,,ii #aaith ,,congress #ast ,session ,s4 #cefe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjbe,mr4 ,wicker 7for himself and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,infrastructure ,investment and ,jobs ,act to authorize the use of remaining funds under the ,broadband ,equity1 ,access1 and ,deployment ,program for competitive subgrants to support the success of the broadband deployment projects funded by that program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,supporting ,u4,s4 ,critical ,connectivity and ,economic ,strategy and ,security for ,,bead ,act or the ,,success for ,,bead ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,grant funds allocated to an eligible entity under section #fjajb of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb7 that remain after the eligible entity's final proposal is approved should be used to enhance and sustain the success of the broadband deployment projects approved pursuant to that proposal4 7#b7 ,strengthening the telecommunication infrastructure of the ,united ,states1 including high-capacity fiber and network interconnection1 and developing an adequate1 targeted workforce are essential to deploying and scaling artificial intelligence 7commonly referred to as ,,ai7 technologies1 which are critical for maintaining ,united ,states leadership in emerging technologies4 7#c7 ,federal broadband investments to modernize and harden the networks of the ,united ,states1 including the #i-a-a networks1 are also vital for public safety and national security4 7#d7 ,the ,people's ,republic of ,china is investing heavily in ,,ai and advanced network infrastructure and workforce training1 presenting a geopolitical and technological challenge to the leadership of the ,united ,states that warrants action4 #c4 ,,bead subgrants for public safety1 national security1 workforce development1 and meaningful use of ,,ai-supportive telecommunications infrastructure 7a7 ,in general ,section #fjajb of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 by redesignating subparagraphs 7,i7 through 7,n7 as subparagraphs 7,p7 through 7,u71 respectively2 7,b7 by redesignating subparagraph 7,h7 as subparagraph 7,n72 7,c7 by redesignating subparagraph 7,g7 as subparagraph 7,k72 7,d7 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,h7 and 7,i71 respectively2 7,e7 by redesignating subparagraphs 7,a7 through 7,d7 as subparagraphs 7,c7 through 7,f71 respectively2 7,f7 by inserting before subparagraph 7,c71 as so redesignated1 the following3 7,a7 #i-a-a request for emergency assistance ,the term #i-a-a request for emergency assistance means a communication1 such as voice1 text1 picture1 multimedia1 or any other type of data1 that is sent to an emergency communications center for the purpose of requesting emergency assistance4 7,b7 ,artificial intelligence ,the term artificial intelligence has the meaning given the term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 2 7,g7 by inserting after subparagraph 7,f71 as so redesignated1 the following3 7,g7 ,commonly accepted standards ,the term commonly accepted standards means the technical standards followed by the communications industry for network1 device1 and ,internet ,protocol connectivity that-- 7i7 enable interoperability2 and 7ii7 are-- 7,i7 developed and approved by a standards development organization that is accredited by an ,american standards body 7such as the ,american ,national ,standards ,institute7 or an equivalent international standards body in a process that-- 7aa7 is open for participation by any person2 and 7bb7 provides for a conflict resolution process2 7,,ii7 subject to an open comment and input process before being finalized by the standards development organization2 7,,iii7 consensus-based2 and 7,,iv7 made publicly available once approved4 2 7,h7 by inserting after subparagraph 7,i71 as so redesignated1 the following3 7,j7 ,emergency communications center 7i7 ,in general ,the term emergency communications center means-- 7,i7 a facility that-- 7aa7 is designated to receive a #i-a-a request for emergency assistance2 and 7bb7 performs #a or more of the functions described in clause 7ii72 or 7,,ii7 a public safety answering point1 as defined in section #bbb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb74 7ii7 ,functions described ,the functions described in this clause are the following3 7,i7 ,processing and analyzing #i-a-a requests for emergency assistance and information and data related to such requests4 7,,ii7 ,dispatching appropriate emergency response providers4 7,,iii7 ,transferring or exchanging #i-a-a requests for emergency assistance and information and data related to such requests to or