning on the date of the enactment of this ,act1 the ,commission may not rely on the ,notice of ,proposed ,rulemaking in the matter of universal service contribution methodology that was adopted by the ,commission on ,may #ae1 #bjai 7,,fcc #ai-df71 to satisfy the requirements of section #eec of title #e1 ,united ,states ,code1 for adopting1 amending1 revoking1 or otherwise modifying any rule 7as defined in section #eea of such title7 of the ,commission4