with #a or more other emergency communications centers or emergency response providers4 7,,iv7 ,analyzing any communications received from emergency response providers4 7,v7 ,supporting incident command functions4 2 7,i7 by inserting after subparagraph 7,k71 as so redesignated1 the following3 7,l7 ,interoperability ,the term interoperability means the capability of emergency communications centers to receive #i-a-a requests for emergency assistance and information and data related to such requests1 such as location information and callback numbers from a person initiating the request1 then process and share the #i-a-a requests for emergency assistance and information and data related to such requests with other emergency communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction1 equipment1 device1 software1 service provider1 or other relevant factors4 7,m7 ,internet exchange point ,the term internet exchange point means a physical building and related infrastructure that-- 7i7 enables internet service providers1 transport networks1 mobile networks1 content delivery networks1 artificial intelligence systems1 and other network operators to directly interconnect and exchange data traffic among their networks2 7ii7 provides neutral1 nondiscriminatory access to all network operators in good standing under published and reasonable rates and terms with no requirement for the purchase of network services as a condition of access2 and 7iii7 provides access to a shared internet exchange 7commonly known as an ,,ix7 switching fabric that enables participating networks to establish ,border ,gateway ,protocol sessions1 whether directly between participants or through a shared route server4 2 and 7,j7 by inserting after subparagraph 7,n71 as so redesignated1 the following3 7,o7 ,next ,generation #i-a-a ,the term ,next ,generation #i-a-a means an ,internet ,protocol-based system that-- 7i7 ensures interoperability2 7ii7 is secure2 7iii7 employs commonly accepted standards2 7iv7 enables emergency communications centers to receive1 process1 and analyze all types of #i-a-a requests for emergency assistance2 7v7 acquires and integrates additional information useful to handling #i-a-a requests for emergency assistance2 and 7vi7 supports sharing information related to #i-a-a requests for emergency assistance among emergency communications centers and emergency response providers4 2 7#b7 in subsection 7c77#e77;,c7-- 7,a7 by striking clause 7ii72 7,b7 by striking ,reallocation to other eligible entities4-- and all that follows through ,the ,assistant ,secretary and inserting ,reallocation to other eligible entities due to application failures4--,the ,assistant ,secretary2 7,c7 by redesignating subclauses 7,i7 and 7,,ii7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margins accordingly2 and 7,d7 in clause 7ii71 as so redesignated1 by striking subclause 7,i7 of this clause and inserting clause 7i7 of this subparagraph2 7#c7 in subsection 7e77#d77;,a77i71 in the matter preceding subclause 7,i71 by striking approvals and inserting approves2 and 7#d7 in subsection 7f7-- 7,a7 by striking paragraphs 7#c7 through 7#f72 7,b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and adjusting the margins accordingly2 7,c7 in subparagraph 7,a71 as so redesignated1 by adding and at the end2 7,d7 in subparagraph 7,b71 as so redesignated1 by striking the semicolon at the end and inserting a period2 7,e7 by striking ,an eligible entity may use grant funds received under this section to competitively award subgrants for-- and inserting the following3 7#a7 ,permissible uses ,an eligible entity may use grant funds received under this section to competitively award subgrants for-- 2 and 7,f7 by adding at the end the following3 7#b7 ,use of remaining amounts for projects relating to ,,ai-supportive telecommunications infrastructure1 workforce development1 public safety1 and national security 7,a7 ,definitions ,in this paragraph3 7i7 ,eligible project ,the term eligible project means a project for-- 7,i7 the construction of -- 7aa7 lit or dark fiber that is to be made available on a wholesale basis2 7bb7 conduit systems1 manholes1 in-line amplifier facilities1 and related infrastructure2 7cc7 carrier-neutral internet exchange points2 7dd7 mobile wireless communications infrastructure2 7ee7 facilities that house workforce development programs narrowly targeted to address worker shortages in the telecommunications1 cybersecurity1 artificial intelligence1 and electrical distribution sectors1 to the extent such programs promote or facilitate the deployment of broadband infrastructure2 7ff7 submarine cable systems2 7gg7 carrier-neutral submarine cable landing stations2 7hh7 mobile wireless communications infrastructure on educational facilities1 including those on ,tribal lands1 that increases coverage1 capacity1 resiliency1 or security capabilities of connectivity for public safety purposes2 or 7ii7 a combination of infrastructure described in any of items 7aa7 through 7hh72 7,,ii7 the planning and implementation of workforce development programs narrowly targeted to address worker shortages in the telecommunications1 artificial intelligence1 and electrical distribution sectors1 to the extent such programs promote or facilitate the deployment or meaningful use of broadband infrastructure2 7,,iii7 the planning1 implementation1 or maintenance of ,next ,generation #i-a-a in emergency communications centers2 7,,iv7 data collection1 mapping1 and planning2 7,v7 resources for tools1 personnel1 systems1 training1 or technical assistance to accelerate1 streamline1 or improve the efficiency of permitting processes necessary for broadband deployment2 and 7,,vi7 any use determined necessary by the ,assistant ,secretary to facilitate the goals of the ,program4 7ii7 ,remaining amounts ,the term remaining amounts1 with respect to the allocations to an eligible entity under subsection 7c71 means any amounts remaining from those allocations upon approval of the eligible entity's final proposal under subsection 7e77#d74 7,b7 ,use of remaining amounts 7i7 ,subgrant program ,notwithstanding any other provision of this section1 an eligible entity shall use all remaining amounts to establish a competitive subgrant program to support #a or more eligible projects4 7ii7 ,noncompetitive subgrants to workforce development boards ,if an eligible entity wishing to support an eligible project described in subparagraph 7,a77i77,,ii7 7relating to workforce development programs7 has a workforce development board1 the eligible entity may satisfy clause 7i7 of this subparagraph by awarding a subgrant to the workforce development board without conducting a competitive subgrant program4 7,c7 ,prohibited use of funds ,a subgrant awarded under subparagraph 7,b7 may not be used for the construction1 operation1 or expansion of a data center that has the primary purpose of processing and storing digital information4 7,d7 ,priority ,in awarding subgrants under subparagraph 7,b71 an eligible entity shall prioritize proposals that-- 7i7 develop infrastructure described in subparagraph 7,a7 in #a or more regions that are unserved or underserved by such infrastructure1 including on ,tribal lands2 7ii7 are strategically critical for public safety1 national security1 or economic development2 7iii7 produce a qualified workforce to support the telecommunications1 cybersecurity1 artificial intelligence1 and electrical distribution sectors1 to the extent such proposals promote or facilitate the deployment or meaningful use of broadband infrastructure2 7iv7 directly support enhanced connectivity to1 or network capabilities of1 military installations1 national laboratories1 or other relevant ,federal facilities1 including facilities of the ,national ,oceanic and ,atmospheric ,administration2 7v7 advance the cybersecurity or meaningful use of projects for which such subgrants are awarded2 7vi7 support direct network interconnection between edge artificial intelligence data centers and local networks1 including internet service providers1 mobile networks1 and research and education networks2 7vii7 enhance the network capacity1 resiliency1 hardening1 or geographic reach of telecommunications backbone infrastructure2 and 7viii7 accomplish #b or more of the objectives described in clauses 7i7 through 7vii74 7,e7 ,limited operational expenses ,a subgrant awarded under subparagraph 7,b7 may include funding for reasonable projected operations and maintenance expenses for a period of #bd months after completion of the project1 not to exceed #ae percent of the amount of the subgrant4 7,f7 ,matching requirement 7i7 ,amount ,notwithstanding any other provision of this section1 in awarding subgrants under subparagraph 7,b71 other than a subgrant awarded for an eligible activity described in subparagraph 7,a77i77,,iii71 an eligible entity shall require a subgrantee to provide a contribution of not less than #be percent of project costs4 7ii7 ,waiver ,upon request by a subgrantee1 an eligible entity may reduce or waive the required matching contribution under clause 7i74 7iii7 ,source of match ,a matching contribution under clause 7i7 may include in-kind contributions made by a subgrantee or a third-party entity4 7,g7 ,interstate projects ,two or more eligible entities may execute memoranda of agreement between or among one another to facilitate subgrant awards under subparagraph 7,b7 for eligible projects that span #b or more eligible entities4 7,h7 ,challenge process for eligible fiber infrastructure projects 7i7 ,in general ,a subgrant awarded by an eligible entity under subparagraph 7,b7 for the construction of lit or dark fiber that is to be made available on a wholesale basis1 as described in subparagraph 7,a77i77,i71 shall be subject to a mandatory public challenge process administered by the eligible entity4 7ii7 ,public notice and challenge window ,before awarding a subgrant described in clause 7i71 an eligible entity shall-- 7,i7 make the proposed project routes and other relevant attributes available on a publicly accessible website maintained by the eligible entity for a period of not less than #ad days 7in this subparagraph referred to as the public notice and challenge window72 and 7,,ii7 allow for the submission of challenges during the public notice and challenge window on the grounds that the proposed project constitutes overbuilding4 7iii7 ,criteria for valid challenges ,a proposed project described in clause 7i7 may only be challenged under clause 7ii77,,ii7 if the challenger demonstrates that-- 7,i7 a substantially similar fiber route already exists between defined locations2 7,,ii7 the existing fiber route is available to wholesale customers on comparable terms and conditions1 including price1 capacity1 and service level agreements2 7,,iii7 the existing infrastructure meets the same intended use as the proposed project1 including latency1 resiliency1 and interconnection capabilities2 and 7,,iv7 the proposed project does not substantially improve resilient1 redundant1 or alternative connection paths4 7iv7 ,determination 7,i7 ,in general ,upon receipt of a timely challenge under clause 7ii77,,ii71 an eligible entity shall conduct a review and issue a final determination as to the validity of the challenge not later than #cj days after the close of the public notice and challenge window4 7,,ii7 ,factors for determination ,an eligible entity shall base a final determination under subclause 7,i7 on a holistic review of route similarity1 capacity1 availability1 service offerings1 pricing1 and strategic justification4 7v7 ,transparency required ,an eligible entity shall publish a summary of each challenge received under clause 7ii77,,ii7 and the corresponding final determination issued under clause 7iv77,i71 including the rationale for any decision to uphold or reject the challenge4 7vi7 ,limitation ,the existence of any fiber route that is not made available on reasonable wholesale terms1 or that does not meet the intended purpose or technical performance of the proposed project1 shall not be grounds for a valid challenge under clause 7ii77,,ii74 7,i7 ,rule of construction regarding ,next ,generation #i-a-a ,nothing in this paragraph1 including the authority to use remaining amounts for the planning1 implementation1 or maintenance of ,next ,generation #i-a-a in emergency communications centers as described in subparagraph 7,a77i77,,iii71 shall be construed to expand or otherwise modify the definition of the term #8originating service provider' in section #i4bh of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7,j7 ,rule of construction regarding unspent funds ,nothing in this section shall be construed to limit or prevent an eligible entity from returning to the ,treasury any amounts allocated to the eligible entity under subsection 7c7 that are not spent4 4 7b7 ,waiver on ,build ,america1 ,buy ,america ,section #fjajb7;i7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb7;i77 is amended-- 7#a7 by striking ,the ,assistant ,secretary and inserting the following3 7#a7 ,authority to issue regulations ,the ,assistant ,secretary 2 and 7#b7 by adding at the end the following3 7#b7 ,applicability of ,build ,america ,buy ,america ,act waiver ,the notice of final waiver issued by the ,assistant ,secretary1 titled ,limited ,general ,applicability ,nonavailability ,waiver of the ,buy ,america ,domestic ,content ,procurement ,preference as ,applied to ,recipients of ,broadband ,equity1 ,access1 and ,deployment ,program1 effective on ,february #bb1 #bjbd1 may not be revised or rescinded4 4 7c7 ,guidance to eligible entities 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,assistant ,secretary of ,commerce for ,communications and ,information shall issue any guidance necessary to implement the amendments made by subsection 7a71 consistent with the purposes of this ,act4 7#b7 ,coordination with ,secretary of ,labor ,in the case of guidance described in paragraph 7#a7 that pertains to workforce development programs1 the ,assistant ,secretary of ,commerce for ,communications and ,information shall develop the guidance in coordination with the ,secretary of ,labor4 7#c7 ,application of uniform guidance ,the guidance issued under paragraph 7#a7 shall incorporate and apply1 to the maximum extent practicable1 the requirements of part #bjj of title #b1 ,code of ,federal ,regulations 7commonly referred to as the ,uniform ,administrative ,requirements1 ,cost ,principles1 and ,audit ,requirements for ,federal ,awards74 7d7 ,coordination of projects relating to the planning1 implementation1 or maintenance of ,next ,generation #i-a-a ,paragraph 7#b7 of section #fjajb7;f7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb7;f771 as amended by subsection 7a71 is amended by adding at the end the following3 7,k7 ,coordination of projects relating to the planning1 implementation1 or maintenance of ,next ,generation #i-a-a 7i7 ,duties of ,assistant ,secretary with respect to ,next ,generation #i-a-a ,the ,assistant ,secretary1 acting through the ,associate ,administrator for ,public ,safety ,communications1 shall-- 7,i7 take actions1 in coordination with ,state points of contact described in clause 7ii77,,ii7 as applicable1 to improve coordination and communication with respect to the implementation of ,next ,generation #i-a-a2 7,,ii7 develop1 collect1 and disseminate information concerning the practices1 procedures1 and technology used in the implementation of ,next ,generation #i-a-a2 7,,iii7 advise and assist eligible entities in the preparation of certifications required under clause 7ii72 7,,iv7 provide technical assistance to eligible entities that choose to use remaining amounts in support of efforts to explore efficiencies related to ,next ,generation #i-a-a2 7,v7 review and approve or disapprove the proposed use of remaining amounts for eligible projects described in subparagraph 7,a77i77,,iii72 and 7,,vi7 oversee the use of subgrants awarded under subparagraph 7,b7 for eligible projects described in subparagraph 7,a77i77,,iii74 7ii7 ,coordination required ,to the extent that an eligible entity proposes to use remaining amounts for the planning1 implementation1 or maintenance of ,next ,generation #i-a-a in emergency communications centers as described in subparagraph 7,a77i77,,iii71 the eligible entity shall submit to the ,assistant ,secretary a certification that the eligible entity-- 7,i7 has coordinated the proposed use with each emergency communications center located within the jurisdiction of the eligible entity2 7,,ii7 has designated a single officer or governmental body to serve as the point of contact to coordinate the implementation of ,next ,generation #i-a-a for that eligible entity1 except that such designation need not vest such officer or governmental body with direct legal authority to implement ,next ,generation #i-a-a or to manage emergency communications operations2 and 7,,iii7 has developed a plan for the coordination and implementation of ,next ,generation #i-a-a that-- 7aa7 ensures interoperability by requiring the use of commonly accepted standards2 7bb7 ensures reliability2 7cc7 enables emergency communications centers to process1 analyze1 and store multimedia1 data1 and other information2 7dd7 incorporates cybersecurity tools1 including intrusion detection and prevention measures2 7ee7 includes strategies for coordinating cybersecurity information sharing between ,federal1 ,state1 ,tribal1 and local government partners2 7ff7 uses open and competitive requests for proposal processes1 including through shared government procurement vehicles1 for deployment of ,next ,generation #i-a-a2 7gg7 documents how input was received and accounted for from relevant rural and urban emergency communications centers1 regional authorities1 local authorities1 and ,tribal authorities2 7hh7 includes #a or more governance bodies1 either by creation of #a or more new1 or use of #a or more existing1 bodies1 for the deployment of ,next ,generation #i-a-a that ensures full notice and opportunity for participation by relevant stakeholders2 7ii7 creates efficiencies related to ,next ,generation #i-a-a functions1 including cybersecurity and the virtualization and sharing of infrastructure1 equipment1 and services2 and 7jj7 utilizes an effective1 competitive approach to establishing authentication1 credentialing1 secure connections1 and access in deploying ,next ,generation #i-a-a1 including by-- 7,,aa7 requiring certificate authorities to be capable of cross-certification with other authorities2 7,,bb7 avoiding risk of a single point of failure or vulnerability2 and 7,,cc7 adhering to ,federal agency best practices such as those promulgated by the ,national ,institute of ,standards and ,technology4 4